The right to a trial by jury in England and Wales is set to be substantially curtailed under a sweeping overhaul of the criminal justice system announced in early December 2025. The government, led by Justice Secretary David Lammy, described the move as a necessary response to a “courts emergency” caused by a backlog of nearly 80,000 Crown Court cases — more than double the pre-pandemic level.

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Under the new proposal, serious crimes such as murder, rape and manslaughter will still proceed before juries.

However, many “either-way” offences — those for which prison sentences are expected to be three years or less — will now be handled either by magistrates or by a judge alone in newly created “swift courts.” Magistrates’ sentencing powers will be expanded, with maximum custodial sentences rising to 18 months (and possibly up to 24 months under further deliberation).

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The planned reforms also allow for complex fraud and financial-crime trials to proceed without a jury, according to proposals reportedly drawing on recommendations from a review by retired senior judge Sir Brian Leveson.

The creation of a new judicial tier — the proposed Crown Court Bench Division — is intended to relieve pressure on traditional Crown Court resources.

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Government ministers argue that the changes will speed up justice, reduce years-long delays for victims and witnesses, and help clear the mounting backlog that has left some cases scheduled as far ahead as 2030. Lammy has insisted that limiting jury trials in less serious cases does not amount to abolishing them altogether, emphasising that jury trials will remain “at the heart” of the justice system for the most serious offences.

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Nonetheless, the reforms have provoked widespread concern from legal professionals, lawmakers and civil-rights campaigners.

Critics warn that stripping the right to a jury for thousands of defendants could undermine public trust in justice, reduce transparency, and disproportionately affect minorities and vulnerable defendants.

Some warn the reforms rest on court-capacity problems caused by chronic underfunding rather than the jury system itself.

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With legislation expected in the coming months, the debate over balancing efficiency against historic legal protections is now central to the future of British criminal justice — and the outcome may reshape how hundreds of thousands of cases are resolved each year.