Monday Message 01.12.25
Eroding our Right to Trial by Jury
“The right to trial by jury is an important factor in the delicate balance between the power of the state and the freedom of the individual. The further it is restricted, the greater the imbalance. Despite the inevitable increase in costs, the Haldane Society urges that there be a right of trial by jury in all criminal cases.”
Keir Starmer (Labour, now Prime Minister)
writing for the Socialist Lawyer magazine, 1992
“Dispensing with juries will damage our democracy”
David Lammy MP (Labour, then Shadow Secretary of State for Justice)
Writing in the Telegraph in June 2020
“Jury trials will always be a cornerstone of British justice. This Government will do whatever it takes to protect the fundamental right to fair trial….”
[However, what followed was a rather large “but…”]
Sarah Sackman MP (Labour, Minister fo Courts and Legal Services)
House of Commons Debate, 27/11/25
“MoJ plan to remove right to trial by jury for thousands of cases in controversial overhaul – would be a catastrophic mistake that and many others won’t support”
“@DavidLammy doing away with jury trials will make little difference to the backlog but it will make a world of difference to our democracy and our justice system. This utterly ridiculous idea needs putting in the bin fast.”
Karl Turner MP, (Labour)
X (Twitter) 20/11/25 and 30/11/25
The Criminal Bar Association has been working day and night making clear our opposition to the Government’s leaked memo promoting judge-alone trials. Over the last few weeks we have spearheaded a media campaign so that the public and the MPs who represent them, know of the issues at stake. We hope that you have considered the links that we circulated to just some of the key articles in the email sent last Thursday. Since then, there have been many more articles and reports published – in the press, online and in print, on radio, TV, and social media, about the Government’s intentions, and our clearly stated opposition. The vast majority of these reports have been in support of our position. against the Government’s intent. They are clear: yes to jury trials and no to judge-only trials, in whatever guise.
A former Secretary of State for Justice, Michael Gove, wrote firmly in favour of the right to jury trial and against judge-only trials in yesterday’s Sunday Times here.
A former Attorney General, Geoffrey Cox KC, wrote his view in Saturday’s The Sun here.
We are incredibly grateful to those past Chairs who have come forward to help, who signed our letter to the Times, and have given their own independent interviews and comments to the press. We thank all the CBA members who have been similarly vocal, and have stepped into interviews, decried the unfairness of these proposed judge-alone trials and supported the CBA and our stance.
But this is only the beginning, and we will need your continued support and patience in the coming weeks. Following the ‘leak’, the Government appeared to do a U-turn, and retractions were published. But now in another full 360-degree manoeuvre, there has been yet a further leak….
Something is Coming….
(🎵🎶🎼 Could be, who knows? There’s something due any day. We will know right away soon as it shows… [Leonard Bernstein])
Yesterday, in an article in the Sunday Telegraph (30th November 2025) it was stated:-
“Rape victims will be denied justice unless jury trials for most crimes are scrapped, David Lammy has claimed.”
We pause here to note the following comments from The Law Commission Report into Sexual Offence Prosecutions, published in July 2025 –
“We ultimately recommend the retention of juries in serious sexual offences prosecutions… […]. We do not consider that there is a sufficient evidence base to support removing juries …[…]. …. We are persuaded by the arguments about pursuing other options for reform before making any changes such as these to the jury system.”
The Sunday Telegraph article continues to say of Lammy that:-
“His comments come ahead of a Commons statement on Tuesday where he will set out the Government’s “once in a generation” plans to scrap the right to jury trial for defendants facing offences likely to result in prison sentences of under five years.
Only crimes likely to merit jail terms of more than five years – such as murder, rape, other serious and sexual offences, terrorism, manslaughter, grievous bodily harm and possession of firearms – will go before a jury.”
Although we have not yet seen the details of what the actual announcement will be, the article goes on to quote ‘Ministry of Justice sources’ as telling the Telegraph’s reporters that the Government ‘has no intention of watering down the plans’.
