Britain drops plan to scrap jury trials for sentences under three years

Policy reversal on Crown Court trials

The British government has abandoned plans to remove the right to trial by jury for defendants facing prison sentences of under three years in England and Wales. Justice Secretary Alex Norris announced that ministers would discard the proposals initially introduced under former prime minister Sir Keir Starmer and former justice secretary David Lammy. The earlier reform, based on a review by retired judge Sir Brian Leveson, had sought to create a juryless tier in the Crown Court where judges sitting alone would rule on less serious crimes. Norris stated that the administration changed course after receiving severe criticism from lawyers and backbench Labour members of parliament. Ministers will, however, proceed with plans allowing complex fraud and financial cases to be heard by a judge alone.

I have heard the strength of feeling on the proposals for increasing the number of judge-alone trials in the Crown Court and have made the decision to change course.

Backlog pressures and alternative reforms

The scrapped proposals had been designed to reduce substantial delays across the justice system. The backlog of cases awaiting jury trial in Crown Courts reached nearly 81,000 at the end of June 2026, almost doubling since 2020 and threatening to reach 100,000 without intervention. Instead of establishing a judge-only Crown Court bench, the Ministry of Justice will double magistrates' maximum sentencing powers from one year to two years of imprisonment. In addition, defendants charged with "either-way" offences, such as theft, will lose the right to elect a Crown Court jury trial, leaving the choice of venue to magistrates. The government will also introduce artificial intelligence tools and virtual hearings to accelerate court administration.

Legal and political reactions

Legal organizations broadly welcomed the preservation of jury trials while expressing reservations about the alternative measures. Andrew Thomas, chair of the Criminal Bar Association, thanked ministers for changing course but stated that a severe threat to jury trials remains. Bar Council chair Kirsty Brimelow warned that increasing magistrates' powers could prove counterproductive while magistrates' courts manage their own rising case backlogs. Critics, including Doughty Street Chambers founder Geoffrey Robertson, had argued that cutting jury access dismantled vital constitutional protections without fixing long-term court underfunding. Meanwhile, the victims' commissioner expressed concern that abandoning the Leveson recommendations could leave victims waiting longer for verdicts.

Adjustments to inherited justice policies

The retreat on jury trials represents the latest modification of inherited justice policies under Andy Burnham, who became prime minister in July 2026. In September 2026, Burnham restricted an emergency prisoner early release program that had been enacted to ease prison overcrowding, altering the criteria after an urgent review. That intervention prevented the early release of two individuals convicted in the killing of police officer Andrew Harper. Norris argued that dropping the structural requirement for judge-only courts will allow the government to enact efficiency measures sooner. Shadow justice secretary Nick Timothy attributed the policy shift to parliamentary opposition pressure, while ministers insisted the revised approach will target backlogs more quickly.