31 March 2026
Another week brings yet another senior figure speaking out against the Deputy Prime Minister and Justice Secretary’s proposed restrictions on the right to trial by jury.
In a highly unusual intervention, the Lady Chief Justice, Baroness Carr of Walton-on-the-Hill, has raised serious concerns about the Government’s plans to curtail this fundamental right.
Under David Lammy’s proposals, defendants facing a maximum prison sentence of less than three years would no longer be able to elect for a jury trial. Instead, their cases would be decided in judge-only courts.
Baroness Carr, who has served as the most senior judge in England and Wales since 2023 — and is the first woman to hold the office — has warned ministers that expanding the use of judge-only trials could expose judges to an increased risk of physical abuse.
Although the Lady Chief Justice has indicated that ministers appear to be listening to her concerns, there is, as yet, no evidence that adequate plans have been developed to protect judges should the Courts and Tribunals Bill complete its passage through Parliament this year.
Research conducted by the Free Speech Union in December last year found that individuals charged with speech-related offences are almost twice as likely to be acquitted in a Crown Court trial with a jury as they are in a magistrates’ court without one.
Critics argue that these reforms represent a serious erosion of a long-standing safeguard within the English legal system. While Lammy has claimed that the changes are necessary to address the Crown Court backlog of approximately 80,000 cases, analysis by the Institute for Government suggests the reforms would save only around 2 per cent of Crown Court time — far short of the 20 per cent previously suggested.
In pressing ahead with these proposals at speed, ministers risk not only weakening a cornerstone of the criminal justice system but also potentially placing members of the judiciary in harm’s way.
Read more: Jury-free trials risk exposing judges to violence, says Lady Chief Justice (The Times).
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