Thursday briefing: What could the government’s proposals to scrap jury trials mean for democracy?
Good morning. Yesterday, Rachel Reeves finally delivered her long-trailed budget aimed at plugging a £20bn financial hole in government finances. The single biggest tax raising measure was a three-year freeze on income tax and national insurance thresholds, slightly longer than expected, to draw more people into a higher tax band. Head here for a full breakdown, here to figure out how you will be impacted, and make sure you read our expert panel’s take on if Reeves’s measures all add up. But amid the budget buzz, today’s newsletter is about another massive issue facing our cash-strapped government. It’s been a cornerstone of British democracy since the 13th century and is even included in the Magna Carta, and yet, this government could soon come close to scrapping the right to trial by jury. A leaked internal government briefing shows that justice secretary David Lammy is proposing to massively restrict this ancient right. The document confirms plans to create a new tier of courts in England and Wales, removing guarantees to a jury trial for all except those accused of the most serious crimes, such as rape, murder, manslaughter or other cases in the public interest. Lammy’s proposals have drawn a furious backlash from senior lawyers who warned they could “destroy justice as we know it.” So will they deal with the backlog, or just make matters worse? And where did these proposals come from? For today’s newsletter, I asked Rajeev Syal, the Guardian’s home affairs editor those questions. First, here are the headlines. Five big stories Budget | Rachel Reeves targeted Britain’s wealthiest households with a £26bn tax-raising budget to fund scrapping the two-child benefit policy and cutting energy bills. UK politics | Keir Starmer has called on Nigel Farage to apologise to his school contemporaries who claim the Reform leader racially abused them while at Dulwich College. Hong Kong | The death toll from a huge fire that engulfed several residential tower blocks in Hong Kong has risen to 44, with 45 in critical condition and hundreds reported missing. Ukraine | The European Commission president has warned against “the unilateral carving up of a sovereign European nation” as Europe scrambles to assert influence over the US’s attempt to end the war in Ukraine. UK news | On what was due to be the first day of a four-week trial, Paul Doyle unexpectedly changed his plea to guilty, after being charged with injuring 29 people at a Liverpool FC celebration parade in May. In depth: ‘Teetering on the verge of collapse’
Plans to cut jury trials have been widely trailed and Shabana Mahood, Lammy’s predecessor, declared “from day one” that the “criminal justice system was on the verge of collapse” and would need radical reform. This is down to mounting concern within government that a record backlog in the crown courts, at almost 80,000 cases, shows no sign of dropping. In practice, this means suspects charged with serious crimes today might not have a trial until 2029 or 2030. One barrister told Rajeev Syal of an alleged rapist who had been bailed until 2030. It was this backlog that resulted in Sir Brian Leveson recommending the government end jury trials for less serious offences in July, which he said he did with “a heavy heart”. His proposals following an independent review included taking thousands of trials in England and Wales away from the jury system, to be heard instead by judges and magistrates, for defendants facing sentences of up to three years. But despite Lammy previously defending jury trials when they were under threat during the Covid pandemic, his leaked plans go even further than Leveson’s – suggesting that judges alone will preside over trials for offences meriting prison sentences of up to five years, removing the magistrate element suggested by Leveson in July. No final decision on Lammy’s controversial proposals has been taken by the government. But the proposals had been circulated throughout Whitehall in preparation for an announcement in the new year, sources have told Rajeev. Critics argue that the move will destroy a criminal justice system that has been a source of pride for centuries. “That’s where we are right now,” said Rajeev, who believes there is “no doubt” the government is determined to cut jury trials. “It can’t see another way through, and the Conservatives aren’t actually coming up with alternative plan,” he says. *** How did we get to this point? The background to all of this is a wider crisis in the criminal justice system, a lot of which relates to 15 years worth of cuts. The justice system is in crisis from overcrowded prisons, which are at 97.5% capacity, to a probation service struggling to recruit. A recent independent review by a former prisons watchdog, commissioned by Shabana Mahmood when she was justice secretary, found the criminal justice system in England and Wales was within days of collapse on three occasions before being bailed out by “last-minute emergency measures”. The entire system is “teetering on the verge of seizing up and failing to operate,” said Rajeev. “Last year, with jails being full, we had the possibility that we couldn’t send any more people to prison,” he said. Lammy “wants to be more radical about the kind of cases that will still face juries and cut out even more cases that Leveson flags up”, said Rajeev. “That’s been the shock and the surprise and the Conservatives and others are now kind of trying to turn it into a major political issue”. *** In what circumstances does a defendant currently have a jury trial? Historically, only defendants facing minor offences in a magistrates court, such as minor motoring offence or minor criminal damage, have been denied the right to a jury trial. But a so-called “either way’ offence, which includes theft, fraud, possession of drugs, dangerous driving, and assault, can either be heard in a magistrate or crown court. Criminal trials with juries of 12 members, drawn