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Leaked Lammy Proposal Would Remove Juries From Most Criminal Trials

Officials frame judge-only trials as a way to cut a record Crown Court backlog, with legislation pencilled in for early 2026.

Overview

  • An internal Ministry of Justice memo attributed to David Lammy proposes reserving juries for murder, rape, manslaughter and a narrow public-interest category.
  • Most remaining cases would move to a new Crown Court Bench Division where a single judge tries offences likely to attract sentences of up to five years, with complex, lengthy frauds also eligible for judge-only hearings.
  • Published estimates of the scope differ, with The Times’ reading suggesting about 75% of trials affected and Criminal Bar Association analysis putting the figure near 95% based on recent MoJ data.
  • The government says no final decision has been taken as a Whitehall write-round continues, though primary legislation is being prepared for early 2026 and magistrates’ sentencing powers could be expanded.
  • Leading legal bodies—the Bar Council, Criminal Bar Association and Law Society—oppose the plan as untested and damaging to public trust, and political reaction has sharpened as past pro-jury statements by Keir Starmer and Lammy resurface.