Bar leaders’ statement on government’s response to Leveson’s Review of Criminal Courts

We fundamentally disagree with the government's plan to restrict the deeply entrenched constitutional principle of a jury trial.

The government faces two problems: bearing on the backlog and ensuring we're never in this position again. We support efforts to do that but have seen no evidence that curtailing jury trials will solve either problem.

We do not see how restricting jury trials will have an impact on the existing backlog. The government itself acknowledged on numerous occasions this week that this proposal will not make a difference any time soon. It hinges on Sir Brian Leveson's recommendation which has not been piloted or thoroughly modelled.

Crown Courts such as Liverpool have shown that efficiencies and investment of time and resources do make a difference. In Wales, there's no meaningful backlog due to close and effective co-operation between the Bench and Bar. All the efficiencies we suggested in January - including different case management and defendant delivery time, that have also been recommended by Sir Brian Leveson - do not require legislation. We know they work and would have an impact now.

Resources need to be focused on rebuilding the system and allowing other measures to embed.

Criminal trials being decided by a single judge goes further than the recommendation by Sir Brian which recognised the importance of judgement by peers. The Lord Chancellor's own 2017 report made plain that juries are free from bias and provide diversity.

This draconian approach undermines such a well-founded sentiment and attacks a constitutional freedom namely, trial by jury.

Barbara Mills KC, Chair of the Bar Council
Kirsty Brimelow KC, Vice Chair of the Bar Council
Riel Karmy-Jones KC, Chair of the Criminal Bar Association
Andrew Thomas KC, Vice Chair of the Criminal Bar Association
Claire Davies KC, Leader of the South Eastern Circuit
Jaime Hamilton KC, Leader of the Northern Circuit
Sarah Jones KC, Leader of the Western Circuit
Jason Pitter KC, Leader of the North Eastern Circuit
Caroline Rees KC, Leader of the Wales and Chester Circuit
Harpreet Sandhu KC, Leader of the Midland Circuit
Lachlan Stewart, Chair of the Bar Council Young Barristers' Committee

Read more about how the Bar Council is responding to Leveson's Independent Review of Criminal Courts

Related resources