Jury Trials: Changes for a System Under Pressure 

By Saffron Baker

Recent proposals to limit or restrict jury trials in England and Wales have reignited debate over the role and sacrosanctity of juries within the wider Criminal Justice System (CJS). The newest controversy under Kier Starmer’s Labour government has drawn both public and professional interest in the possibility of removing juries for ‘non-serious’ criminal cases. The Ministry of Justice (MoJ) has outlined plans to create a ‘new tier of justice within England and Wales’ and has confirmed that the use of jury trials will be restricted, for crimes with sentences of less than three years [1].

The proposal comes as a response to significant delays and backlogs within the courts, but it is unclear whether, if or when these issues are resolved, this ‘new tier’ of justice will remain a permanent reform within the CJS [1].

The use of jury trials and their function is considered a ‘cherished’ feature of the CJS, consolidating dominant notions of justice and democracy [2]. It is perceived as a mechanism that ensures balance between state power and wider public representation, and ultimately, is found at the core of democratic values. For many, the idea of further abolishing or restricting this right would not only pose a myriad of significant challenges but would further offend the very notion of justice itself. Indeed, the jury trial is a symbolic cornerstone of the British Criminal Justice System – but what does the restriction of this in England and Wales mean for Northern Ireland?

Although these proposals are currently restricted to the jurisdictions of England and Wales, the issue carries a particular significance in Northern Ireland, where the use of NJT (non-jury trials) has a distinct and sensitive history. The NJT provisions in NI, originally facilitated under the Diplock Framework in 1973, were implemented to address concerns over juror intimidation and the risks posed to the administration of justice at that time. Contemporarily, this framework was dissolved and has been replaced with the Justice and Security Act (NI) 2007, which covers the legal basis of the judiciary and criminal courts. Earlier this year, Parliament passed an extension of this Act, the Extension of Duration of Non-jury Provisions Order (2025) to 2027 [3]. This extends the availability of NJT until then. In these provisions, the 2007 Act has been extended many times, and will likely continue to do so.

However, despite the extension of these provisions, NJT in Northern Ireland remain rare. Official figures show that in 2023, only 0.8% of Crown Court cases (12 out of 1423) were conducted without a jury [4]. Within the unique political landscape of Northern Ireland, justifications to hold an NJT are made on a strictly regulated, case-by-case basis, typically when it is believed the risk of juror intimidation would hinder the fairness and safety of a conventional jury trial. In all other cases, there remains a strong presumption of trial by jury in Northern Ireland. Indeed, while it is maintained that the UK has adopted the adversarial approach – differences in jurisdiction and its delivery persist – it is adversarial, though it is not delivered uniformly across each jurisdiction [5]. Similar differences can be seen in Scotland, where a third verdict exists within courts: not guilty, guilty, and not proven – though debate remains on the effectiveness of such [6].

Ultimately, the use of an NJT in Northern Ireland has become an exceptional, rather than standardised, practice. Indeed, the distinct history of Northern Ireland, accompanied by a legacy of emergency-era justice, means any changes to the jury trial (even within other jurisdictions in the UK) are likely to be watched closely.

At a time when criminal justice reform is at the heart of debate, it is important to remember that justice is not a linear process, but rather a “shifting pattern, ever evolving” [2].

References:

[1] Casciani, Dominic; McArthur, Tom. “Jury trials scrapped for crimes with sentences of less than three years”. BBC. December 2^nd, 2025. Available at: https://www.bbc.co.uk/news/articles/cn5lxg2l0lqo  

[2] McGlynn, C., and Westmarland, N (2018) “Kaleidoscopic justice: Sexual Violence and Victim-Survivors perceptions of justice”.  Social and Legal Studies. 28(2). Pp 179-201. DOI: https://doi.org/10.1177/0964663918761200  

[3] Legislation (2025) “The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2025”. Available at: https://www.legislation.gov.uk/ukdsi/2025/9780348271676  

[4] Northern Ireland Office (2024) “Northern Ireland Office launches consultation on the use of non-jury trials in Northern Ireland”. Available at: https://www.gov.uk/government/consultations/northern-ireland-office-launches-consultation-on-the-use-of-non-jury-trials-in-northern-ireland  

[5] Leverick, F (2020) “What do we know about rape myths and juror decision making?” The International Journal of Evidence and Proof. 24(3). Pp 255-279. DOI: https://doi.org/10.1177/1365712720923157  

 [6] Chalmers, J., Leverick, F., and Munro, V. (2022) “Beyond a doubt: The Case Against Not Proven”. Modern Law Review. 85(4). Pp 847-1107. DOI: https://doi.org/10.1111/1468-2230.12707