David Lammy is facing fresh fury over his plan to axe jury trials (Image: Getty)
Labour’s plan to axe jury trials descended further into farce as a minister contradicted David Lammy over key details.
The Justice Secretary was accused of being “clueless about his own proposals” after Courts Minister Sarah Sackman admitted they would apply retrospectively.
This means thousands already charged with an offence could lose their right to a jury trial.
Ms Sackman told a group of MPs “it’s something we have to look at” – despite Mr Lammy previously ruling it out.
Challenged by Tory MP Sir Ashley Fox, who asked: “So when the Lord Chancellor said it won’t be retrospective, that wasn’t a wholly accurate answer?”
Attempting to defend the Deputy Prime Minister, Ms Sackman said: “I think the answer he was giving was in the context of a question on remand hearings.”
Sir Ashley then hit back: “No, he said the changes won’t be retrospective. Because someone elects to go to the Crown Court at the moment, that’s on the assumption that there will be a trial by jury. What you’re saying is, it might not be?
“You might be diverted to the Swift Court?”
Ms Sackman admitted: “That’s right”.
“That is the mechanism for pursuing what is needed”, she added.
Shadow Justice Secretary Robert Jenrick said: “Once again David Lammy has shown himself to be clueless about his own proposals. It’s now clear he blatantly misled the public and that his plan to slash jury trials is even more damaging than first envisioned.
“These proposals are doomed. Lammy won’t succeed because his plans tear up a fundamental liberty and do next to nothing to cut the court backlog. Another u-turn is inevitable from this shambolic Labour Government.”
It comes just days after Ms Sackman admitted jury trials would be scrapped even if there wasn’t a Crown Court backlog crisis.
Ms Sackman claimed criminals are gaming the system by pleading ‘not guilty’ because they know it will take years for the case to come to court.
And she sparked fury by suggesting shoplifting cases are delaying rape trials.
Under Labour’s new plans, half of jury trials will be axed.
Some sexual assault, burglary, drug dealing and robbery cases will be heard by a single judge.
The Ministry of Justice will scrap the right of defendants to “elect” a jury trial for so-called “either way offences”.
Judges will assess a case, and if it is “likely” to result in a three-year prison sentence or less, it will be heard by either a magistrate or the new Crown Court Bench Division.
Labour are said to be considering another u-turn, with justice chiefs considering adding magistrates to the new Swift Courts.
This was first recommended by former High Court judge Sir Brian Leveson but ignored by Mr Lammy, who went for the more drastic option.
Ministers have warned the backlog could rise to 100,000 by 2028 if nothing is done, with a growing number of victims giving up on seeking justice because of the lengthy delays.
Justice chiefs will “create faster routes for lower-level cases, as in Canada”.
In Canada, suspected criminals can only request a jury trial if they are facing a prison sentence of five years or more.
Over a quarter of all cases in the Crown Court are open for a year or more, with almost half of those being violent and sexual offences.
He told the Guardian: “It has been happening in Canada for decades. It is very normal. In this jurisdiction, often defendants are preferring to be in front of a single judge rather than a jury.”