How the Jury Trial Reforms Could Reshape Your Defence Strategies

The latest review of the criminal justice system by Sir Brian Leveson has sent shockwaves through the legal profession. With a Crown Court backlog exceeding 77,000 cases – and some trials listed as far out as 2029 – the review warns of a system nearing collapse. In response, sweeping changes have been proposed to streamline criminal proceedings, many of which would directly affect how criminal defence lawyers operate and advise clients.

As defence solicitors and advocates, we must now ask: how will these proposals alter our strategies and responsibilities in the courtroom and beyond?

Fewer Jury Trials – More Judge-Led Decisions

One of the most significant recommendations is to limit jury trials to only the most serious cases. A new Crown Court Bench Division is proposed, consisting of a judge and two magistrates who would try either-way offences such as theft, fraud, and common assault.

Impact for defence lawyers:

• More strategic forum decisions: Advising clients on opting for jury trial versus magistrates’ court will become less relevant if certain cases are automatically removed from jury eligibility.
• Shift in trial tactics: Bench trials may require less emotive advocacy and more emphasis on technical legal arguments. With fewer laypersons involved, there may be reduced benefit from appealing to common sense or social context.
• Increased judicial scrutiny: Judges and magistrates may interpret evidence and legal nuance differently from juries, potentially affecting acquittal prospects in borderline cases.

Jury Trial Abolished for Lower-Level Offences

The review suggests removing jury rights for offences with a maximum custodial sentence of two years or less. These include: Drug possession, bike theft, voyeurism, assault on emergency workers.

Impact for defence lawyers:

• Client education becomes critical: Clients may feel disadvantaged or sceptical about losing the right to a jury. Clear, confident advice will be essential to maintain trust.
• Re-evaluation of risk appetite: Without a jury option, clients may be more hesitant to contest cases – even where defences exist – because bench trials are perceived as less sympathetic.
• New approach to case prep: Emphasising early written representations, robust pre-trial argumentation, and pre-emptive mitigation may carry more weight than traditional trial prep.

Greater Emphasis on Early Guilty Pleas

Another major recommendation is to increase the discount for early guilty pleas from one-third to up to 40%, to incentivise faster resolution of cases.

Impact for defence lawyers:

• More complex plea advice: Lawyers will need to balance the benefits of early plea discounts against clients’ chances of acquittal. A hasty decision could cost a client their right to a fair trial.
• Pressure to front-load casework: Disclosure requests, defence evidence, expert instructions, and legal arguments must be marshalled far earlier in proceedings.
• Increased ethical responsibilities: Defence practitioners must ensure that plea decisions are fully informed and not driven solely by pressure to reduce the backlog.

Potential for Judge-Only Trials in Complex Fraud

The review also calls for expanding judge-only trials in complex fraud and financial crime, arguing that juries often struggle with highly technical cases.

Impact for defence lawyers:

• Greater reliance on expert evidence: Lawyers may need to present more precise, clearly explained expert testimony to help judges navigate financial or digital evidence.
• More formal submissions: Expect stricter evidentiary thresholds and procedural rigour, similar to civil litigation.
• Judicial temperament matters: Counsel should assess how individual judges are likely to interpret and weigh technical evidence—and adjust presentation accordingly.

Preparing for a New Era in Criminal Defence

If enacted, these reforms would signal one of the most substantial shifts in English criminal procedure in decades. The changes could streamline justice for some, but they also risk diluting protections for defendants – particularly the right to be judged by a jury.

As criminal defence solicitors, we must remain agile, proactive, and fiercely protective of our clients’ rights. This means:

• Staying informed as legislation develops.
• Investing in trial preparation strategies suitable for bench hearings.
• Revisiting client care protocols to ensure decisions are informed and voluntary.
• Advocating vocally where reforms compromise justice.

We are entering a period of uncertainty – but also of opportunity to shape how fair, efficient, and humane our justice system remains.

Have you secured your place at our Annual Conference in Manchester on 3 October? This is the perfect opportunity to stay up to date with the latest developments, dissect the details, ask your questions to our expert panels and gain peer support from criminal lawyers across the country.

Book your place here.