Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the Written Statement entitled Criminal Court Reform, published on 2 December 2025, HCWS1123, what assessment his Department has made of the potential impact of removing the option for defendants to elect for trial by jury in certain triable-either-way cases on (a) the constitutional role of juries, (b) defendants’ right to a fair trial and (c) 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.

The removal of the defendants’ right to elect is compatible with Article 6 of the ECHR. Whilst jury trial will remain an important feature of the criminal justice system following these reforms, it is important to recognise that there is no constitutional right to a jury trial.

As you will be aware, the vast majority of criminal trials in this country are conducted fairly, without a jury. 90% of all criminal cases are dealt with by magistrates and only around 3% of all criminal trials are heard by a jury. It is the obligation of Government to guarantee everybody a fair trial and timely justice is fundamental to fairness. But the status quo is not working for victims, defendants, or anyone involved in the justice system.

The new ‘swift courts’ will operate within the existing Crown Court framework, following the same process and procedures. Safeguards will be in place, including the existing appeals procedure, and judges in the ‘swift courts’ will be required to provide reasoned judgments when delivering decisions to convict or acquit. An impact assessment will accompany our legislative measures, as is usual practice.