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Andy Burnham has scrapped a controversial plan to curb jury trials in yet another reversal of one of Sir Keir Starmer’s major policies.
The move is a U-turn on radical plans, introduced by former justice secretary David Lammy under Sir Keir’s leadership, to cut thousands of jury trials across England and Wales in a bid to tackle the court backlog.
It led to an outcry from MPs, lawyers and campaigners, with the proposals condemned as “madness” and described as being against Labour values.
Justice secretary Alex Norris has now said he has decided to “change course” after hearing the “strength of feeling on the proposals”.
Only some fraud and financial offences will now be allowed to be heard before a judge alone without a jury, the Ministry of Justice (MoJ) said.
Announcing the move, Mr Norris said scrapping the proposal would allow the government to reduce the backlog faster, as it would require less structural change.
“This government inherited criminal courts on the brink of collapse, with victims waiting years for their day in court,” he said. “I remain committed to bringing down the backlog and delivering swifter justice for those who so desperately need it.
“But 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.
“This allows us to start that work far earlier, ensuring that under this government we do not have victims waiting endlessly for justice.”
He added: “Justice delayed is justice denied, and I am committed to maximising efficiencies in our system alongside record investment. I remain committed to structural reform which is crucial if we are to bring down the backlog.”
It represents the Burnham government’s latest move away from Sir Keir’s legacy. Last month, Mr Burnham intervened in the early release scheme by making it more restrictive following an “urgent review” over who would be eligible.
Last week, the prime minister also raised the prospect of a potential second Brexit referendum, indicating he would reconsider Sir Keir’s post-Brexit red lines.
In a significant shift from the position Labour fought the 2024 election on, Mr Burnham said the government could keep the current arrangements, seek a customs union, return to the single market or “go all the way” in what would be full EU membership.
The move to curb jury trials had been championed by Mr Lammy, who said the reforms were needed to prevent victims facing “agonising delays”.
Mr Lammy wanted to reserve jury trials for “indictable-only” offences such as murder and rape, and lesser “either-way” offences with a likely sentence of more than three years in prison. Other cases would instead have been heard by a single crown court judge. The proposals were produced after a review by the retired judge, Sir Brian Leveson.
Ministry of Justice figures showed there were 80,829 cases still to be dealt with at the end of June, with the backlog almost doubling since 2020.
Barrister Karl Turner, who had the Labour whip suspended after he criticised the plan, welcomed the decision, and thanked the prime minister “for his support during my campaign”.
Mr Turner, MP for East Hull who has yet to have the whip restored, said he had “engaged directly with the justice secretary” about the issue in recent weeks.
The decision has also been welcomed by Law Society of England and Wales president, Mark Evans, who said that backlogs remained high as time had been wasted on the proposal.
“We welcome the government’s decision to step back from some of its proposed changes to jury trials that risked fairness and public trust,” he said. “Too much time has been wasted to reach this common-sense position while the backlogs in the Crown and magistrates’ courts have remained unacceptably high.
“Investment in infrastructure and technology is encouraging but this must be new money coming into the criminal justice system, a vital public service which has been drained of resources for too long. We have been calling for a whole-system approach that combines sustained investment and long-term planning.
“We remain concerned that putting more cases into the magistrates’ court, which also faces record backlogs, without increasing capacity places even greater strain on an already overburdened system and risks serious cases facing summary justice.
“It is essential to invest in legal aid. The prospect of people facing imprisonment while being denied legal representation remains a serious concern and lack of legal representation adds to delays.”
Liberal Democrat Justice spokesperson Jess Brown-Fuller MP said the proposal should never have been introduced in the first place, and the government should look to bring down the court backlogs so victims can get the justice they deserve.
“This starts with adopting Liberal Democrat plans to double sitting time in courtrooms across the country and introducing specialist courts for victims of rape and serious sexual offences as promised in the 2024 Labour manifesto.”
Siân Berry, Green MP for Brighton Pavilion with the Home Office brief, said it was another example of Labour conceding to Green pressure.
“This is a victory for justice and fairness,” she said. “As Zack [Polanski] said at conference, ‘vote Green and watch Labour move.’
“The right to choose trial by a jury of your peers is an absolute cornerstone of our justice system, and the government’s attempt to completely abolish this was profoundly disturbing and wrong.”
Another change announced by the MoJ will see criminals accused of what they described as “relatively minor crimes” losing the right to choose a Crown Court jury trial rather than a magistrates one, with courts having the final say on where “either-way” offences are sent.
This decision has been criticised by the Criminal Bar Association (CBA), who warned the proposals will shift 25,000 cases a year, including 5,500 jury trials, on magistrates – including complex assaults, sexual assaults and child abuse which volunteer magistrates are “completely unequipped to try”.
Shadow justice secretary Nick Timothy declared it a major victory for the Conservative party and those who had fought to defend jury trials, but condemned shifting cases onto the Magistrates’ doorstep.
“This is a major victory for everyone who fought to defend trial by jury, and Conservatives led that fight from day one. Labour have been forced to abandon its central attack on jury trials in the Crown Court,” he said.
“Labour are restricting juries by the back door, scrapping the right to elect one and dumping those cases on magistrates whose backlog is at a record high.
“Nearly 81,000 cases are stuck in the Crown Court, yet there is no commitment to get courts sitting more often, but Labour did find the time to write into law a review of how its reforms treat people of different backgrounds.
“Sixty-four crown courtrooms stand empty every day. A Conservative government would get every courtroom sitting so we can protect the right to a jury.”