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Jury trial is not a luxury or a quirky tradition

For over 20 years, I have stood in cramped cells and worn-out courtrooms, watching the state line up against the individual. I’ve seen frightened teenagers, exhausted mothers, people who made bad choices and people who were wrongly accused. Throughout it all, one thing has kept our justice system feeling fair: when it really mattered, ordinary people had the final say.

Twelve strangers, chosen from the community, sitting together as a jury.

Now, a Labour Government that claims to be “on the side of the many” is quietly pushing that safeguard towards the exit.

Last week, more than 100 lawyers warned the Ministry of Justice that Labour’s plan to drastically cut jury trials is a serious mistake.

In simple terms, the proposal is this: keep juries only for the very worst crimes—like murder and rape—and move a huge range of other serious offences to be decided by a judge alone. At the same time, they want to give more power to magistrates’ courts, which we already know produce some of the most unequal outcomes, especially for Black and Minority Ethnic Defendants.

And the reason given? The backlog of cases.

Yes, the backlog is real. Cases drag on for years, witnesses move away, memories fade, victims lose hope. But let’s be clear: juries didn’t create this backlog. It was created by political choices—court closures, crumbling buildings, cuts to legal aid, and fewer sitting days. Now, instead of fixing the problems, Labour wants to remove one of the foundations of our justice system.

When I talk to my clients about juries, even the most cynical ones understand. They might not trust judges or politicians, but they value the idea that “people like us” are in the room—a local builder, a teaching assistant, a retired nurse.

Take juries away from most serious cases, and you don’t just change who decides—you change how justice feels. It stops being justice with the public and starts being justice done to the public.

What’s especially frustrating is that Labour should know better. David Lammy’s 2017 review showed that juries were one of the few parts of the system that treated minority ethnic defendants fairly. The big problems were elsewhere—in policing, charging, magistrates’ courts, and sentencing. Having seen clear proof that juries work, Labour’s response seems to be: “Let’s cut them.”

Posted in Op-eds | Also tagged , and | 10 Comments
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