The Government has scrapped plans to dramatically expand the use of judge-only trials in the Crown Court following sustained opposition from lawyers, MPs and legal organisations.
Justice Secretary Alex Norris confirmed that ministers will remove proposals for a new Crown Court Bench Division which would have allowed certain cases carrying likely prison sentences of three years or less to be tried by a judge without a jury.
Norris said he had heard the “strength of feeling” over increasing judge-alone trials and had decided to “change course”.
The reversal marks a significant change from reforms introduced under the previous government led by Sir Keir Starmer and championed by former justice secretary David Lammy.
Plans for wider judge-only trials scrapped
The Courts and Tribunals Bill originally proposed creating a new Bench Division within the Crown Court.
Under the original plan, triable either-way cases expected to attract a custodial sentence of three years or less could have been heard by a judge sitting alone rather than by a jury.
The Ministry of Justice has now confirmed that this element will be removed from the reforms, meaning more serious criminal cases will continue to be heard before juries.
Norris said: “This government inherited criminal courts on the brink of collapse, with victims waiting years for their day in court. I remain committed to bringing down the backlog and delivering swifter justice for those who so desperately need it.”
He added: “But I have heard the strength of feeling on the proposals for increasing the number of judge-alone trials in the Crown Court and have made the decision to change course.”
Judge-only fraud trials will remain
The Government has not abandoned judge-only trials altogether.
Ministers still intend to allow suitably technical and lengthy fraud and financial cases to be heard by a judge without a jury.
The Ministry of Justice argues this could free jurors from the burden of particularly complex trials lasting many months.
It is therefore the proposed wider expansion of judge-alone Crown Court trials which has been abandoned, rather than every proposal for a criminal trial without a jury.
Defendants could still lose right to choose jury trial
Another controversial part of the reforms is also being retained.
The Government still intends to remove a defendant's right to elect Crown Court trial for triable either-way offences.
Instead, courts would have the final say over whether such cases should be dealt with in the magistrates' court or Crown Court.
Ministers also intend to press ahead with powers allowing magistrates to impose longer prison sentences, with legislation providing scope to extend sentencing powers to 18 months or potentially 24 months.
The Bar Council has welcomed the decision to retain juries for more Crown Court cases but warned that expanding magistrates' sentencing powers and removing defendants' ability to elect jury trial could create further problems elsewhere in the justice system.
Crown Court backlog hits record 80,829 cases
The changes come amid a record backlog in the criminal courts.
Official Ministry of Justice statistics show there were 80,829 open Crown Court cases at the end of June 2026, the highest figure in the current statistical series.
Of those, 23,706 had been open for a year or longer — also a series high.
The Government says structural reform remains necessary to bring the backlog down, but argues that abandoning the wider judge-only trial system will allow other changes to be implemented more quickly.
AI and virtual hearings among further reforms
Courts Minister Sarah Sackman KC said the Government would pursue other measures designed to improve efficiency.
These include using artificial intelligence to support court listing, expanding virtual hearings and taking steps to ensure defendants arrive at court on time.
The Government says millions of pounds will also be invested in court technology and additional resources for judges.
Bill returns to Commons on 13 October
The changes will be made to the Courts and Tribunals Bill when it returns to the House of Commons on 13 October.
The Government has also promised a statutory commitment to consider how the remaining structural reforms affect ethnic minorities and people from different backgrounds, with the work led by an independent reviewer.
Ministers are expected to publish their full response to both parts of Sir Brian Leveson's review of the criminal courts in the coming weeks.
Sources
- Ministry of Justice: Justice reforms to be rolled out faster as Justice Secretary sets out changes to Courts Bill — 4 October 2026
- Ministry of Justice: Courts and Tribunals Bill
- Ministry of Justice: Criminal court statistics, April to June 2026
- Reuters: Britain scraps plans to curb jury trials — 4 October 2026