from the public and asked to decide whether someone is guilty beyond reasonable doubt, are standard in England and Wales’s 70-plus crown courts, which hear the most serious cases. In 2014, only 8% of these on trial for an “either way” offence elected for a jury trial. By 2022, this had more than doubled. Sarah Sackman, the courts minister, told the Guardian last week fewer jury trials were necessary to stop criminals “gaming the system” by opting for jury trials in order to increase the chances of a trial collapsing. Drug dealers and career criminals were “laughing in the dock” knowing cases can take years to come to trial, Sackman said. *** Are the proposals more likely to see miscarriages of justice? Reformers and charities have warned that taking away the right to a jury trial for more offences would disadvantage people of colour and other minorities and lead to more miscarriages of justice. Those campaigners argue that, while juries are far from perfect, they are a vital safeguard amid a background where ethnic minorities currently make up around 18% of the general population in England and Wales, but just 12% of the judges, with the representation of black judges remaining unchanged at 1% for a decade. Another question for the government in the coming weeks and months will be whether these radical plans could actually save the justice system from collapse. The Labour peer and legal expert Helena Kennedy has called the plans a mistake: “The reason that the system is on its knees is because of the ridiculous ways in which we have underfunded the justice system because it’s not seen as important enough,” she said. Rajeev predicts we’ve not seen the last of the row. “I think there will inevitably be, over the next couple of days, concerns that the government is going to be forcing minorities into a position where they are going to be heard by judges that are still only 12% BAME (Black, Asian and minority ethnic),” he said. “And that will mean, inevitably that there will be more miscarriages of justice.” What else we’ve been reading
Leyland Cecco reports from Toronto on the fate of 30 captive beluga whales in a shuttered Canadian amusement park, and what it tells us about the ethics of keeping these beautiful animals in captivity at all. Martin It’s Christmas party season – allow Zoe Williams to greet you at her door with this luxury platter of bite-size advice on how to be a good host, how to be a good guest, how to dress (“if there’s any kind of theme, take it seriously”) and more. Charlie Lindlar, newsletters team Ahead of the pair meeting again in the Europa League in Rotterdam this evening, Ewan Murray looks back at the 1970 European Cup final between Feyenoord and Celtic, describing it as “a sliding doors moment”. Martin Leah Harper’s piece on the death of the living room – and how everything from bedrooms to kitchens to, allegedly, stairwells – are the new social spaces of our homes, is equal parts fascinating and terrifying. Charlie Johana Kasalicka returned to her home town, Prague, for this i-D magazine street photo essay profiling 11 young people she says embody “new liberal attitudes, emerging openness and fresh artistic energy” in the city. Martin Sport
Football | Arsenal recovered from a nervous start to outplay Bayern Munich and win 3-1 to go top in the Champions League group phase. Arne Slot said he still had the support of the Liverpool hierarchy after their 4-1 Champions League defeat by PSV Eindhoven. Tottenham show more spirit than in miserable derby defeats but European champions are too hot for Tottenham to handle. Rugby union | Manu Tuilagi has refused to rule out playing for Samoa at the 2027 Rugby World Cup, leaving open the possibility of him facing Steve Borthwick’s England in Australia. Formula One | Adrian Newey, regarded as one of the best engineers in F1 history, will become Aston Martin team principal next season. Newey committed his long-term future to the team in September 2024 after his departure from Red Bull sparked a bidding war for the Brtion’s services. The front pages
“‘I am asking everyone to make a contribution’” is the splash on the Guardian today. “High welfare, high tax,” says the Times, “The benefits street budget,” has the Sun, while the Telegraph runs with: “A red box of broken promises.” “Spiteful raids on strivers - to lavish billions on Benefits St,” is the splash over at the Daily Mail. “Spend now, pay later: £26bn in tax rises to boost benefits and tackle UK black hole,” is the top headline at the i. “Budget with a Labour heart,” writes the Mirror, while the Express opts for: “A budget for benefit street paid for by working people. Finally the FT has “Reeves Budget smashes tax records,” and the Star: “How The Rach Stole Christmas.” Today in Focus
Mansions, milkshakes and the minimum wage: Labour’s 2025 budget After so much buildup, Rachel Reeves has finally unveiled her budget, but will it be enough to turn things around for the government? Our economics editor, Heather Stewart, reports. Cartoon of the day | Ben Jennings
The Upside A bit of good news to remind you that the world’s not all bad
To purists it may seem sacrilege, but a 2,000-year-old Roman amphitheatre will be made fully accessible for people with disabilities before the Milano-Cortina Winter Paralympics. Milano-Cortina 2026 chief executive, Andrea Varnier, said “The decision to stage the opening ceremony in the Arena di Verona is not just an aesthetic one … it was also an idea to make the arena accessible, and not only the arena itself, but the entire route from the railway station to the venue.” He said the refurbishment is central to the Games’ legacy, alongside expanding accessible public transport in the region and funding education and training in winter para-sports. Sign up here for a weekly roundup of The Upside, sent to you every Sunday Bored at work? And finally, the Guardian’s puzzles are here to keep you entertained throughout the day. Until tomorrow. Martin Belam’s Thursday news quiz Quick crossword Cryptic crossword Wordiply