Dozens of Labour MPs are threatening open rebellion over plans to curb jury trials, warning Sir Keir Starmer they are ready to vote against the shake up.
In a blunt letter to the Prime Minister, 39 Labour backbenchers told him to “think again” about Justice Secretary David Lammy’s proposals, branding them ineffective and dangerous.
The MPs said the plans would barely dent the massive courts backlog while stripping defendants of the “fundamental right” to be judged by a jury of their peers.
They warned Keir Starmer: “When this is put to the House as primary legislation, there is a growing number of our colleagues who are not prepared to support these proposals.”
The revolt is being led by Karl Turner, a former barrister, and includes big Labour names such as Diane Abbott, ex shadow home secretary Vicky Foxcroft, and Blue Labour figure Dan Carden. While many signatories come from the Left, the group is not exclusively so.
Mr Lammy unveiled the controversial reforms on December 3. Under the plans, jury trials in England and Wales would be scrapped for crimes likely to result in sentences of under three years. Defendants would also lose the automatic right to opt for a jury trial in “either way” cases, which could instead be heard by magistrates or a new judge only crown court.
Magistrates’ powers would also be extended to deal with cases carrying sentences of up to 12 months, possibly rising to 18 months or even two years.
But rebel MPs said limiting jury trials was “not a silver bullet”.
They wrote: “To limit a fundamental right for what will make a marginal difference to the backlog, if any, is madness and will cause more problems than it solves.”
The group also warned the public would not accept the move, saying: “This problem was not caused by jurors, nor will it be fixed by their eradication from public duty.”
They pointed out that juries continued to sit throughout the Second World War, adding: “We are not at war!”
Mr Turner said he was prepared to defy the Labour whip for the first time in his 15 years as an MP.
He said: “This is not the usual suspects. There are people on that letter who have never voted against the party in the entire time they have been in Parliament.
“I will do on this, because this will not work. It is simply unworkable, and I am afraid the Government are going to have to realise that and change their tune.”
Despite the growing backlash, Downing Street insisted the reforms would go ahead.
The Prime Minister’s official spokesman said: “Jury trials will remain fundamental to our justice system. They will always be in place for the most serious offences, but fundamental reform is needed to stop victims waiting years for justice.”
The warning comes as new figures reveal the crown court backlog has hit a record high.
Nearly 80,000 cases were outstanding in England and Wales at the end of September, according to Ministry of Justice data. The open caseload stood at 79,619, up 2 per cent in three months and 9 per cent on the year.
More than 20,000 cases have now been waiting for over a year for the first time ever, with long delayed cases up 25 per cent year on year.
Downing Street said the figures showed why radical reform was needed, saying: “Justice delayed is justice denied.”
Mr Lammy has argued that judge only courts could make the system up to 20 per cent faster and help speed up serious cases such as rape trials by clearing lower level offences more quickly.
But critics say other options, such as increasing court sitting days, appointing more part time judges and encouraging guilty pleas in backlogged cases, would work better without ripping up centuries old rights.
Angela Rayner is also understood to share concerns about the plans, piling further pressure on Sir Keir as he faces one of the biggest internal rows of his leadership.
