How Labour MPs Are Being Told To Defend Jury Trials Being Scaled Back
3 min read
Labour MPs are being told to defend the government decision to scale back juries by pointing to Canada as an example of a jurisdiction where judge-only trials are normal.
Labour backbenchers are also advised to say "we cannot simply spend our way out of this emergency", and that some criminals will be "at home with their families" this Christmas when "victims are waiting for years for justice" due to delays in the court system caused by the Conservatives, according to a briefing note prepared for MPs by the party and seen by PoliticsHome.
Earlier this week, Secretary of State for Justice David Lammy said reducing the use of jury trials was a "bold" but "necessary" step that will allow the state to deal with cases more quickly.
In a bid to tackle the nationwide court backlog, which currently stands at around 80,000 cases in the Crown Court, the Labour government is bringing forward plans to scrap jury trials for crimes carrying a likely sentence of three years or less. More extreme offences such as rape and murder will still be put before a jury.
The move has triggered strong opposition from rival parties, but some Labour MPs are opposed to the move, too.
Karl Turner, Labour MP for Kingston upon Hull East, has publicly condemned the proposal in strong terms.
Writing for The House this week, he described the plan as "appalling", and warned that "many more" Labour backbenchers would join him in defying the government if they were put to a House of Commons vote. The Labour MP argued that reducing the use of juries would not reduce the court backlog, and risks "undermining" Lammy's legacy.
The briefing note sent to Labour MPs this week sets out several rebuttals for them to use in response to criticism of the government decision.
Looking overseas, one of the suggested rebuttals says: "Only 3 per cent of criminal cases are currently heard by a judge and jury. And under our reforms, almost three-quarters of them will continue to be heard by a jury.
"Judge-only trials are the norm in Canada, a common-law jurisdiction based off our own. No one thinks that justice isn’t being handed down fairly in Canada."
Another tells Labour MPs what to say if asked whether Lammy has changed his mind since making the case for juries in a 2017 report.
"When the facts change, the DPM (Deputy Prime Minister) will change his mind. The world of 2017 is not the world of 2025, and the delays to trials we are seeing today are totally unacceptable. We cannot leave victims in limbo, waiting years for justice to be done."
The note also seeks to assuage concerns that reducing the use of juries will lead to worse outcomes for Black defendants.
"Data shows that conviction rates are broadly similar regardless of ethnicity in the magistrates’ or Crown Court, suggesting that all modes of trial across our courts are delivering fair outcomes," it says, adding that the judiciary is "also now more representative than 10 years ago".
In a list of attacks to use against the Conservatives, Labour MPs are advised to accuse shadow justice secretary Robert Jenrick of "seemingly spending far too much time binge-watching American court TV dramas rather than getting his facts straight".
Another suggested attack on Kemi Badenoch's party says: "The Tories created a system where criminals are planning next Christmas and the Christmas after that at home with their families when victims are waiting for years for justice. Unable to heal. Unable to move on."
