Thousands of criminal cases in England and Wales may soon be decided without juries, following radical proposals by former senior judge Sir Brian Leveson aimed at rescuing the justice system from what he warns is near “collapse.”
Commissioned by Lord Chancellor Shabana Mahmood, Sir Brian’s review urges fundamental reforms to address a growing backlog in the Crown Court, where nearly 77,000 cases remain unresolved—some delayed for years.
“Our criminal justice system stands at a critical juncture,” said Sir Brian. “These are not small tweaks but fundamental changes that will seek to make the system fit for the 21st century.”
Key Proposals from the Leveson Report
- Judge-only trials for complex or less serious cases like fraud and bribery
- Creation of a new Crown Court division staffed by one judge and two magistrates to hear mid-level offences
- Removal of jury trial option for crimes with maximum sentences of two years (e.g., voyeurism, drug possession, minor assault)
- Increased use of cautions and out-of-court resolutions to clear simple cases swiftly
- 40% sentence reduction for early guilty pleas to incentivize faster resolutions
- Threshold for criminal damage summary trials raised from £5,000 to £10,000
- Reclassification of some either-way offences as summary-only to shift them to magistrates’ courts
Why the Reforms Are Being Considered
According to Sir Brian, the delays are not only frustrating but undermining justice for victims, defendants, and witnesses alike. He emphasized that the core right is to a “fair trial”, not necessarily one by a jury, especially if delays render trials ineffective.
The backlog has grown so dire that some cases in London are listed for trial as late as 2029, prompting warnings of a system “on the brink of collapse.”
Divided Legal Opinions
While senior police and the Magistrates’ Association back the proposals as urgent and necessary, legal professionals are divided.
- Mary Prior KC, Chair of the Criminal Bar Association: “Such a radical change needs full buy-in from the criminal barristers who operate daily in these courts.”
- Manisha Knights, Solicitor Advocate at MK Law: “Our jury system brings diversity and fairness. Removing or diluting it undermines the right to be tried by one’s peers.”
Political and Institutional Response
Justice Secretary Shabana Mahmood praised the review, citing already increased funding for courts but acknowledging that “bold reform” is necessary to reverse years of decline.
“I will do whatever it takes to bring down the backlog and deliver swifter justice for victims.”
Met Police Commissioner Sir Mark Rowley echoed those sentiments:
“It cannot be right that over 100 trials are listed for 2029 in London. This is intolerable.”
Historical & Global Context
- Jury trials have been part of the English legal system since the 1200s.
- Germany and France use judge-led or mixed courts for many cases.
- Northern Ireland has used non-jury trials since 1973 for terrorism-related prosecutions.
- In 2023, just 12 non-jury trials were held in Northern Ireland, down from 300+ during the Troubles.
What Happens Next?
The UK government will review the recommendations and is expected to respond before legislation is tabled in autumn 2025. A second report focusing on court efficiency is due later this year.https://x.com/BBCNews/status/1942853352984883501