Something is coming, and it is coming as soon as this week. Possibly Tuesday, as the article suggests. It is becoming clear that that ‘something’ will involve a curtailment of the right to trial by jury that goes far further than Sir Brian Leveson had proposed, and likely involving Judge-only trials, rather than a bench of Judge and two magistrates, which Sir Brian suggested.
Of course, a change such as this will require primary legislation, and the focus will shift to Parliament itself as and when a draft bill is published. There was no mention of these proposals in Labour’s manifesto, and there is likely to be opposition in both the Commons and the Lords.
What can we do now?
- Please bear with us as we navigate the difficult week ahead. We need to remain calm and collected to see what the full package of Government’s measures actually entails, and how they suggest such profound changes to our criminal justice system can be implemented, and made to work.
- We hope that you have each individually taken us up on our request last week to write a personal letter to your MP to raise the issue, and invite them to attend their local Crown Court. If not, please do it now, today. It is essential that those in Parliament understand the issues, what is truly at stake, the daily reality of the criminal justice system, the fragility of its infrastructure, and the profound public consequences of any reform that diminishes access to justice.
- Later this week, if the Government’s plan is finally announced, and when we have a better understanding of what the package of proposals entails, it is likely that we will be asking you to write again, this time with a more formal letter. We shall be in touch with more detailed guidance in due course. Educating MPs across the party-political divide, so that they are well informed when a vote on legislation comes to Parliament, is one of the most effective steps we can collectively take.
The CBA Officers will be continuing to work with the Bar Council, Circuit Leaders, and others as a united front. We will also be meeting with the DPP, MoJ, and senior judiciary.
We are always stronger together.
Budget
(🎵🎶🎼 we “started out with nothing and [we] still got nothing left”. (The indomitable Seasick Steve.)]
Well – there is nothing to report.
We therefore await the Government’s coming announcement this week with interest.
Court Infrastructure
[🎵🎶🎼 “That don’t impress me much….” Shania Twain (a Canadian!!)]
As we are sure many will know, there is a law that pre-dates the invention of the smart phone, which prohibits the taking or publishing of photographs of the inside of a Crown Court building. The penalty for contravening s.41 of the Criminal Justice Act 1925 is a £50 fine.
Remembering the Lord Chancellor’s oath, which includes an affirmation to ensure that the courts are provided with sufficient resources for their efficient and effective support, we wonder what the optics would be for the Government and / or any law-enforcement agency who sought to prosecute individuals who published photos of the conditions we are working in to demonstrate the potential Health and Safety offences that are currently being committed in Crown buildings.
So, although we might receive many such images from our fearless members, we will not publish them here. Nor will we embarrass the specific courts and resident judges who work so hard in the same conditions we do. It is not their fault that their courts are falling apart.
But here are some descriptions – and as you read, imagine being a member of the public visiting these courts for the first time, perhaps a vulnerable complainant, or accused about to give evidence:-
- Windows broken, heating not working, and the court so cold that people, including the jury, have to wear their coats inside;
- Broken roofs, with missing tiles;
- A robing room with water pouring through an electric light fitting in the ceiling, a collection of three dirty bins and buckets crowded together on the already saturated carpet, trying and failing to catch the drips;
- Flooded toilets on multiple floors of a Court building, with the corridor to the robing room blocked by a flood of stinking, contaminated water;
- Damp carpets in public areas outside court rooms following rainfall;
- A windowless ladies lavatory shrouded in darkness with only one lightbulb working in a distant cubical;
- Ceilings in more than one part of more than one building cracking up and beginning to fall inward;
- Multiple ceiling tiles missing in the room allocated to complainant witnesses (ceiling tiles have acoustic properties – missing tiles mean that the sound can leak to other rooms);
- Electrics exposed above a lavatory, with signs of water ingress;
- Electricity cables hanging loose from the ceiling;
- Broken electrical sockets with exposed wires;
- A sign in a lavatory demonstrating that it has not been cleaned since March 2024;
- Another that according to the sign, and the smell, appears not to have been cleaned since 2020;
- Ripped carpets held together with black and yellow tape that is coming away, creating multiple trip hazards;
- Signs that date back to 2020, warning to take care about the transmission of coronavirus;
- A broken window, held together with masking tape;
- Broken window locks fastened with bits of a plastic bottle;
- Broken cupboards and lockers;
- Paint and plaster peeling on walls, plastic tablecloths held together with gaffer tape;
- Plants growing from crumbling exterior plasterwork;
- Leaking drains;
- Defunct advocate dining areas – dark as the lightbulbs have not all been replaced. With yet another bucket on the floor collecting dirty water that falls from the ceiling.
