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Juries More Likely to Acquit in Speech-Related Cases

Esther Hartley

1 December 2025

Juries More Likely to Acquit in Speech-Related Cases

Thomas Harris

Summary

In November 2025, the UK Justice Secretary announced plans to introduce jury-less courts for most cases currently heard in the Crown Court. While no final decision has been made, the Free Speech Union is concerned that the introduction of jury-less courts risks undermining fundamental protections for free expression in the UK. Juries have historically served as a vital safeguard against overreach in cases involving speech.

Our analysis of Ministry of Justice data (2017–2025) reveals significant differences in acquittal rates between courts with and without juries:

• Overall Acquittal Rates: Crown Court cases (with juries) show an average acquittal rate of 21.6%, nearly double that of Magistrates’ courts (11.4%). In the last three years, this gap has widened to 25.8% vs. 10.1%.
• Speech-Related Offences: Acquittal rates are higher for offences involving speech or expression. Crown Court cases average 27.6%, compared to 15.9%in Magistrates’ courts. Recent years show an even sharper contrast (32.1% vs. 14.1%).
• Impact of Plea: For Crown Court cases where defendants pleaded “Not Guilty,” acquittal rates rise dramatically—62.1% overall, and 71.4% for speech offences.

While case mix differences between courts remain a limitation, the aggregate data suggests that jury trials are associated with substantially higher acquittal rates, particularly for speech-related offences. This finding has significant implications for policy decisions on jury-less courts. Removing juries from most Crown Court cases could significantly alter acquittal rates, particularly for offences involving speech or expression.

Full Briefing