Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of removing a defendant’s right to elect trial by jury for triable-either-way offences on public confidence in the criminal justice system.

The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard and too many victims waiting years for justice. One of the first priorities of this Government has been to tackle this crisis, which is why we asked Sir Brian Leveson to undertake his independent review. On 2 December, the Deputy Prime Minister responded to the first part of that review and set out why reform is necessary, alongside investment and modernisation.

Jury trials are the cornerstone of our justice system and will remain in place for the most serious crimes. It is the obligation of Government to guarantee everybody a fair trial and timely justice is fundamental to fairness.

The vast majority of criminal cases are already heard in magistrates’ courts without juries, with 90% of all criminal cases being dealt with by magistrates. But the status quo is not working for victims, defendants or anyone involved in the justice system. We need to do things differently and prevent defendants from gaming the system. Currently, triable-either-way offences make up around 40% of all cases. Triable-either-way offences allow a defendant to insist on their choice of having a jury trial at the taxpayer’s expense and greater length, irrespective of the seriousness of the offence. What this means it that, currently, according to Crown Prosecution Service figures, over 4,000 defendants, whose cases could have been heard in the magistrates’ court with magistrates’ court sentencing powers, were heard in the Crown Court because the defendant was able to insist on a full jury trial. This means that in each of those cases, money and significant time and resource was spent on a jury trial, not only at taxpayer’s expense but all those in the system.

Under the Government’s proposals, the mode of trial will be triaged by the Court, which will determine whether a case needs to be heard in the Crown Court, or could be heard more swiftly in the Magistrates’ Court. The latest figures show offences heard by magistrates already complete more than four times faster than similar cases in the Crown Court. Only reform will free up the space and time needed to prioritise the most serious cases – including those that can and should have a jury trial. We think that will benefit victims, witnesses, and defendants alike.