
The UK government is proposing one of the most significant reforms to the criminal justice system in decades: limiting jury trials for many less serious offences and replacing them with judge-only hearings in new “swift courts.” The plan would see cases likely to attract sentences of less than three years heard without juries, a move the government says is needed to tackle the acute backlog in the Crown Court and long‑standing delays in delivering justice. However, critics warn that, while framed as a simple efficiency measure, the reform risks eroding a cornerstone of English legal tradition and may do little to address the deeper causes of systemic delay.
Context: The Court Backlog Crisis
The criminal justice system in England and Wales is under unprecedented pressure. Recent reports indicate that the Crown Court backlog now exceeds 78,000 cases, with some trials listed as far ahead as 2030. This has been attributed to years of underfunding, reduced court capacity, pandemic-related disruptions, and inefficiencies in case management. Justice Secretary David Lammy has warned that, without reform, the backlog could reach 100,000 cases by the end of the decade.1
Against this backdrop, the government has revived proposals to significantly limit the use of juries for intermediate-level offences, aiming to accelerate verdicts and relieve pressure on the system.
The Proposal: “Swift Courts” and Judge-Only Trials
Under the government’s current proposals:
- A new tier of “swift courts” would hear cases likely to attract sentences of three years or less, with a single judge replacing the defendant’s current right to opt for a jury trial.2
- Jury trials would be reserved for only the most serious indictable offences, such as murder, rape, aggravated burglary, grievous bodily harm and other major crimes.3
- Magistrates’ courts would gain expanded sentencing powers for less serious cases, allowing them to deal with a greater share of offending and ease pressure on the Crown Court.4
The government presents these reforms as essential to reducing delays and restoring public confidence in a justice system burdened by heavy caseloads. Justice officials maintain that judge-only trials will be quicker than jury trials and will limit opportunities for defendants to “game the system” by strategically seeking Crown Court jury hearings.
Historical and Legal Significance of Jury Trials

Trial by jury is deeply embedded in the legal traditions of England and Wales. Its origins are often traced to Magna Carta (1215), which sought to ensure that no person could be deprived of liberty without the lawful judgment of their peers. Legal commentators and jurists have repeatedly stressed both the symbolic and substantive importance of jury trials; Lord Devlin famously described trial by jury as “the lamp that shows that freedom lives.”5
Juries are not merely procedural devices. They secure lay participation in the criminal process and operate as a democratic check on the state’s power to punish. Critics of the proposal contend that removing jury trials for a broad range of offences would risk undermining public confidence in the criminal justice system and weakening a mode of community involvement that helps sustain the legitimacy of verdicts.6
Arguments in Support of Limiting Jury Trials
Supporters of the reform emphasize several key points:
- Efficiency and Speed: The proposed “swift courts” are expected to resolve cases faster than traditional jury trials—reportedly by about 20%—because they remove the need for jury selection, instructions, and deliberation.7
- Backlog Reduction: By diverting less serious cases away from full jury trials, advocates contend that the Crown Court can direct its limited resources toward complex and serious matters that genuinely require a jury, helping to relieve pressure on existing backlogs.8
- International Comparisons: Proponents also reference other common law jurisdictions where non-jury trials are more prevalent, arguing that juryless systems can still yield fair outcomes when robust procedural safeguards are in place.
- Judicial Transparency: Judges are trained to provide written reasons for their decisions, unlike juries, whose verdicts generally lack formal explanations. This, some scholars argue, can make judge-led decisions more transparent and analytically rigorous.9
Criticisms and Concerns
Notwithstanding the government’s rationale, the proposals have drawn sustained criticism from legal professionals, opposition politicians, and civil liberties advocates:
- Undermining a Fundamental Right: Organisations such as the Law Society warn that the reforms risk eroding the fundamental right to be judged by a jury of one’s peers, a safeguard long seen as central to fairness in the criminal justice system.10
- Public Confidence: Critics argue that reducing jury involvement could undermine public trust, particularly for defendants who view lay participation as reassurance of impartiality and the reflection of community standards.11
- Backlog Misdiagnosed: Many legal commentators contend that the backlog is driven primarily by deeper systemic issues — including chronic underfunding, outdated infrastructure, staffing shortages, and procedural inefficiencies — rather than by the presence of juries. Without addressing these root causes, limiting jury trials may deliver only marginal gains.12
- Risk of Judicial Bias: Relying more heavily on judges, as legal professionals, could intensify concerns about unconscious bias in decision-making and reduce the diversity of perspectives that juries provide.13
Balancing Efficiency and Fairness
The debate highlights a longstanding tension in criminal justice: how to balance efficiency and fairness. Prolonged delays can impose serious emotional and practical costs on victims, defendants, and their families. Yet accelerating proceedings must not come at the expense of procedural safeguards that protect liberty and sustain public confidence.
Although jury trials are not the primary source of the backlog—they represent only a small fraction of criminal cases—their symbolic and participatory value is significant. Empirical research suggests that juries help align legal outcomes with community standards and strengthen perceptions of legitimacy. Reform efforts must therefore measure the practical gains of speed against the normative importance of lay participation in criminal adjudication.
Conclusion
The UK government’s proposals to significantly restrict jury trials for less serious offences and introduce judge-only “swift courts” reflect a genuine concern about an overburdened criminal justice system. Yet, although these reforms promise greater efficiency, they have provoked controversy precisely because they touch on a fundamental aspect of English legal identity.
Whether these reforms will reduce backlogs without undermining fairness and public confidence remains uncertain. What is clear, however, is that the debate has reopened critical questions about the purpose of jury trials, the role of the courts, and the values embedded in the administration of justice in England and Wales.
- https://www.itv.com/news/2025-12-02/how-will-no-jury-trials-work-in-england-and-wales ↩︎
- https://www.gov.uk/government/news/swift-and-fair-plan-to-get-justice-for-victims ↩︎
- https://www.itv.com/news/2025-12-02/how-will-no-jury-trials-work-in-england-and-wales ↩︎
- https://hansard.parliament.uk/commons/2025-12-02/debates/35A0DBE7-1ABC-44B5-A3EA-0B3BA8C2E488/CriminalCourtReform ↩︎
- https://www.brunel.ac.uk/news-and-events/news/articles/Jury-trials ↩︎
- https://www.theguardian.com/law/2025/dec/07/authoritarian-state-trial-by-jury-uk ↩︎
- https://www.gov.uk/government/news/swift-and-fair-plan-to-get-justice-for-victims ↩︎
- https://www.reuters.com/world/uk-justice-minister-plans-judge-only-courts-lower-level-cases-2025-12-02/ ↩︎
- https://www.theguardian.com/law/2025/dec/09/principled-reasons-to-cut-the-number-of-jury-trials ↩︎
- https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/government-proposals-erode-the-right-to-be-judged-by-our-own-peers ↩︎
- https://www.theguardian.com/law/2025/dec/07/authoritarian-state-trial-by-jury-uk ↩︎
- https://www.ft.com/content/d385e874-a0b0-468c-a4f8-aa721feae1f3 ↩︎
- https://www.theguardian.com/law/2025/dec/07/authoritarian-state-trial-by-jury-uk ↩︎





