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The Bar Council has urged the government to abandon proposals that would restrict the use of jury trials, warning that such changes risk undermining public confidence in the criminal justice system.
Responding to the Deputy Prime Minister’s announcement of measures arising from Sir Brian Leveson’s Independent Review of Criminal Courts, Bar Council Chair Barbara Mills KC welcomed commitments to invest in the criminal justice system but cautioned that proposed reforms to jury trial could jeopardise progress.
Mills said the package contained “much to be embraced”, including long-awaited support for the criminal Bar. The government’s pledge to match-fund criminal pupillages and a further £34 million investment in criminal legal aid fees were described as vital steps toward stabilising the profession. She added that fee uplifts must apply equally to prosecution and defence to maintain parity.
The Bar Council also welcomed an increase in court sitting days but urged ministers to go further and remove the cap entirely so courts can operate at full capacity to reduce the backlog.
However, Mills warned that proposals affecting jury trials were “misguided” and not supported by evidence.
“We have continuously opposed proposals to curtail jury trials because there is no evidence that their removal would reduce the backlog, nor has it been set out how an alternative system would be resourced,” she said. “Replacing juries with a judge alone is not the answer – few European countries allow lengthy sentences to be passed by a single judge, and juries enjoy public trust, including for their equitable decision-making across ethnic groups.”
She stressed that longstanding jury trial practices “did not cause the problem in the first place” and cautioned the government against pursuing “radical changes under the mistaken belief that radical equals effective.”
The Bar Council said constructive reforms should focus on investment, capacity and sustainability across the criminal courts, rather than altering fundamental principles of the justice system.
