Jury Trials to be Scrapped to Clear Court Backlogs: Is This Fair to the Defendant?

Excruciating waits for suspects and defendants is evident in almost all criminal cases that are being investigated or prosecuted at the moment. The police, court system and prison system is over ran and understaffed and it is having a truly devastating affect on the administration of justice for all involved; the defendant, complainant, and witnesses. The announcement of a once-in-a-generation review of the criminal courts, made today by the Lord Chancellor, has been met with cautious optimism

At this present time figures show that cases waiting to be dealt with by Crown Courts in England & Wales stood at

73,105 as of the end of September 2024 - a new record high.

A review, conducted by former High Court Judge Sir Brian Leveson, of the backlogs and the impact it is having on the criminal justice process has led to consideration being given to the introduction of 'intermediate courts'. Intermediate Courts which will see trials in the Crown Court take place without a jury, with the aim being that this process will help speed up clearing the backlog of cases, and will see the courts back up and running to a sufficient and manageable standard. The proposal seems to suggest that a case which falls subject to this mode of trial would be heard by a Crown Court judge and two lay Magistrates. Additionally, there will be a focus on empowering magistrates to handle more serious cases, potentially freeing up Crown Court resources.

The cases which are likely to fall subject to the 'intermediate courts' are those that are deemed too serious for the Magistrates Court but deemed not serious enough for a Crown Court jury trial. This could include; low level indecent image cases, sexual assaults, domestic violence and sexual communication offences.

However, from a defence lawyers view, the implementation of such a process could lead to unfairness and could be disadvantageous to the accused, which could lead to more appeal applications being lodged, causing further backlogs for the Court of Appeal.

How Will Intermediate Courts Affect a Defendant?

The introduction of Crown Court hearings without a jury is for many going to be a frightening thought, and will take away the choice of being tried by a jury that defendants charged with either-way offences have.

Where a suspect is charged with an offence it will fall into one of three categories:

Summary Only

A summary only offence is a criminal offence that can be heard only by the Magistrates Court and is deemed a less serious offence.

Indictable Only

Indictable only offences can be heard only in the Crown Court, these offences are of the most serious and include Rape, murder, and assault by penetration.

and;

Either Way

An either-way offence can be heard by the Magistrates Court or the Crown Court. Where a Magistrates Court accepts an either-way offence the defendant then has the opportunity to elect the Crown Court should they wish to do so. The main reason a defendant would be advised to elect the Crown Court is to have a trial by jury, to be tried by 12 ordinary members of the public and this is a very attractive mode of trial for many.

A trial in the Crown Court provides the judge and the jury with two different functions, the judge oversees the law and the procedure, whereby the jury is the finder of the facts, their role is to hear the evidence and decide what they believe. If a trial is to be put before a judge and magistrates, are the Magistrates to take over the role of the jury, and if so, is this going to lead to a fair trial.

How Would Changes Work?

The review and proposals are in their very early stages and there will be no development of them until April 2025 at least. However, for the new system to be implemented and to work efficiently ensuring fairness to the accused, there are going to have to be changes throughout the whole system; including the reclassification of offences and clear guidance as to the function and powers of each role within the judiciary and also whether the appeal process would remain the same.

Whilst we would agree it is in the interests of those who are involved in the criminal justice system for reform, it does have the potential to cause more problems that it solves.

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What To Expect At A Pre-Trial Review

By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.