Defendants who will likely get a sentence of three years or less will no longer get a jury trial, the justice secretary has announced.
In response to a mounting crown court backlog, David Lammy, who is also deputy prime minister, said defendants will no longer be able to choose a jury trial.
The most serious cases, such as for rape, murder and manslaughter, will still be heard by a jury.
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A new “bench division” of the crown court system, called “swift courts” will be created, where a judge – with no jury – will hear either-way offences that will likely have a sentence of three years or more.
Those offences, such as theft, fraud and assault , can currently be heard by a magistrate or in a crown court where they can elect for a jury trial.
The judge-only process is estimated to take 20% less time than a jury trial and will mean criminals can no longer “game the system and torment their victims”, Mr Lammy said.
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Particularly technical and lengthy fraud and financial offences will also not have juries.
Magistrates will be given increased powers to sentence criminals to 18 months, from a current 12 months, and this could be extended to 24 months, if necessary.
When it comes to appeals, a defendant will have to meet a permission test based solely on the law instead of the current automatic right of appeal.
Mr Lammy, announcing the changes in the Commons, said the reforms are “bold” and jury trials will “continue to be the cornerstone of the system for the most serious offences”.
The reforms have been announced following a report into the court system by retired senior judge Sir Brian Leveson into how to deal with the growing courts backlog, which can see rape victims wait 10 years for their case to go to trial.
The changes are closely aligned to Sir Brian’s recommendations, which Mr Lammy described as a “bold blueprint for change”.
He said the reforms were “desperately needed” as victims are facing “agonising delays”, with the crown court backlog projected to reach 100,000 by 2028.
The justice secretary said it “will take years to fix” and because the changes will require legislation, “it will take time to implement.
A £550 million investment in specialist services to provide practical and emotional support to victims and witnesses was also announced.
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A leaked memo last week said Mr Lammy was considering not allowing jury trials for defendants likely to get a sentence of five years or more.
Hours before announcing it would actually be three years, Mr Lammy told Sky News any change from the five years was after talking to the rest of the cabinet.
However, the Ministry of Justice said the decision was solely Mr Lammy’s and was “categorically” not because of any views from other ministers.
It is understood the government will try to get the changes through parliament quickly, but it will have to go through the normal passage and MPs will have to vote on it.
MPs and legal professionals have raised concerns about fairness, curtailing rights, and a lack of evidence the move will even help bring down the backlog.
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The Law Society, which represents solicitors, said the reforms “erode the right to be judged by our own peers”.
They criticised the government for the judge-only reform, saying Sir Brian recommended two magistrates sitting alongside a judge, which “retained an element of lay perception in determining a person’s guilt or innocence”.
The lawyers called on the government to public “clear evidence” that getting rid of jury trials will “tackle the horrendous backlogs”.
Conservative shadow justice secretary Robert Jenrick accused Mr Lammy of U-turning on his beliefs after previously saying “criminal trials without juries are a bad idea, you don’t fix the backlog with trials that are widely perceived as unfair”.
In reference to the Magna Carta, which included the right to a fair trial by one’s peers, Mr Jenrick said: “Our ancestors did not stop bad King John only to be undone 800 years later by this prime minister and his court jester.”
