There are many things one can say about the Justice Secretary and Lord Chancellor’s plan to slash our ancient and precious right to trial by jury, but its ability to attract criticism from prominent figures across law and politics has been particularly striking. Figures as diverse as Labour MP Karl Turner, Conservative Shadow Justice Secretary Robert Jenrick, and Your Party MP Zarah Sultana have joined forces to condemn this authoritarian move.
In the same week that the Four Bars issued a rare joint statement opposing David Lammy’s sinister plan — warning that it would undermine public trust in the criminal justice system — Sir Keir Starmer’s mentor and former boss has also voiced his opposition.
Edward Fitzgerald KC, widely regarded as one of the most brilliant lawyers of his generation, has described the decision to slash the right to trial by jury as “most unfortunate”. His intervention is both significant and personal for the Prime Minister, given that Fitzgerald was Sir Keir’s former boss. Fitzgerald was a founding head of Doughty Street Chambers, where Sir Keir Starmer worked for 20 years after joining as a junior barrister. The two men enjoy a close relationship, with Fitzgerald having been invited as a personal guest of the Prime Minister to greet him as he entered Downing Street for the first time in July 2024.
Jury trials are a cornerstone of our justice system and a bulwark of English liberty, particularly freedom of speech. This safeguard has stood the test of time, dating back to the reign of Henry II and enshrined in Magna Carta. For many — including former Royal Marine Jamie Michael, who was found not guilty by a jury of stirring up racial hatred in just 17 minutes — the right to trial by jury has represented the last line of defence against an increasingly militant and authoritarian cancel-culture mob.
If David Lammy gets his way, you will be far more likely to find yourself banged up for exercising your right to free speech.
Keir Starmer often speaks fondly of his time as a lawyer at Doughty Street and his tenure as Director of Public Prosecutions. Sadly for him, his former chambers take a very different view of his plans to curtail the right to jury trials. Doughty Street Chambers issued a statement on its website on behalf of its members, including Mr Fitzgerald, which said: “Trial by jury is a deeply entrenched constitutional principle and anchors our liberal democracy. Jury trials enable people to participate and have a say in their criminal justice system.
“We are firmly opposed to the proposals to remove trial by jury for all but the most serious of crimes. These proposals are wrong in principle, and there is no evidence that they will resolve the current Crown Court backlog.”
The statement added that the problems facing the criminal justice system, including a backlog of 80,000 cases, have been “caused by chronic underfunding over a number of years”. It went on to say: “In rejecting these proposals, we fully support the stance taken by the Criminal Bar Association and the Bar Council.”
Under David Lammy’s plan, Ministry of Justice modelling suggests that half of the current 15,000 jury trials would be scrapped.
The Free Speech Union is deeply concerned by the Government’s plan to curtail this fundamental right. Its General Secretary and founder, Lord Young of Acton, has described it as the most authoritarian move taken by this Government to date. A petition launched by the Free Speech Union calling on the Government to guarantee the right to trial by jury has already reached 39,000 signatures — and shows no sign of slowing down.
If you care about English liberty, especially free speech, sign our petition here.
Read more in The Telegraph.