Transport law firm criticises removal of juries

The government announced this week it would tackle the backlog of cases needing to go in front of a judge by introducing "swift courts", which would see cases with a likely sentence of three years or less heard by a judge alone. But LMP Legal, which specialises in defending commercial and professional drivers, said the change risked undermining fairness for thousands of people facing prosecution after road traffic collisions - including HGV drivers. Charlotte Le Maire, partner and founder of LMP Legal, said: "Removing jury trials for offences that still carry the possibility of custody is a major shift in the foundations of our justice system."

Under the reforms, defendants charged with either-way offences - currently able to elect for a crown court jury trial - will lose that right. LMP Legal said many of these offences include serious road traffic allegations where the consequences for drivers can be life-altering. "These cases often turn on credibility, perception, memory and behaviour under stress," Le Maire said.

"Replacing the collective judgment of 12 independent people with a single judge operating in a heavily pressured system raises real questions about fairness, legitimacy and transparency."

The law firm added the government's belief that the move would reduce the backlog was not supported by evidence: "Delays in the criminal courts haven't been caused by defendants electing jury trials," Le Maire said. "They are the result of years of reduced sitting days, court closures and chronic underinvestment.

Removing juries doesn't address any of those root causes." Le Maire also said that lorry drivers were already facing heightened scrutiny after sentencing guidelines were updated to treat driving for work as an aggravating factor and this now allowed for tougher penalties. "For commercial drivers, a prosecution doesn't just mean points or fines.

It can cost them their licence, their income and their reputation," she said. "Taking away the option of a jury in many of those cases feels deeply unfair." The law firm has called for clarity on how offences will be categorised, what rights defendants retain and how fairness will be protected in complex, multi-party collisions.

Deputy Prime Minister David Lammy said: "The crumbling system we inherited has resulted in a crown court backlog of nearly 80,000 and rising. Justice delayed is justice denied. "This is not acceptable.

"These reforms are bold and it will take time to turn the tide on the rising backlog, but these measures are necessary to tackle the emergency in our courts.

"We are putting victims before tradition for tradition's sake and fairness before those who want to game the system."