Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: David Lammy’s jury reforms will ‘deepen mistrust of justice system among women and girls’ – Legal Perspective
Dozens of organisations representing victims of violence against women and girls (VAWG) have called for the government to scrap plans to remove the right to trial by jury for some crimes.
In a joint letter to justice secretary David Lammy, 30 groups warn the controversial plans for judge-only trials will deepen victims’ mistrust of the justice system.
Instead of curbing jury trials, the groups – including the End Violence against Women Coalition and JUSTICE – called for sustained investment across the whole system to tackle the underlying causes of VAWG.
Ministers introduced legislation to parliament last month to overhaul the courts system and bring down the backlog of nearly 80,000 crown court cases by replacing juries with judge-only trials for crimes likely to receive a sentence of less than three years.
Plans have been met with fierce opposition from some legal experts, while others insist change is needed to stop victims facing four-year delays to have their day in court.
The letter, published on Wednesday, argued positioning the interests of survivors against those of defendants “oversimplifies” how the justice system treats women and fails to recognise that female victims of violence are often criminalised themselves.
“We are deeply concerned that the curtailment of jury trials risks unfair outcomes that undermine justice for everyone,” they said, adding there is no evidence the changes will meaningfully speed up trials.
They note that two thirds of judges are male, which they fear could undermine trust in the courts at a time when less than half of female victims have confidence in the overall fairness of the justice system.
The signatories also expressed fears that the move could increase racial bias, citing a report led by Lammy while in opposition in 2017 which found juries convicted defendants from ethnic minorities at similar rates to white defendants.
However other research has found judges are more likely to give ethnic minorities a prison sentence or a longer jail term.
“It is deeply concerning that judge-only trials could see this racial disproportionality translating into conviction decisions,” they added.
Hannah Couchman, senior legal officer at Rights of Women, said: “Organisations across the sector are sounding the alarm over these proposals.
“Undermining one of the few mechanisms for bringing diversity into decision making and reducing courtroom bias will not resolve the backlog or address the trauma survivors experience at the hands of our justice system.”
Janaya Walker, interim director at the End Violence Against Women Coalition, said they have long warned that challenges facing victims in the backlogged court system are “untenable”.
She continued: “However, we have been taken aback by the government’s blanket assertion that this set of proposals is in the best interests of victims and survivors of violence against women and girls (VAWG), without any serious consultation with VAWG organisations.
“It sets a worrying precedent for the rights of women and girls to be pitted against others in this way, particularly given that such proposals risk causing harm for the most marginalised, including criminalised women.”
Fiona Rutherford, chief executive of legal reform charity JUSTICE, added: “Victims of violence must have access to trustworthy, timely justice. Juries are one of the best trusted parts of our system and give some of the most equal outcomes; cutting them will further weaken justice, not fix it.”
A Ministry of Justice spokesperson said: “No-one has more lived and varied experience of the justice system than victims’ groups representing brave survivors across the country – and we wholeheartedly welcome all views as we move forward with these vital reforms.
“We had a positive and constructive meeting with a number of signatories and look forward to working collaboratively with them on our reform package and the independent review of its implementation so we can deliver fairer and faster justice for all.”