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On 2 December 2025, Deputy Prime Minister and Justice Secretary David Lammy announced a number of proposed reforms (the "Reforms") aimed at modernising the criminal courts in response to Part I of Sir Brian Leveson's Independent Review of Criminal Courts published on 8 July 2025 (the "Report"). The Report identified a "crisis" in criminal justice, with Crown Court backlogs of over 75,000 cases in December 2024 and trials listed as far in advance as five years. For more information on the Report, see our dedicated briefing. Lammy described the Reforms as a "bold blueprint for a modern justice system" comprising necessary measures to tackle the backlog and streamline the criminal justice process.
The Reforms
- Judge-Only Trials for Complex Fraud: Likely of most interest to readers of this blog, complex and serious fraud and financial offences will be heard by a judge alone. The main aim is to avoid burdening jurors with very lengthy and technical offences that may be dealt with more efficiently by an expert judge.
- Swift Courts: Cases with likely sentences of three years or less will be heard by a judge alone, reducing trial time by an estimated 20%. This proposed change differs from the recommendations of the Report, which reserved a judge-only model for complex serious fraud or when selected by a Crown Court defendant. The Report's main recommendation, which has not been adopted, was a new Crown Court division where a judge sits alongside two magistrates for either way offences, which would have retained an element of lay participation.
- Court Power to Decide Venue: Defendants will no longer be able to elect to be tried by a jury in the Crown Court for either way offences.
- Expanded Magistrates' Powers: Magistrates will have the power to impose sentences of up to 18 months, with potential to increase to two years if necessary.
- Guaranteed Jury Trials for Serious Offences: Crimes such as murder, rape, aggravated burglary, and serious drug offences will remain for trial by jury.
The Reforms are accompanied by significant investment, including increased funding to allow more Crown Court sitting days next year.
Commentary
The radical Reforms have not been uncontroversial. The Law Society of England and Wales Vice President Brett Dixon warned that the Reforms "go too far in eroding our fundamental right to be judged by a jury of our own peers", noting that the government's approach goes unjustifiably beyond the Report's proposals, which were already an "uncomfortable compromise".
Similarly, Bar Council Chair Barbara Mills KC cautioned that the Reforms "compromise public trust and confidence" and urged the government to avoid assuming "radical equals effective," while welcoming the increased financial investment and additional sitting days.
Timing
Legislation to implement the Reforms has not yet been introduced and full implementation will require parliamentary approval, such that we may be several years away from the proposed changes being enacted.
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