Bar Council paper warns proposed reforms may restrict jury trials and increase delays
The founder of Doughty Street Chambers, where Keir Starmer previously practised as a barrister, has warned that proposals to restrict jury trials risk weakening a central safeguard of the criminal justice system and may not reduce court delays.
Writing for the Bar Council, Geoffrey Robertson KC said elements of the government’s proposed reforms in the Courts and Tribunals Bill could prove “a cure worse than the disease”, arguing that limiting jury trials would not address the underlying causes of the criminal courts backlog.
His analysis was published during committee-stage scrutiny of the Bill, which proposes restricting jury trials in certain categories of cases as part of wider efforts to reduce delays across the justice system in England and Wales.
Robertson said trial by jury holds constitutional importance because it enables members of the public to decide serious criminal cases independently of the state. He wrote that juries can exercise discretion in circumstances where strict application of the law might otherwise lead to unjust outcomes and may serve as a safeguard in politically sensitive prosecutions.
He also warned the proposed framework could increase rather than reduce pressure on courts. According to his paper, judge-only trials would require detailed written rulings, and additional preliminary hearings could be needed to determine whether cases should proceed without juries.
Robertson further argued that some defendants could lose access to jury trials in cases classified as complex or lengthy. He suggested such changes would alter how certain prosecutions have traditionally been determined within the criminal justice system.
In his analysis, he stated that delays in criminal proceedings stem largely from investigative processes and case preparation rather than from the jury system itself. He said alternative reforms could help address the backlog without reducing the role of juries.
The Bar Council also expressed concern about the proposed changes. Its chair, Kirsty Brimelow KC, urged Members of Parliament to consider the implications of restricting jury trials as the legislation continues its passage through Parliament.
Robertson’s paper forms part of wider Bar Council engagement with the proposed reforms and highlights the constitutional role juries continue to play in the criminal justice system in England and Wales.