Senior representatives from leading criminal law organisations have declared firm opposition to government proposals that would restrict the right to jury trial in England and Wales.
At a meeting held in London this week, the London Criminal Courts Solicitors’ Association (LCCSA), Criminal Law Solicitors’ Association (CLSA), and Criminal Bar Association (CBA) confirmed a united front against plans put forward by Justice Secretary David Lammy.
The proposals form part of a wider strategy aimed at reducing the Crown Court backlog. However, critics argue that curtailing jury trials for offences carrying sentences of less than three years would represent a significant constitutional shift.
Debate Over a Possible Pilot Scheme
It was reported that Labour MP Karl Turner, a former shadow justice minister and vocal critic of the reforms, may consider proposing a limited pilot of Crown Court bench trials as a compromise measure. Any such proposal would reportedly depend on whether representative bodies such as the Law Society and Bar Council support or oppose the initiative.
However, academic opinion expressed at the meeting questioned the value of a pilot. Rebecca Helm of the University of Exeter suggested that measurable benefits would be difficult to establish and warned that pilot schemes are costly and methodologically complex.
Helm emphasised the constitutional role of juries in reflecting community standards and interpreting legal concepts through collective reasoning. She cautioned that judge-alone trials may risk detachment from broader societal norms.
Concerns Over Appeal Rights
The proposed reforms also include removing the automatic right of appeal from the magistrates’ court to the Crown Court. According to the CBA, more than 40% of such appeals succeed, underscoring their importance as a safeguard within the criminal justice system.
Former CBA chair Chris Henley KC warned that a custodial sentence of up to three years carries life-altering consequences — affecting employment, family relationships, and long-term prospects — and should not be treated as procedurally minor.
Potential Day of Action
In a joint statement issued following the meeting, the LCCSA, CLSA, and CBA confirmed their intention to coordinate further action, including a potential protest outside the Old Bailey.
The Old Bailey holds symbolic significance for the legal profession, including a plaque commemorating jurors in Bushell’s Case (1670), where jurors were fined and imprisoned for refusing to convict against their conscience — a landmark moment in the development of jury independence.
A coordinated “day of action” is expected to be announced shortly.
