'Removing some juries will undermine our justice system' - West Midlands Police and Crime Commissioner slams plans aiming to reduce court backlog

Labour's Simon Foster said the move will “undermine” the justice system and added that jury trials were not the reason for the problem of crown court backlogs.

He was responding to Justice Secretary David Lammy's plans to scrap those trials for cases which would carry a sentence of less than three years in custody to be heard in so-called “swift courts” in England and Wales.

Mr Foster told a meeting of his Accountability and Governance Board: “The rights and welfare of victims and witnesses must always be at the forefront of the criminal justice system and offenders must always be brought to justice. However, I disagree with the proposed restriction on the right to elect for jury trials.

“It will undermine what is a fundamental bedrock of not only our justice system, not only our democracy – but also our rights and freedoms – dating back many years – some would say over 800 years – to 1215 and Magna Carta.

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“Juries enable citizens to participate in the administration of criminal justice. They can improve wider trust and confidence in the justice system. They are deeply embedded in the public’s consciousness. A juries’ purpose is widely understood. It is an essential part of the checks and balances, as between the state and the individual.”

He added: “I suspect that if anyone of us in this room were facing a career or life changing allegation each and every one of us, if we had the choice, would elect for trial by jury. In those circumstances, we would place our trust in our fellow citizens. Trial by jury has stood the test of time.

“A variety of factors have been identified as causes of court backlogs and they include lack of investment, failure to adequately fund judicial sitting days, inefficiencies, failing to deliver defendants to court, interpreters failing to attend, inadequate technology, the poor condition of court buildings, a shortage of judges, court staff and lawyers, failing to notify witnesses, ineffective trials,  the increasing complexity of cases, Covid-19 and industrial action by lawyers.

“However, jury trials are not a cause of court back-logs. There is no evidence that restricting access will reduce court backlogs. Nor has it been set out how an alternative system would be resourced.”

He said that successive governments had “shamefully failed to invest in our criminal justice system” and said it had also been underfunded for 15 years.

 “According to the IFS (Institute for Fiscal Studies) Ministry of Justice funding is 14 per cent lower in real terms – day to day spending – than in 2007/08 and 24 per cent lower – in person terms – and strikingly, real terms day to day justice spending in 2025/26 is set to be no higher – than it was in 2002/03. Almost a quarter of a century earlier.

“There are alternatives – to ensure justice for victims, witnesses and defendants. “We must believe in, value and invest in our criminal justice system.”

He said alternatives included:

*Lifting the cap on funding for judicial sitting days so that trials can proceed whenever and wherever required

*Priority Listing for Rape and Sexual offences trials

*Repairing court buildings and improving IT 

*Increased use of out of court resolutions and better rehabilitation

*Encouraging early guilty pleas

*Get a grip on contracts for delivering defendants to court

*Recruitment and appointment of judges and lawyers

*Investment in prevention services - drug and alcohol, mental health and youth services