Barristers voice opposition to reducing number of jury trials

Barristers from across Britain and Ireland have said they are “deeply concerned” by the Government’s plans to curb the number of jury trials.

The “Four Bars”, the bodies representing barristers across the UK and the Republic of Ireland, have weighed in on the reforms being spearheaded by Deputy Prime Minister David Lammy.

Mr Lammy, the Justice Secretary, wants to limit jury trials to only the most serious offences, and those with a likely sentence of more than three years in prison.

Ministers hope that reducing the number of jury trials will help to clear the backlog of cases in the criminal courts system but the plans have been met with widespread criticism.

The proposals followed from an independent review by Sir Brian Leveson, a retired Court of Appeal judge, who recommended a form of jury-free trial as part of a series of “fundamental” reforms to the courts.

But the four bar councils for England and Wales, Scotland, Northern Ireland and the Republic of Ireland warned the Government’s plans go beyond what Sir Brian recommended.

In a joint statement, they said: “The Four Bars are deeply concerned that the UK Government is planning to restrict the right to a jury trial in England and Wales.

“Being tried by a jury of one’s peers is a fundamental cornerstone of the criminal justice system in our respective jurisdictions.”

They claimed there was “no evidence that this fundamental change will bring down the existing Crown Court backlog”, adding: “The proposal also goes further than Sir Brian Leveson’s recommendation, which itself has not been piloted nor thoroughly modelled.

“Importantly, he alerts the Ministry of Justice to the desirability of further detailed analysis before implementation.”

They concluded: “The Four Bars stand as one in opposition to this proposal. Legislation is still some time away – the Government has time to listen to the views we express and to change course.”

The statement was signed by Barbara Mills KC, chairwoman of the Bar Council of England and Wales; Roddy Dunlop KC, Dean of the Faculty of Advocates, in Scotland; Donal Lunny KC, chairman of the Bar of Northern Ireland; and Sean Guerin SC, chairman of the Bar of Ireland.

The opposition from the senior lawyers follows a wave of political criticism of the plans, including from Sir Keir Starmer’s own backbenchers.

Some 39 Labour MPs broke cover earlier this month, and signed an open letter which indicated they were willing to vote down the proposals in the Commons.

Karl Turner, the Labour MP for Hull East who co-ordinated the letter, claimed “many more” than those who signed the letter were also willing to rebel.

A Ministry of Justice spokesperson said: “This Government inherited a justice system in crisis. Only through these crucial reforms, the extra investment we will deliver, and our drive to increase efficiency in the system can we make sure brave victims and survivors of crime get the swifter justice they deserve.

“Combined, these measures will free up the space and time needed to prioritise the most serious cases – including those that can and should have a jury trial.”