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Limiting jury trials will harm minority ethnic victims and defendants, research shows

3 0
03.12.2025

The right to trial by jury dates back to at least the 12th century. The government’s proposals to limit it in England and Wales, many argue, run counter to the UK’s core democratic principles. And as others have pointed out, scrapping jury trials for some crimes is unlikely to solve the massive backlog in the crown courts.

Our research suggests that there is another reason why it is a bad idea to scrap jury trials. They can play a vital role in reducing racial discrimination in the criminal justice system.

The proposals laid out by justice secretary David Lammy would have a disproportionately negative impact on people of colour – both defendants and victims – for whom jury trials give a glimmer of hope in a criminal justice system where “ethnic minorities (excluding white minorities) appear to be over-represented”.

Government data repeatedly shows black, Asian and minority ethnic defendants are less likely to plead guilty than white defendants, and more likely to take their cases to trial. Lammy’s own 2017 review of racial inequality in the justice system suggests this is driven by a perception that the plea-bargaining process is unfair to........

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