Trials

(asked on 3rd December 2025) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the Written Ministerial Statement of 2 December 2025, what safeguards will be put in place to ensure that, where defendants can no longer elect a jury trial, decisions are (a) consistent and (b) subject to appropriate oversight.


Answered by
Sarah Sackman Portrait
Sarah Sackman
Minister of State (Ministry of Justice)
This question was answered on 10th December 2025

The court reforms, including removing the right to elect for a jury trial, are not intended to impact trial outcomes; the intention is only to change how trials are heard.

The vast majority of criminal cases - over 90% - are already heard without a jury, by magistrates. Their decisions will continue to be based on the law and the facts of the case. Safeguards are in place to ensure magistrates’ court decisions are consistent and subject to appropriate oversight. This includes a new appeals process whereby defendants will be able to seek permission to appeal based on an arguable point of law for their case. This new process will mirror the appeals process from the Crown Court to the Court of Appeal. Magistrates and judges must also follow sentencing guidelines when making sentencing decisions. These guidelines outline the factors they should consider before reaching a final decision.

Under the reformed system, trials taking place in the Magistrates’ Court will be recorded. This transparency measure represents an important modernisation of our Courts but also represents an important safeguard for all parties.

We will continue to monitor conviction rates and sentencing outcomes as part of our ongoing assessments of the criminal justice system.

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