Bar Council supports court expansion but raises concerns over jury trial plans
The Bar Council has welcomed government plans to allow criminal courts to operate at maximum capacity but has raised concerns about proposals to restrict jury trials.
The announcement, made on 24 February 2026, confirms new investment in the criminal courts system aimed at increasing capacity and addressing delays. The move follows repeated calls from the Bar Council to remove the cap on the number of days courts can sit, which had previously limited operational capacity.
Chair of the Bar Council, Kirsty Brimelow KC, said the decision to enable courts to sit at full capacity is a positive development. She noted that lifting restrictions on sitting days would allow judges and court staff to plan more effectively and make better use of available court time.
The government’s investment is intended to help reduce the backlog of cases within the criminal courts, which currently stands at approximately 80,000. The Bar Council has consistently highlighted the need for increased court activity to address delays and improve the efficiency of the justice system.
However, Brimelow also pointed to longstanding challenges within the court estate. She said that years of underfunding have left courts dealing with significant infrastructure issues, alongside the growing number of unresolved cases. According to the Bar Council, these issues are closely linked and must be addressed together to ensure sustainable improvements.
While expressing support for efforts to reduce the backlog, the Bar Council has reiterated its opposition to proposed changes that would limit the use of jury trials. Brimelow stated that such measures could place additional strain on an already stretched workforce and divert resources away from reforms that could be implemented immediately.
She further warned that restricting the right to a jury trial could undermine a longstanding constitutional principle. In her view, the potential benefits of such changes are limited, while the risks to the justice system could be significant.
The Bar Council has urged the government to prioritise alternative measures, including improving efficiency within the courts, removing cases that no longer require prosecution, and investing in the day-to-day management of the system. These steps, it argues, would provide more immediate and effective relief to the current pressures.
The organisation has previously called for the removal of the sitting days cap, including in September 2024, when it said the restriction had reduced Crown Court capacity by 2%.
The latest announcement signals a shift in approach, with the government now moving to expand court operations. However, debate continues over how best to balance efficiency, resources and fundamental legal protections within the criminal justice system.