A senior barrister has launched a fierce criticism of Labour’s proposed changes to jury trials, warning they could undermine a cornerstone of the justice system in England and Wales.
Geoffrey Robertson, founder of Doughty Street Chambers and a former colleague of Prime Minister Keir Starmer, described the proposals as a serious departure from Labour’s traditional values.
In a detailed analysis published alongside the courts and tribunals bill, Robertson argued that restricting jury trials to reduce court backlogs would be a “cure worse than the disease”.
Robertson said: “Attacking juries must be regarded a betrayal of the values for which Labour purports to stand.”
He added: “Given its record of support for progressive causes, for free speech and peaceful political protests, the bill does seem a betrayal of Labour traditions and values.”
The proposals aim to reduce pressure on the courts by limiting the number of cases heard by juries, potentially cutting jury trials by around half.
However, critics argue this could weaken a key safeguard within the justice system.
Robertson stressed the historical and constitutional importance of trial by jury, describing it as a vital mechanism for ensuring fairness and public trust.
“The determination, by 12 citizens, of evidence tested by prosecution and defence, is a surer guide to the right result… than the personal view of a judge or a bench of magistrates,” he said.
He also warned that removing jury trials from certain complex or lengthy cases could lead to less representative decision-making within the courts.
The legal expert argued that the reforms would not effectively address the root causes of court backlogs, which he attributed to funding cuts and inefficiencies.
He suggested that additional hearings to determine eligibility for jury trials could actually increase pressure on the system.
The proposals have also drawn support from legal figures. Kirsty Brimelow praised Robertson’s intervention, saying: “I hope many MPs will read this profound and professional analysis and stop the jury-wrecking parts of the bill in its tracks.”
The government has defended the changes, arguing that reform is necessary to tackle delays and improve efficiency within the justice system.
A Ministry of Justice source said: “Years of inaction by the Tories have created a system that is no longer fit for purpose, where justice delayed has become justice denied.”
They added that a combination of “investment, modernisation and reform” is needed to address the backlog and prevent further disruption.
The proposals are expected to face intense scrutiny as they progress through Parliament, with concerns raised about balancing efficiency with fairness.
As debate continues, the future of jury trials in England and Wales is set to become a major legal and political issue.