Limit trials by jury to save justice system from collapse, says report

Thousands of defendants in England and Wales could lose the right to a jury trial under plans published today designed to save the criminal justice system from total collapse.

- Haroon Siddique

Sir Brian Leveson, a former judge with 55 years of criminal law who was asked by the government to come up with proposals to tackle the record courts backlog, said he had been forced into recommendations that he did not "rejoice in".

Historically, only defendants facing minor offences in the magistrates courts have been denied the right to a jury trial, which has long been synonymous in England and Wales with the right to a fair trial.

But if Leveson's recommendations were implemented then the right could be removed for people accused of offences such as sexual assault, racially or religiously aggravated strangulation, harassment and child abduction.

Recommendations in the 378-page report include:

• A new division of the crown court with a judge and two magistrates to hear either-way offences - those in which the defendant can currently choose to be heard by either a magistrate or a jury in the crown court.

• Removing the right to elect to be tried in the crown court for offences that carry a maximum sentence of two years or less.

• Reclassifying some either-way offences so they can be tried only in the magistrates court.

• Trial by judge alone for serious and complex fraud cases.

• The right for all crown court defendants to elect to be tried by a judge alone.