David Lammy, the Deputy Prime Minister and Justice Secretary, is spearheading the biggest assault on our justice system and English liberty — particularly free speech — in more than 800 years.
The right to trial by jury dates back to the reign of Henry II and was enshrined in Clause 39 of Magna Carta, which states: “No free man is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land.”
The proposal, set out by the Deputy Prime Minister in the House of Commons earlier this month, represents the most authoritarian move taken by the Government since it won power in July 2024 — and that is a very high bar.
Under Mr Lammy’s plans, the right to trial by jury would be significantly curtailed. Defendants charged with offences carrying a likely sentence of less than three years would be deprived of the option of a jury trial altogether.
Britain’s most senior barristers have now intervened to make clear their opposition to these plans and to warn of the serious consequences they would have for the criminal justice system — most notably its ability to maintain public trust.
In a rare joint statement, the Four Bars said: “The curtailment of jury trials has predictable negative consequences, including undermining the public’s trust and confidence in our criminal justice system.
“Trial by jury is long established and respected throughout the common law world for its veneration of democratic ideals, its age, gender and ethnic inclusiveness, and its respect for citizens’ and judges’ roles in the administration of justice.”
The heads of the Bar Council of England and Wales, Scotland’s Faculty of Advocates, the Bar of Ireland and the Bar of Northern Ireland warned that plans to curtail the right to jury trial would undermine confidence in the justice system, urging the Prime Minister, Sir Keir Starmer, to “change course”.
While David Lammy claims these radical reforms are necessary to address the 80,000-strong backlog of cases in the Crown Court, the Four Bars have stated unequivocally that there is “no evidence” that scrapping jury trials would reduce the backlog.
The Free Speech Union is deeply concerned about Mr Lammy’s proposal to restrict our ancient right to trial by jury and views it as a direct attack on freedom of speech. Research conducted by the Free Speech Union shows that those charged with so-called “speech crimes” — a growing phenomenon — are almost twice as likely to be found not guilty in a Crown Court, with a jury, than in a magistrates’ court without one.
There has been widespread outcry — and some unlikely alliances — following the Deputy Prime Minister’s announcement. Conservative MP and Shadow Justice Secretary Robert Jenrick has described the plans as an assault on our ancient liberties; Your Party MP Zarah Sultana has labelled them “authoritarian”; and Labour MP Karl Turner has threatened to break the whip over the issue.
Setting out their opposition, the Four Bars went on to add: “Jurors provide an accumulation of life experience which marginalises extreme or unrepresentative views and, through the majority, delivers balanced and rounded decisions on behalf of the society from which its members are drawn.”
The case of Jamie Michael, a former Royal Marine, illustrates the vital importance of jury trials. Jamie was charged with stirring up racial hatred after posting a 12-minute Facebook video in the aftermath of the horrific Southport murders, in which he called for protests against high levels of illegal immigration.
Jamie — a man who had served his country in uniform — was reported to the police by a Labour Party staffer, arrested at work, denied bail, and held on remand for 17 days. The Free Speech Union supported him throughout, successfully securing the removal of his tag and the immediate lifting of his curfew.
When Jamie appeared before a jury of 12 of his peers, they unanimously found him not guilty. It took just 17 minutes.
The Free Speech Union will fight this sinister attack on freedom of speech with everything it has in 2026. In early December, the Free Speech Union launched a petition calling on the Government to guarantee our ancient right to trial by jury. It has already received almost 40,000 signatures — and shows no sign of slowing down.
You can sign the petition here to show your opposition to this Government’s assault on liberty and the right to free speech.
Read more in The Telegraph.