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26 October 2026
Issue: 8183 / Categories: Legal News , Fraud , Criminal , Constitutional law
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Former judge warns against fraud jury cuts

A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week

Earlier this month, the Lord Chancellor, Alex Norris abandoned controversial proposals for judge-only criminal trials where the maximum sentence was three years or less, which he inherited from his predecessor David Lammy. However, he retained plans to curtail juries in fraud cases. The Bill currently provides for judge-only trials in ‘complex or lengthy’ offences including fraud, tax evasion, money laundering, bribery and insider dealing.

In an open letter to peers last week, however, former Southwark Crown Court resident judge Geoffrey Rivlin KC noted: ‘Most of these offences are regular fare at one court or another. Some of them, eg insider dealing, terrorist funding and bribery, might be thought as particularly well suited to jury trial.’

The retired judge, who has more than 50 years’ experience at the Criminal Bar and on the Bench, dismissed the argument that juries are incapable of understanding complex financial cases, citing not only his experience but that of other senior judges who have seen juries deal effectively with such cases.

He questioned the statutory threshold, given there is no clear definition in the Bill of when a case becomes sufficiently ‘complex’ or ‘lengthy’ to justify trial without jury, or how the ‘public interest’ should be applied.

Rivlin highlighted the lack of safeguards, since a judge sitting alone with no right of appeal and who ‘will know far less about the case than either the prosecution or defence’ has the power to order the case proceed without a jury.

He raised constitutional concerns about the power to add to or amend the category of judge-only offences via statutory instrument. Rivlin wrote: ‘For centuries jury trial has been recognised as a vital part of our constitutional fabric or structure, no less than any institution of government or basic liberty of the individual; and the failure of ‘[Lord] Leveson, [David] Lammy [MP] and [Sarah] Sackman [MP] to acknowledge this is as surprising as it is alarming.

‘Once it is acknowledged that trial by jury forms part of our unwritten constitution, it follows that there must be a “right” to it, for otherwise the statement is devoid of any meaning.’

Finally, he questioned whether the change would make any meaningful difference to the backlog, given that fraud trials are not necessarily more complex or lengthy than terrorism, murder, gang grooming and rape cases.

Issue: 8183 / Categories: Legal News , Fraud , Criminal , Constitutional law
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Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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