UK Government proposes jury reform

Jury trials for crimes with a sentence of less than three years would be abolished under proposed reforms of the justice system in England and Wales.

The Ministry of Justice’s proposals, aimed at addressing the record backlog in cases, include an intention to introduce judge-only ‘Swift Courts’ for cases with a likely sentence of three years or less. It is estimated that these would be 20 per cent quicker than a typical jury trial.

The plans also include the use of judge-only trials for particularly technical and lengthy fraud and financial offences.

Under the proposals, jury trials would still be used for the most serious and almost all indictable offences, such as grievous bodily harm, murder, and rape.

These reforms are based on recommendations contained in the first part of the Independent Review of the Criminal Courts, published in July 2025.

The most recent data from the Ministry of Justice, published in September 2025, highlights the need for a more efficient system as there were over 78,000 open Crown Court cases.

The effectiveness of these potential reforms at reducing the backlog of cases has been questioned. Barbara Mills, chair of the Bar Council, which represents barristers in England and Wales, has said the Council has “continuously opposed proposals to curtail jury trials because there is no evidence that their removal would reduce the backlog”.

Most criminal cases in Britain are heard by three magistrates, volunteers who do not require any legal qualifications and currently have the power to hand out sentences of up to 12 months. New proposals seek to increase this limit to 18 months, which could potentially rise to two years if deemed necessary. This is aimed to relieve pressure on Crown Courts to allow them more time to hear cases with the most serious offences.

These reforms would also see the right for those on trial for either-way offences, such as actual bodily harm, theft, or burglary to elect for a jury trial. Instead, courts will now be given the power to decide where cases are heard.

UK Secretary of State for Justice David Lammy MP says: “These reforms are bold and it will take time to turn the tide on the rising backlog, but these measures are necessary to tackle the emergency in our courts. We are putting victims before tradition for tradition’s sake and fairness before those who want to game the system.”