If you have not already done so, you may wish to read Catherine Baksi’s article in the Times about Inner London Crown Court here.
These conditions, rather than bringing to mind a modern progressive democracy, remind me of was when I was working in Romania in 1990, only a few months after the fall of Nicolae Ceaușescu. I am grateful that we have not yet resorted to the use of compressed newspaper and people’s handwritten letters as loo roll, but perhaps that day may be coming soon.
CBA Lecture – The History of Jury Trials – Monday 8th December 2025 at 18:00hrs
This sharp one-hour lecture delivered by Catherine Oborne of Garden Court Chambers is now, more than ever a must attend for all who care about the future of the criminal justice system, and the challenges we face now.
A link will be circulated to all members on the day.
Consultative Council of European Judges
The CCJE has adopted Opinion No.28 (2025) on the importance of judicial wellbeing for the delivery of justice. See report here.
Plainly, given what we have written above, many of the same principles apply to the wellbeing of the criminal bar!
Northern Pupillage Fair
Many thanks to everyone who attended and supported the Northern Pupillage Fair at Manchester Metropolitan University, and to the Northern and North Eastern circuit teams who were behind the organisation. There were more than 500 registered visitors and over 40 stands. Jaime Hamilton KC, Jason Pitter KC and HHJ Richard Marks KC, the Common Sergeant, all spoke about the advantages of practice on the circuits and many of the stars who have progressed from the circuits to the highest legal offices. There are still many hugely talented and enthusiastic future recruits who are committed to pursuing a career as criminal barristers. We wish them all success as they start preparing their applications for the next round of pupillage applications.
Robin Simpson KC 1927 – 2025
Robin Simpson KC was a distinguished criminal barrister and a valued member of ther Bar. Known for his sharp wit, sound judgement and warmth, he made a deep and lasting contribution to the Bar. We remember him with respect and extend our sympathies to his family.
A Tribute from Three Raymond Buildings.
A Remarkable Milestone at the Bar
Last week, Patricia May of 9BR Chambers quietly reached an extraordinary milestone: 60 years at the Bar.
To practise for six decades is an exceptional achievement in any field, but to do so within the demanding world of criminal law, and to remain in active practice today, is something truly rare. Patricia’s career has carried her through profound changes in our justice system, yet her dedication, professionalism and steadiness have remained constants throughout.
It would be easy for such a moment to pass unmarked, but it deserves recognition. Her long service stands as a testament to commitment, resilience and the enduring spirit of the Criminal Bar.
On behalf of the Criminal Bar Association, we extend our warmest congratulations and sincere admiration. Patricia’s achievement is outstanding, and an inspiration to all who follow in her footsteps.
Steven Kay KC, Head of 9BR Chambers described Pat as being a stalwart of the bar and said that at the Chambers party to celebrate this special event, Pat revealed that when she started her pupillage there were only 100 women at the bar and in those days she even had to experience resistance from Judges to females being in practice. Steven added, that Pat has been a trailblazer for women at the bar and she could look back not only upon a great career but to also being a great support to her female colleagues over the years.
Carol Service
HHJ John Dodd KC extends his invite once again to each of you, to attend Wood Green Crown Court’s Annual Carol Service on Wednesday 17th December.
And Finally….
Job in Tonga
The Kingdom of Tonga, in the South Pacific, is calling for expressions of interest from past or present members of the judiciary, or members of the legal profession with appropriate seniority and experience, who may seek employment as a Supreme Court Justice in the Kingdom of Tonga, effective 1st April 2026.
The full details of the advert can be found here.
Riel Karmy-Jones KC
Chair