David Lammy is seeking to solve a shortage of resources in the justice system by fundamentally rewriting the legal and constitutional framework of England and Wales. That’s deeply wrong, argues Eliot Wilson

The headline in The Times last week was extraordinary: “Jury trials to be scrapped except for alleged rapists and killers”.

A memorandum from the ministry of justice, headed by deputy prime minister and lord high chancellor David Lammy, proposes that defendants in England and Wales should only have the right to trial by jury for charges of rape, murder, manslaughter or other offences passing a public interest test.

It would: “Introduce trial by judge alone for cases involving fraud and financial offences – if the judge considers the case to be suitably technical and lengthy. Exclusions for rape, murder, manslaughter and public interest.”

So unless you are accused of raping or killing someone, your guilt or innocence would now be determined entirely by a judge. Currently, anyone charged with an offence which could result in more than six months’ imprisonment has a right to a jury trial. The proposal is even more restrictive than Sir Brian Leveson’s already-contentious review of the criminal courts.

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