Labour Scraps Judge-Only Trial Plan as Court Backlog Hits 80,000
Labour abandoned most of its plans to restrict jury trials in England and Wales on October 4, 2026. According to an October 3 statement, proposals for some criminal trials to be heard by a judge alone will be scrapped. UK Government Alex Norris was justice secretary on October 4. The Guardian
The proposal dated to December 2025. It would have removed the historic right to trial by jury for defendants in many less serious cases to tackle the court crisis. Reuters A jury trial means 12 members of the public decide guilt, with a judge guiding on law. Under the plan, jury trials would have been removed for crimes carrying a likely sentence of less than three years. BBC Reuters reported on October 3, 2026 that Britain would scrap those plans for less serious cases. Reuters
The reason given was delay. The Crown Court, which handles serious criminal cases in England and Wales, has a record backlog of 80,000 cases. BBC An earlier BBC report had put the figure at 78,000 cases waiting ahead of the reform announcement by then Deputy Prime Minister David Lammy. BBC The Ministry of Justice had warned that without action the backlog could reach more than 200,000 cases by 2035. BBC Almost all Crown Court trials are now heard by a judge and jury, according to the Courts and Tribunals Bill factsheet. UK Government In December 2025 the government had announced a 'Swift and fair' plan to modernise the criminal courts, cut delays and put victims first. UK Government
The plans were heavily criticised and were scrapped after backlash. Reuters Top barristers — specialist courtroom lawyers — and retired judges were among those who urged the government to drop its plan to end some jury trials. BBC Shadow justice secretary Nick Timothy described the U-turn as a major victory for defenders of trial by jury. The Guardian
The Conservative Party conference began on October 4, 2026. October 4 was also the final day of the Green Party conference in Brighton, where activists were expected to debate a 'Zionism is racism' motion. The Guardian The Conservatives won 24.4% of the GB vote at the last general election before October 2026.
The broader context here is a government caught between two pressures that do not ease together. On one side is an 80,000-case backlog and a Courts and Tribunals Bill that must still move through Parliament without its main time-saving measure. On the other is trial by jury, a principle with support across parties and the legal profession, shown by sustained opposition from barristers, retired judges and opposition frontbenchers. In my view, the question to watch is what replaces the three-year threshold to cut delays. Without judge-alone trials for lower-level cases, ministers will need savings elsewhere in procedure, capacity or funding, or accept that the path toward more than 200,000 cases by 2035 remains the test for its 'Swift and fair' promise. The conference season statements offer positioning, not a delivery plan.
