Topics / Crime, policing and justice
Should the right to jury trial be limited to reduce court backlogs?
Crown Court backlogs in England and Wales have reached record levels. The question is whether limiting the right to jury trial for some offences is a justified way to reduce delays, or whether delays should be tackled in other ways while jury trial is preserved.
Positions
- Yes, for mid-level offences: Victims and defendants are waiting years for trial while witnesses drop out and memories fade. For mid-level either-way offences, trial by a judge (alone or sitting with magistrates) should replace the jury so the courts can clear the backlog, while jury trial is kept for the most serious cases.
- Let defendants choose: Defendants should be able to opt for trial by judge alone if they wish, but no one should lose the right to be tried by a jury.
- No: Being judged by fellow citizens is a fundamental safeguard against state power and should not be cut back. The backlog should be tackled through funding, court capacity and efficiency, not by restricting jury trial.