Trial by jury could end to save courts from collapse

The automatic right to a trial by jury could be axed for fraud cases and some sexual offences under radical reforms being considered by the government to tackle record court backlogs.

- AMY-CLARE MARTIN CRIME CORRESPONDENT

Proposals unveiled by Sir Brian Leveson have been described as the “most sweeping transformation of criminal courts in a generation” as he calls for a shakeup which would see some trials heard by a judge and two magistrates in a new division of the crown court.

The 380-page blueprint for reform, commissioned by the government, comes as a record 76,957 cases are waiting to be heard at crown courts in England and Wales, with trials listed as far ahead as 2029.

Sir Brian’s recommendations, designed to save 9,000 court sitting days each year, include:

• The removal of the right to choose a jury trial in cases where the maximum sentence is two years imprisonment

• The creation of a new Crown Court Bench Division (CCBD) in which a judge and two magistrates can hear ‘either way’ offences without a jury

• Defendants encouraged to plead guilty at earliest opportunity with the maximum reduction in sentence length increased from 30 to 40 per cent

• Serious complex fraud cases heard by a judge alone

• More cases resolved out of court with increased use of cautions

Justice secretary Shabana Mahmood, who is considering his recommendations, said she will do “whatever it takes to bring down the backlog and deliver swifter justice for victims”.

The government is expected to respond in full before deciding what changes they take up in the Autumn.

Sir Brian, a former High Court judge, said without action we risk “total system collapse” and his reforms are not small tweaks, but fundamental changes to make the system fit for the 21st century.