Proposed Jury Trial Reforms Proposed to Ease Crown Court Backlog

The government is examining whether to reduce the use of jury trials as part of its response to the severe and persistent Crown Court backlog, a backlog that’s increasingly shaped policy by pushing reforms toward procedural fixes rather than expanding capacity. The proposal would reserve juries for the most serious offences such as murder, rape and manslaughter, while a large share of other cases would be determined by a judge alone.

This change would alter the structure of everyday criminal procedure. Jury trials have long been the standard for serious cases, and narrowing their use shifts routine fact-finding toward judges rather than lay decision-makers. That doesn’t undermine the fairness of the process, but it does reduce the role of public participation in outcomes and changes the usual balance of how criminal cases are decided.

The rationale for the proposal is practical. Judge-only trials are easier to schedule, less vulnerable to disruption and use fewer resources at a time when the system is struggling to manage volume. In that sense, the proposal fits within a broader pattern: adjusting procedure to cope with structural pressure rather than expanding the system itself. Court closures, restricted sitting days and long-term resource constraints continue to limit capacity and this measure works within those limits rather than resolving them.

The implications for practice would develop gradually. Jury advocacy would play a smaller role, written and evidential analysis may become more central, and the pace of criminal work could change if a greater proportion of cases progress more quickly. These are incremental shifts, but together they influence the overall character of criminal practice.

Overall, the proposal reflects the extent to which capacity pressures are shaping criminal justice policy. It represents a shift toward managing the system as it is rather than rebuilding it, and whether it becomes permanent depends on the government’s willingness to invest in practical improvements; increased sitting days, functional courtrooms and sufficient staffing rather than relying on procedural changes alone.

1. The Guardian, ‘David Lammy considers scrapping jury trials for all but the most serious cases’ (25 November) https://www.theguardian.com/law/2025/nov/25/moj-considering-extreme-proposal-to-scrap-jury-trials-for-all-but-most-serious-cases accessed 25 November
2. Financial Times, ‘Ministers plan to scrap jury trials for all but the most serious cases’ (25 November) https://www.ft.com/content/a47a2cbd-fcbf-4363-a544-032964433965 accessed 25 November
3. Cassia Rowland, ‘Performance Tracker 2025: Criminal courts’ (Institute for Government, 23 October 2025) https://www.instituteforgovernment.org.uk/publication/performance-tracker-2025/criminal-justice/overview accessed 26 November