header-logo header-logo

Jury trials: the case of the straw man

05 December 2025 / Dr Graham Zellick CBE KC FAcSS
Issue: 8142 / Categories: Opinion , Criminal , Constitutional law
printer mail-detail
237728
Professor Graham Zellick KC considers what it means to say there is no right to trial by jury

David Lammy MP, the Lord Chancellor and Secretary of State for Justice (pictured), is proposing a major reduction in jury trials, and in doing so has adopted the mantra that there is no right to jury trial, which features prominently in Sir Brian Leveson’s recent report on the criminal courts.

Sir Brian, a former President of the Queen’s Bench Division and Lord Justice of Appeal, writes:

‘Most often, the resistance to reforming the right to elect [trial by jury] has centred on whether a defendant has a constitutional “right” to a jury. I make clear my position that there is no… constitutional or common law right to a trial by jury, with the result that there is no basis for this to limit any approach to necessary reform. It is on this premise that I proceed with my subsequent recommendations [on removing and limiting jury trials]’ (‘Independent Review of the Criminal Courts’, Pt 1, Ch 5, p143,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

Excello Law—Heather Horsewood & Darren Barwick

Excello Law—Heather Horsewood & Darren Barwick

North west team expands with senior private client and property hires

Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

Firm boosts corporate team in Newcastle to support high-growth technology businesses

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll