Right to Trial by Jury

Robert Jenrick Excerpts

Thursday 27th November 2025 Commons Chamber

[Robert Jenrick (Newark) (Con)]

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the Government’s reported plans to further restrict the right to trial by jury in almost all cases.

[The Minister for Courts and Legal Services (Sarah Sackman)]

This Government inherited an emergency in our criminal courts, with record and rising caseloads, leaving the victims behind each and every one of those cases facing agonising delays and waiting to see justice done, while some defendants hope that their accusers simply give up on justice.

That is why the Government asked Sir Brian Leveson, a pre-eminent jurist and one of our most experienced judges, to undertake an independent review—a once-in-a-generation review—of our criminal courts. We have been carefully considering his recommendations and agree that a crisis of this scale requires bold action to get the system moving and to deliver swifter justice for victims. No final decisions have been made on exactly how to take forward the blueprint that Sir Brian and his expert panel have set down, and I suggest that the House waits for that response.

Let me be clear: jury trials will always be a cornerstone of British justice. This Government will do whatever it takes to protect the fundamental right to a fair trial. The Great British justice system, with all its traditions, would never let victims wait, in some cases for four years, for justice. There is indeed a clash of ideas between those of us on the Government Benches and the Opposition. We are on the side of modernisation, defending our values, and swifter justice for victims, while they are prepared to watch the system rot, not offering any answers. The old adage rings true in the current crisis: justice delayed is justice denied. The system was simply not designed for a scenario where tens of thousands of victims are facing agonising delays for justice.

The vast majority of cases in our courts are already heard without juries. Around 90% of all criminal cases are dealt with robustly and fairly by magistrates, with no jury. The country deserves meaningful reforms that back victims, modernisation and fairness over those gaming the system, and that speed up the courts and get victims the swifter justice that they deserve, resolving the court backlog and ensuring fair justice. As I have said, we intend to respond to the first part of Sir Brian’s review very soon, so I am afraid the House will have to wait a little longer for that response.

[Mr Speaker]

No more leaks just yet, please.

[Robert Jenrick]

While this Government lurch from one outrage to another, yesterday the Chancellor shredded her promises and dropped a £26 billion tax bomb on working Britain. Meanwhile, we learned that the Justice Secretary is plotting to discard centuries of jury trials without so much as a by-your-leave—and where is the Justice Secretary to answer for this? Do we need to send out a search party to Saville Row in case he has gone suit shopping again this morning? Or perhaps he could not face up to the embarrassment that he is now destroying the very principles he once championed.

Jury trials are

“fundamental to the justice system…fundamental to our democracy. We must protect them.”

Those are not my words, but those of the Justice Secretary himself. This time, he was right: there is wisdom in 12 ordinary citizens pooling their collective experiences of the world. Yet, now that he is in government, he is doing the complete opposite. He blames the court backlog, but if the courtrooms standing empty this year were used, the backlog would be down by 5,000 to 10,000 cases. He pleads poverty on law and order, but yesterday the Chancellor came here and found £16 billion more to spend on benefits.

The truth is that the Labour party just does not think that ordinary people are up to it. It does not trust them with these decisions. Give away the Chagos islands, shackle us to the European convention on human rights, scrap jury trials—all because lawyers know best. And when the Justice Secretary is summoned here to the people’s House, what does he do? He cowers away. Well, the people who make up juries—the British people—will not wear it any more.

I have one simple question for the Minister he sent in his stead. Will she protect what is fundamental to our democracy, or will she stand by as the Justice Secretary casually casts aside centuries of English liberty?

[Sarah Sackman]

How extraordinary, Mr Speaker. The right hon. Gentleman claims to care about the rule of law; he claims to care about ancient legal traditions. This is the same shadow Justice Secretary who denigrates our independent judges and our legal community standing up for rights. I have already said it, and I will say it again: the right to a jury trial for our most serious cases will remain a fundamental part of our British legal tradition.

Since he is so fond of quoting our ancient principles and quoting Magna Carta, let me remind him of what is our constitutional right. Magna Carta states:

“to no one will we…delay right or justice.”

The right to a swift and prompt trial is a fundamental ingredient of fairness. When we have the crisis we inherited from the Conservative party, with a backlog now of some 80,000 cases—and behind each and every one of those cases is an actual victim and somebody accused of a crime—in the current system, we are denying a fair trial. When victims and witnesses pull out of the process, as is increasingly happening, that denies fairness.

I say this while wearing this pin, which shows that we stand in 16 days of activism against violence against women and girls: a woman reporting a rape today in London will be told that her trial may not come on until 2029-30. That is not justice at all, and it is a consequence of allowing the Crown court backlog to spiral out of control while doing nothing and offering not a single answer. That is not upholding the fundamental British constitutional right to a fair trial; it is exactly the opposite.

I for one, certainly, and as part of this Government, am not prepared to sit idly by. That is why we have gripped the crisis, making record investment in sitting days, extending magistrates court sentencing powers, investing in legal aid and asking one of our finest jurists, Brian Leveson, to conduct an independent review to provide us with a blueprint for how we get out of this mess. The Conservative party likes to call itself the party of tradition and the party of law and order, yet it presided over a justice system in which the British public can no longer have confidence.

I am afraid that I am not prepared to let victims down. This Labour Government are finally putting victims first. That is why we will carefully consider Sir Brian’s recommendations. It is why we will undertake to implement his blueprint, which takes as its fundamental premise this: the system is broken. There is no one in this House, no one in the community that represents victims and no one in the legal community—no judge, no one operating and working hard in the system to keep it going—who thinks that the system is not broken. We have to fix it.

Sir Brian Leveson tells us that investment alone will not fix it. We need investment coupled with structural reform and modernisation. That is exactly the blueprint that this Government will bring forward, because, as I said, we believe in the right to a fair trial, we believe in British justice and, unlike the Conservative party, we will deliver swifter justice for victims.