In a striking critique, a prominent lawyer who once guided Sir Keir Starmer during his formative legal years has voiced strong objections to the current government’s proposed overhaul of the jury trial system. Edward Fitzgerald KC has labeled the Labour Party’s initiative to curtail jury trials to only the most severe criminal cases as “most unfortunate,” arguing that it undermines a fundamental pillar of justice in an effort to alleviate the courts’ backlog.
Despite mounting resistance from legal experts, law enforcement officials, and civil liberties advocates, Deputy Prime Minister and Justice Secretary David Lammy is moving forward with proposals aimed at diminishing the reliance on juries. The plan, if implemented, would drastically reduce the number of jury trials, reserving them solely for cases involving grave charges like murder, robbery, and rape.
Under this scheme, ‘swift courts’ would be established within Crown courts to handle other serious offenses without the traditional jury process. This shift would also expand the authority of magistrates, allowing them to impose prison sentences of up to 18 months—a significant increase from the current one-year limit for magistrates.
Moreover, the plan includes removing automatic appeal rights for defendants and eliminating juries from complex financial and fraud cases, a move intended to spare jurors from the extensive commitment such cases typically demand. This controversial approach aims to streamline court operations but has sparked a heated debate about the implications for justice and fairness.
Magistrates will also be handed the power to dispense prison sentences of up to 18 months, giving them the power to hear cases for offences where the sentencing guidelines go beyond the existing magistrate limit of one year.
Automatic rights of appeal will also be stripped from defendants, and complex financial and fraud cases will also be stripped of juries to stop jurors from giving up months of their lives to hear every intricate detail.
Ministers say the changes are necessary with the Crown Court backlog set to hit 100,000 cases by 2028 – but critics say they will overwhelm judges and deny defendants the right to be tried before a jury of their peers.
Mr Fitzgerald has gone against his former mentee despite their personal friendship to speak out against the plans.
Keir Starmer’s mentor Edward Fitzpatrick KC has hit out at Labour’s plans to take a scythe to jury trials
He called Sir Keir’s government’s plans ‘most unfortunate’, joining a growing chorus of opposition to the proposals
He told The Telegraph today: ‘It is most unfortunate the Government has taken this position. Juries should be kept.’
A highly acclaimed silk who was made a CBE in 2008 for his work on human rights, Mr Fitzgerald was among a select few personal friends allowed to welcome Sir Keir into Downing Street in 2024.
He has been widely described as a mentor for the future Prime Minister: Starmer was among the barristers who joined Doughty Street Chambers when it was founded in 1990. Mr Fitzgerald was one of its founding heads.
The pair wrote a book together on how and when to apply the death penalty in countries where it still remains an option for judges in 2008.
His remarks are a double-sting for the PM: Doughty Street Chambers has also publicly criticised the plans, calling them ‘wrong in principle’ and alleging that there is ‘no evidence’ they will clear the backlog.
It previously said: ‘Trial by jury is a deeply entrenched constitutional principle and anchors our liberal democracy. Jury trials enable people to participate and have a say in their criminal justice system.’
The ‘Four Bars’ – the associations representing senior lawyers across England and Wales, Scotland, Northern Ireland and the Republic of Ireland – slammed the plans earlier this week.
A joint statement signed by all four heads of the groups read: ‘There is no evidence that this fundamental change will bring down the existing Crown Court backlog.
‘The curtailment of jury trials has predictable negative consequences, including undermining the public’s trust and confidence in our criminal justice systems.
‘Trial by a jury is long established and respected throughout the common law world for its veneration of democratic ideals, its age, gender and ethnic inclusiveness, and its respect for citizens’ and judges’ roles in the administration of justice.
‘The Four Bars stand as one in opposition to this proposal. Legislation is still some time away – the government has time to listen to the views we express and to change course.’
Mr Fitzpatrick (circled) was among personal friends who was welcomed to Downing Street as Sir Keir became Prime Minister
The changes are being pushed through by Justice Secretary and Deputy Prime Minister David Lammy (pictured in 2025 ahead of being sworn in as Lord Chancellor)
Edward Fitzgerald mentored Keir Starmer for 18 years before he was named Director of Public Prosecutions in 2008 (pictured)
Sir Keir is also facing the threat of a backbench rebellion from his own MPs, many of whom have publicly criticised the proposals.
Thirty-nine Labour MPs signed an open letter last month indicating that they intended to vote down the proposals in the Commons despite the risk of losing the whip.
There is some small relief for the Prime Minister, however.
Mr Fitzgerald, who built a reputation for representing some of Britain’s most notorious criminals such as Myra Hindley, Maxine Carr, taxi rapist John Worboys and Abu Hamza, says he still supports his friend in Government.
He added: ‘I am a great supporter of Mr Starmer.’
The courts backlog had been falling prior to 2020, but the Covid pandemic saw the backlog rise as courts sought to conduct trials safely.
The Ministry of Justice says its reforms will see the two per cent of prosecutions in England and Wales that go before a jury halved to just one per cent, freeing up resources to process lesser offences quickly.
Yesterday, justice minister Jake Richards sought to defend the reforms as a ‘modest change’ that would see criminals brought to justice sooner, bringing relief to victims.
He told Times Radio: ‘I’ll tell you what is the most dangerous part of undermining trust in our justice system.
‘It’s the fact that rape victims are having to wait five, six years for their day in court, which means too often those trials never happen.
‘Justice is not done, and perpetrators of the most heinous crimes never face justice.’
