By Sophie Tanno, CNN
London (CNN) — For hundreds of years, Britons accused of substantial crimes have had the right to be tried by their peers in a court of law. But now as the country grapples with an acute backlog of cases waiting to be heard, the right to trial by jury is being curtailed, in what legal experts warn could lead to less fair rulings.
The reforms, announced by Britain’s Justice Secretary David Lammy earlier this month, will see the creation of a new, “swift” tier of jury-free courts, which will take on cases where defendants face sentences of up to three years. Such charges – including fraud, robbery and drug offenses – were previously heard by Britain’s Crown Courts, which handle serious crimes.
Cases of sexual assault, murder and manslaughter, in addition to people trafficking, grievous bodily harm and prosecutions that fall under the category of “public interest,” will still be given a jury trial. The reforms will not extend to Scotland or Northern Ireland, which have their own justice systems, and will not impact less severe crimes, such as motoring or public order offenses, which are already processed without juries.
With nearly 80,000 criminal cases currently waiting to be heard in the Crown Courts – a number set to rise to 100,000 by 2028 – the UK’s justice system is in crisis. The backlog includes 13,238 sexual offense cases, according to UK government data. Some victims are forced to wait up to three or four years to have their day in court.
A report by the Victims’ Commissioner, an independent government agency, published in October, depicts an overstretched criminal justice system that many have lost faith in.
One man, a victim of an assault which he said had left him with psychological trauma, told how the lack of capacity had left him without justice.
“The police told me that the CPS (Crown Prosecution Service) were unlikely to prosecute an assault – I was hit multiple times by a moving van on purpose, the incident was recorded as I was on the phone to the police at the time, and the perpetrator admitted he had done it – because of the court backlog.”
A female victim of stalking and harassment spoke of the fear she suffered as the trial of her alleged perpetrator was delayed and postponed, leaving him at large. It had been “three years of terror for me to live through,” she said.
Advocating for the reforms, Sarah Sackman, minister of state for courts and legal services, referenced the agonizing wait for some victims, telling the House of Commons on December 8 that “justice delayed is justice denied.”
Cornerstone of democracy?
Lachlan Stewart, a criminal barrister in Birmingham and the Chair of the Bar Council’s Young Barristers’ Committee, points to delays caused by the Covid-19 pandemic as a major reason for the court backlog. “You have this system that didn’t really have any slack in it, that has then not really been able to recover.”
But not everyone’s on board with the reforms. After the plan was initially leaked in British media in November, it drew backlash across the political divide. Conservative MP and Shadow Justice Minister Robert Jenrick described the proposed change as a “disgrace” that shreds an “ancient right.”
Trial by jury in the UK can be traced back to the Magna Carta in the 13th century, seen as the foundation of the modern justice system. As such, it is viewed by many as a fundamental right. A November 2025 YouGov poll found a majority of the general public – 54% – said they would prefer a jury to decide the verdict if they were accused of a