The Deputy Prime Minister’s plan to all but abolish jury trials represents a direct assault on our ancient liberties — and a profound threat to free speech.
Jury trials are a cornerstone of the British justice system, with the earliest known reference in England dating back to 997. Yet, like many long-standing rights we hold dear, this fundamental protection is now under attack.
Deputy Prime Minister and Justice Secretary David Lammy is proposing to scrap jury trials for all offences except those carrying a potential prison sentence of more than three years. Under his plan, only the most serious charges — such as rape, murder and terrorism — would still be heard before a jury.
We must not forget that this government has shown little regard for free speech since taking office. This policy is just the latest illustration of the contempt they hold for this ancient liberty.
Trial by one’s peers is often the final safeguard against an increasingly authoritarian cancel-culture mob. When numerous members of the Free Speech Union have faced criminal charges simply for speaking out, juries have consistently rejected the overreach of zealous prosecutors. This has frustrated the Crown Prosecution Service, the activist networks driving many of these complaints, and now the lawyer-class at the top of this government.
The case of Jamie Michael, a decorated Royal Marines veteran, is a textbook example of the importance of juries. He was charged inciting racial hatred after a Labour Party staffer reported him for a Facebook video in which he called for protests against high levels of illegal immigration following the heinous Southport murders. He was arrested at work and spent 17 days behind bars on remand.
The Free Speech Union supported Jamie throughout his case and successfully secured the immediate removal of his tag and the lifting of his curfew. In the end, a jury took just 17 minutes to unanimously find him not guilty.
The government’s hypocrisy is striking. In 2020, David Lammy himself declared that “criminal trials without juries are a bad idea” and that jury trials are “foundational to the justice system in England and Wales.” Now in office, he is leading the effort to dismantle them, citing the record 80,000 case backlog in the courts. But juries are clearly not the cause of this crisis, with the Chair of the Bar Council, Baroness Mills KC, stating that “The criminal justice system is not in this crisis because of jury trials…there is little evidence (the reform) would significantly reduce the Crown Court backlog.”
Lammy claims that without radical action thousands of victims will be denied justice but stripping away one of our oldest liberties would ensure thousands more have their speech curtailed and justice denied.
Let’s be clear: this move is not about saving costs or tackling inefficiencies in the courts. It is about power. If Lammy succeeds, judges alone will be able to convict and imprison people for up to five years for social media posts. We cannot allow this.
Research by the Free Speech Union shows that defendants who invoke free speech as a justification are nearly twice as likely to be acquitted in a Crown Court — where a jury is present — compared to a magistrates’ court without one. From 2015 to 2025, 16 per cent of such cases ended in acquittal in magistrates’ courts.
In recent years the gap has widened further: in the year to June 2025, magistrates acquitted just 14 per cent of defendants relying on a free-speech defence, compared with 33 per cent in Crown Courts.
Moreover, when speech-related cases go before a jury, acquittal rates rise dramatically. In the year to June 2025, 75 per cent of defendants pleading not guilty to speech offences were acquitted by juries; across the past decade, the figure is 71 per cent.
The Free Speech Union will fight these dangerous and insulting proposals with all its force. Lord Young of Acton, has warned: “Trial by jury is a bulwark of British liberty, and if people charged with speech offences are denied that right, they’re more likely to be convicted.”
Conservative Shadow Justice Secretary Robert Jenrick condemned Lammy’s proposals, saying: “Juries act as a safety valve within the justice system. Instead of depriving British citizens of ancient liberties, David Lammy should get his own department in order. The right to be tried by our peers has existed for more than 800 years — it is not to be casually discarded when the spreadsheets turn red.”
The principle of jury trials was solidified in Magna Carta under Clause 39, which states: “No free man is to be arrested, or imprisoned, or disseised… except by the lawful judgment of his peers or by the law of the land.” The collective wisdom of 12 citizens — not the state — should decide the fate of the accused. Juries ensure that the law remains rooted in the values of the people it exists to serve.
Britain is beginning to resemble a banana republic, with once-prized institutions deteriorating before our eyes. We must fight for our liberties while we still can.
The Free Speech Union has set up a petition to call on the government to guarantee the right to jury trials in speech cases and reject these disastrous reforms. It could not be clearer: if the right to trial by jury is scrapped, you’ll be much more likely to find yourself banged up for exercising your right to free speech.
Click here to sign the petition.