Jury trials could be scrapped except in most serious cases

Justice Secretary David Lammy is proposing to massively restrict the ancient right to a jury trial by only guaranteeing it for defendants facing rape, murder, manslaughter or other cases passing a public interest test.

An internal government briefing, produced by the Ministry of Justice (MoJ) for all other Whitehall departments, confirms plans to create a new tier of jury-less courts in England and Wales.

The new courts would deal with most crimes currently considered by juries in Crown Court.

But the MoJ said no final decision had been taken by the government.

The document says Lammy wants to: "Introduce trial by judge alone for cases involving fraud and financial offences - if the judge considers the case to be suitably technical and lengthy. Exclusions for rape, murder, manslaughter and public interest."

The CCBD would be introduced "as a lower-tier of the Crown Court which hears cases likely to receive a sentence of up to five years by a judge alone", the document said.

This means that while jury trial would be guaranteed for murder, manslaughter and rape - almost all other defendants facing serious offences would be tried by a judge alone.

The document continues: "The reforms will improve timeliness in the Crown Court through extra hearing time... [and] not compromise the right to a fair trial - there is no right to a jury trial."

Lammy is said by officials to have begun the "write round" - Whitehall jargon for obtaining final cross-Cabinet and departmental sign-off before going public.

Assuming he gets that approval, an announcement would come in December, with legislation in the New Year.