David Lammy to unveil plans to tackle 'courts emergency' - but possible limits to jury trials spark concern

Radical measures to tackle the "courts emergency" will be unveiled by the government today - with speculation that jury trials could be limited to the most serious of crimes.

Deputy Prime Minister David Lammy will warn that long waiting times have "pushed the justice system to the brink of collapse" when he makes a statement to the Commons.

He says delays have led some victims to give up on the legal process or doubt action will be taken if they report a crime, meaning perpetrators aren't held to account.

Speaking to Mornings with Ridge and Frost, the justice secretary told Sky News: "If a woman is sadly raped in our country today, she will likely have her trial come on in 2028, maybe 2029. That's a long time for her to wait. Victims of rape are pulling out - 60% are pulling out of cases - witnesses fall away, and the trauma of waiting, is too hard."

The latest figures suggest there is now a record-breaking backlog of 78,000 crown court cases, meaning some trials are not due to begin until 2030. Some estimates indicate this could balloon to 100,000 within the next three years.

Pushed on how exactly he will tackle the backlog, Mr Lammy declined to give details, saying he will be "saying something about that later".

But he added: "There's a group of cases, they're called 'either way' cases. These are cases where you could be sentenced up to generally five years in prison, and some of those cases [can] either be dealt with by magistrates, or can they be dealt with in a new division within the crown court.

"That's what I'm looking at."

Mr Lammy also pointed out 90% of all cases are dealt with by magistrates, and of those 10% that make it to crown court, 7% "fall away" because people plead guilty.

"That then leaves 3%," Mr Lammy said. "The question in front of us today is if you steal an iPhone from Currys later on, should you be able to opt for a jury trial?"

What could be announced?

Over the summer, a former senior judge outlined his recommendations for overhauling the justice system.

Sir Brian Leveson has proposed diverting more offences to magistrates' courts - and restricting juries to "indictable-only" cases involving murder, rape, and manslaughter.

This could also extend to serious and complex fraud allegations, with judges given greater control over how cases should be handled.

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Mr Lammy has rejected claims that he is planning to scrap jury trials - and instead says he wants to "save" the system.

It follows a leak from the Ministry of Justice, which suggested he was considering scrapping trial by jury for all cases except for murder, manslaughter and rape.

Asked on Tuesday morning about the leak, Mr Lammy told Sky News that it was "regrettable" and "unfortunate", but did not deny it had been carried out to test public opinion, only saying he didn't "know why memos were leaked".

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Challenged on why Mr Lammy has decided to water down his original proposals, he responded: "There is a process by which you discuss with Cabinet colleagues what you might be looking at.

"They give feedback, you make a judgement, and on that basis, you reach a judgement."

But Mr Lammy's new proposals are also facing opposition from MPs and legal professionals - with the Law Society of England and Wales describing them as an "extreme measure" that may do little to eliminate the backlog of cases.

Shadow justice secretary Robert Jenrick claims Labour have exacerbated the problem and accused Mr Lammy of abandoning his principles.

He said: "This year alone, 21,000 court sitting days have been missed, and the court backlog is up 10% on their watch.

"Instead of depriving British citizens of ancient liberties, David Lammy should get his own department in order."

Ministry of Justice figures suggest close to half of cases in the backlog relate to violent and sexual offences, and only about 3% of criminal cases are currently heard by a jury.

'Not a silver bullet'

Mr Lammy is also set to announce that £550m will be given to victim support services over the next three years to help survivors and witnesses going through the justice process.

Incoming victims' commissioner Claire Waxman has welcomed the additional funding as a "necessary step" but warned: "The sums pledged are not a silver bullet for the wider crisis facing the sector."

Other measures are set to include additional sitting days in crown courts, and a match-fund scheme to support young people beginning careers as criminal barristers.

The Magistrates' Association's chief executive Tom Franklin said measures that speed up justice for victims, witnesses, and defendants are "worth considering - as long as they balance efficiency with quality of justice".

(c) Sky News 2025: David Lammy to unveil plans to tackle 'courts emergency' - but possible limits to jury