Bar Council says investment, not fewer jury trials, is the answer to court delays
Bar Council Jury Trials have returned to the centre of the justice debate after Chair Kirsty Brimelow KC welcomed reports that Prime Minister Andy Burnham is expected to abandon government proposals to reduce the use of jury trials in England and Wales. The Bar Council said the reported change would provide an opportunity to focus on reforms that address court delays without altering a longstanding constitutional safeguard.
The proposals to restrict jury trials formed part of the government’s wider programme to tackle the Crown Court backlog. Ministers had argued that limiting jury trials for certain offences would help reduce delays and improve efficiency across the criminal justice system. However, the plans attracted sustained opposition from legal organisations, including the Bar Council, which has consistently maintained that the reforms would deliver little benefit while creating new pressures elsewhere in the courts.
Responding to reports that the proposals may now be withdrawn, Brimelow said the Bar Council had repeatedly urged ministers to abandon restrictions on jury trials and instead pursue measures that have already demonstrated an ability to reduce waiting times. She said evidence shows that opening additional courtrooms, increasing court sitting capacity and improving case management are more effective ways of reducing delays than changing the structure of criminal trials.
The Bar Council has argued throughout the debate that jury trials are not responsible for the backlog in the Crown Court. Instead, it has pointed to years of underinvestment, shortages of criminal barristers, ageing court infrastructure, delays in prisoner transport and operational inefficiencies as the principal causes of long waiting times. According to the organisation, addressing these issues would produce more meaningful improvements to the justice system while preserving defendants’ long-established right to trial by jury.
Brimelow also reiterated the Bar Council’s call for greater investment in criminal legal aid. The representative body has repeatedly warned that inadequate funding is driving barristers away from publicly funded criminal work, increasing the risk of adjournments and further delaying cases. It has argued that delivering previously announced legal aid funding, alongside investment in courts and staffing, would have a more immediate impact on reducing backlogs.
The Bar Council has additionally advocated for specialist sexual offences and domestic abuse courts, saying targeted listing of vulnerable witness cases has already shown positive results in reducing waiting times. It believes expanding proven reforms would strengthen the justice system without reducing the role of juries in criminal proceedings.
Reports that Burnham intends to remove the jury trial provisions from the legislation have been welcomed by legal professionals who opposed the reforms. The Bar Council said it hopes the government will now redirect its attention towards practical changes that improve efficiency while maintaining public confidence in the criminal justice system.
The organisation has maintained throughout its campaign that reducing jury trials carries constitutional implications and should not be viewed as the solution to court delays. Instead, it continues to press for sustained investment, improved court operations and long-term support for the criminal Bar as the most effective route to tackling the backlog facing England and Wales’ courts.