Justice Secretary David Lammy warns jury system may deny justice for rape victims

Justice Secretary David Lammy warns jury system may deny justice for rape victims
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UK (Parliament Politics Magazine) – Justice Secretary David Lammy warns long court backlogs and defendants exploiting jury delays are denying rape victims justice, prompting major reforms.

As reported by The Telegraph, Deputy Prime Minister David Lammy has warned that rape victims will continue to be denied justice unless jury trials are removed for the majority of criminal cases.

The Justice Secretary said the courts face a record backlog of around 80,000 cases, double the 2019 level, leaving victims waiting years for justice. Some rape victims have been told their trials will not take place until 2029.

What did David Lammy say about jury trials and justice for rape victims?

David Lammy said prolonged delays are leading to “justice being denied,” with more victims abandoning cases due to the emotional toll of waiting years for trial.

His comments come ahead of a Commons statement on Tuesday, where he will reveal plans to scrap jury trials for offences likely to result in prison sentences of less than five years.

Mr Lammy’s plan exceeds the recommendations of Court of Appeal judge Sir Brian Leveson, whose review suggested limiting jury trial restrictions to offences carrying sentences of three years or less.

The Deputy Prime Minister faces backlash from barristers, lawyers, and judges, with warnings that securing approval in the House of Lords may be challenging due to his decision to go beyond Sir Brian’s recommendations.

Ministry of Justice insiders said the Government has no plans to water down the reforms, arguing they are crucial to curb the courts’ backlog, expected to reach 100,000 cases by 2028.

Mr Lammy stated,

“We inherited a court’s emergency; a justice system pushed to the brink. We will not allow victims to suffer the way they did under the last government. We must put victims front and centre of the justice system.”

The justice secretary said,

“Behind every one of the thousands of cases waiting to go to trial is a human life put on hold. A rape victim being told their case won’t come before a court until 2029. A mother who has lost a child at the hands of a dangerous driver, waiting to see justice done.”

He added,

“A teenager assaulted on their way to school, consigned to years of delay before they can start to put their life back on track. For many victims, justice delayed is justice denied. This Government chooses a system that works for – not against – victims. One that finally gives brave survivors the justice they deserve.”

What did Lord Falconer say about jury trials and miscarriages of justice?

The Ministry of Justice said senior political and legal figures support the proposed reforms. Lord Falconer, former Lord Chancellor, warned that jury trials were failing to deliver fair outcomes for defendants and victims.

He referenced research showing that juries in rape trials are often influenced by “discredited tropes,” such as assumptions about victim behaviour or alcohol use, producing unreliable verdicts.

Lord Falconer said,

“Some of the most notorious miscarriages of justice occurred within a system that relied on juries. The opacity of jury verdicts, combined with the inability to be subject to meaningful scrutiny, means that when errors occur, they can be difficult to rectify.”

He added,

“The right at stake is not the right to a jury, but the right to a fair trial.”

How will new reforms limit jury trials for most criminal offences?

Under the new reforms, only defendants facing jail terms of more than five years for offences such as murder, rape, terrorism, manslaughter, grievous bodily harm, or serious sexual crimes will go before a jury.

The Government plans to increase magistrates’ powers by extending the maximum sentence from one year to two years.

The reforms will remove the right to choose a jury trial for all defendants charged with “either-way” offences, including burglary, affray, fraud, and criminal damage up to £10,000.

What did the MoJ data reveal about jury delays and victims withdrawing?

According to the Ministry of Justice, delays in the court system are causing as many as 60% of rape victims to withdraw their cases before going to trial.

The MoJ said some defendants are exploiting the system, pleading not guilty to trigger jury trials, knowing delays may cause victims or witnesses to withdraw or forget key details.

Justice figures show the number of defendants choosing jury trials for either-way offences has risen from 8% in 2014 to 17% in 2022.

How many rape cases have been reported in the UK as of 2025?

In the year ending March 2025, police recorded 71,667 rape offences in England and Wales. The Crime Survey for England & Wales estimates that around 898,000 adults (1.9%) experienced rape or attempted rape in the year ending March 2025.

Since the age of 16, approximately 1.9 million adults (4.0%) report having experienced rape in their lifetime, according to survey data.