The Bar Council says a proposed judge-led system could create more appeals and delays
The Bar Council has urged the government not to restrict jury trials, warning that proposals to give judges greater control over which cases are heard by juries could create further delays and undermine public confidence in justice.
The Bar Council issued its warning on 11 September 2026 after reports that the government is considering changes to the criminal justice system. Under the reported proposal, a panel of judges would decide on a case-by-case basis whether trials for certain “either-way” offences should be heard by a jury or by a judge.
Currently, defendants facing either-way offences can opt to have their case heard in either a magistrates’ court or the Crown Court.
The Bar Council reiterated its opposition to any restriction of jury trials. Its chair, Kirsty Brimelow KC, said that while it was encouraging that the government was considering ways to avoid further reductions in the use of juries, it should not pursue other measures that would restrict jury trials.
Brimelow warned that creating a panel of judges and a new court could lead to more appeals and delays, while also questioning where the additional judges required for such a system would come from. She said the Bar Council saw little practical benefit in changing the existing approach and believed there were risks to public confidence and trust in justice.
The Bar Council also referred to findings from the second part of Jonathan Fisher KC’s review of fraud in the digital age, published in July. Fisher concluded that jury trials were not a barrier to the investigation and prosecution of fraud and warned against proposals to restrict jury trials in fraud cases and other serious offences.
The Bar Council said it agreed with Fisher’s view that juries act as a constitutional safeguard. It also said that preserving jury trials for the most serious and complex cases should include fraud.
Fisher’s analysis did not establish that trials before a single judge would be more efficient, according to the Bar Council. The organisation therefore maintained its opposition to restricting jury trials.
The issue had also been raised in July, when Prime Minister Andy Burnham said he had concerns about the proposal to restrict jury trials contained in the Courts and Tribunals Bill and wanted to examine it in detail.
The Bar Council’s latest position is that investment in the courts and opening courts to deal with cases can reduce backlogs, rather than restricting access to jury trials.