Andy Burnham set to drop Lammy's plan to curb our right to trial by jury

Max Thompson, Campaigns Officer

14 July 2026

It has been reported in The Telegraph that Andy Burnham, who is expected to take over as Prime Minister on Monday 20 July, will drop one of the Starmer Government's most unpopular policies: the severe curtailment of our right to trial by jury.

David Lammy, the current Deputy Prime Minister, announced plans last December to slash our right to a jury trial, claiming that it is the only way to bring down the backlog of 80,000 cases. He said this despite presenting no credible evidence to support his claim. In fact, the Institute for Government has published a report which estimates Lammy's reforms would only save 2 per cent of Crown Court time — not the 20 per cent promised.

Sources close to Mr Burnham have said that he intends to remove the jury trial reforms from the Courts and Tribunals Bill in order to get the other measures contained within the legislation through Parliament.

The aim is to avoid an awkward battle with MPs to get the Bill through. Since the plans were announced to severely limit our right to a jury trial, voices across the political spectrum, including on the Labour backbenches, have called out the proposals. The leading voices on Labour's benches include Karl Turner — now an independent MP — and Charlotte Nichols.

During the Makerfield by-election, which Mr Burnham won decisively, he described the right to trial by jury as the "lynchpin of a fair society" and warned Keir Starmer to "pause" the plans.

The plan to slash our right to trial by jury has attracted widespread, cross-sector and cross-party criticism. Amongst the long list of objections is the fact that these plans were not included in Labour's manifesto for government, and therefore there is no legitimate democratic mandate for what would be the most sweeping reforms of the criminal justice system.

The House of Commons Justice Select Committee has also issued a damning assessment of the reforms and the Government's approach to its pre-legislative scrutiny. The committee of MPs called out the Justice Secretary for failing to see a "broader consensus" before introducing the reforms to Parliament.

Under Starmer and Lammy's proposals, defendants would lose the right to elect a jury trial and instead face a judge-only court or a magistrates' court if they were likely to receive a sentence of less than three years' imprisonment. Despite initial assurances from the Justice Secretary that the plans would not be applied retrospectively, Courts Minister Sarah Sackman MP confirmed, back in February, that they would. The result is that as many as 30,000 defendants who have entered not guilty pleas, and who expected to have their case heard by a jury, will now face a judge-only court or a magistrates' court.

Karl Turner, the chief voice on the Labour benches arguing against the reforms, has told The Telegraph that the former Mayor of Greater Manchester and Prime Minister-in-waiting has been in contact with him over the course of the last twelve months and has been very "supportive" of his campaign against the Starmer Government's jury trial reforms.

I think it was a policy which was made up by officials, lapped up by useless, ill-informed, lazy ministers, who knew an awful lot less about the policy and criminal justice system than I do.

Lammy's reforms would see those who face a prison sentence of under three years denied the right to a trial by jury. The plans would see half of the 15,000 jury trials a year being scrapped, according to Ministry of Justice data.

Last December, when pressed on David Lammy's reforms, Mr Burnham said:

My instinctive reaction is… I think proceed with huge caution and do not take away something that's a lynchpin of a fair society. My call on the Government is to pause this and take a step back and have proper consideration.
I understand the pressure on the courts but this is about a fundamental part of our country. It has to proceed with broad consent if it's to proceed. Perhaps there's a case in some trials not to have a full jury trial. But it should be done with the broadest possible consent in society.

The Free Speech Union has passionately campaigned against the reforms, recognising them as the biggest assault on English liberty — particularly free speech — in more than 800 years.

Research carried out by the Free Speech Union has shown that those charged with speech-related crimes are almost twice as likely to be found not guilty in a Crown Court with a jury than in a magistrates' court without one. This means that if Lammy's reforms do go ahead, more people will be locked up for exercising their right to free speech.

In response to Lammy's reforms, the Free Speech Union set up a petition calling on the Government to guarantee our right to trial by jury, which has gained over 50,000 signatures.

It is very welcome news that Andy Burnham is reportedly set to axe these sinister plans. The Free Speech Union will be watching very closely.