Criminal court reforms: could you lose the right to choose a jury trial?

Jury trials will remain in place for almost all Crown Court cases in England and Wales after the government dropped plans for judge-only trials in many criminal cases.

The announcement, made on 4 October 2026, is a significant change to the Courts and Tribunals Bill, which originally proposed limiting the use of juries in some either-way offences. However, other reforms remain under consideration, including removing a defendant’s right to choose a jury trial and increasing magistrates’ sentencing powers to up to two years’ imprisonment.

If you are facing a criminal allegation in Norfolk, Suffolk or beyond, our criminal defence solicitors can explain what the proposed changes could mean for your case.

What the Courts and Tribunals Bill proposed for jury trials

The Courts and Tribunals Bill was introduced on 25 February 2026, following Sir Brian Leveson’s review of the criminal courts, to cut record delays in the Crown Court.

How criminal cases are currently divided

• Summary-only offences, such as most driving offences and common assault, are heard in the magistrates’ court.
• Either-way offences, such as theft, fraud and assault occasioning actual bodily harm, can be heard in the magistrates’ court or the Crown Court.
• Indictable-only offences, such as murder, rape and robbery, are dealt with in the Crown Court, where a contested trial is heard by a judge and jury.

At present, if magistrates decide an either-way offence is suitable for their court, you can still choose (or “elect”) a jury trial in the Crown Court. If they decide the case is too serious, it is sent to the Crown Court regardless.

The original proposals

As first published, the Bill included:

• Judge-only trials for certain either-way offences with a likely prison sentence of less than three years.
• Removing the right to elect a jury trial.
• A power to raise magistrates’ maximum sentence from 12 months to 18 or 24 months.
• A new permission stage for appeals from the magistrates’ court.

What has changed and what is still planned

Following opposition from organisations including the Law Society and the Bar Council, as well as concerns raised by some MPs, the government has said it will withdraw the judge-only trial proposal. Justice Secretary Alex Norris said ministers had listened to the strength of feeling about jury trials. The amendment has not yet completed its passage through Parliament, and the other reforms remain.

More cases in the magistrates’ court

According to government estimates cited by the Criminal Bar Association, the remaining reforms could move around 25,000 cases a year to magistrates’ courts, including about 5,500 trials that would otherwise have been heard in the Crown Court. These cases would be decided without a jury. The Bill returns to the House of Commons on 13 October 2026 and must then pass the House of Lords. We will update this guide as it progresses.

The Crown Court backlog and why the reforms were proposed

The Crown Court backlog stood at a record 80,829 cases at the end of June 2026, more than double the level at the end of 2019. The Ministry of Justice has warned it could pass 200,000 cases by 2035 without significant reform. For defendants, this can mean waiting several years for a trial. Critics, including the Commons Justice Committee, warn that magistrates’ courts also face record backlogs.

What the jury trials U-turn means if you face charges in Norfolk or Suffolk

Serious cases in the area are heard at Norwich Crown Court and Ipswich Crown Court, with most others dealt with by local magistrates’ courts.

If you are charged with an indictable-only offence

The proposed changes do not alter the usual process. Your case will normally go to the Crown Court, where a trial is heard by a judge and jury.

If you are charged with an either-way offence

If the Bill passes as expected, you would lose the right to choose a jury trial, and magistrates could keep more cases if their sentencing powers rise. For example, someone accused of assault occasioning actual bodily harm who might today elect a jury trial at Norwich Crown Court, may instead have their case retained in the magistrates’ court and have to be tried by a bench of magistrates or a district judge. Your solicitor could make representations about where your case is heard, but the final decision on mode of trial would rest with the court.

If you are accused of a complex fraud

Judge-only trials are still proposed for qualifying complex or lengthy financial cases, though not for all fraud prosecutions. Our fraud defence team can advise you on how the reforms could apply.

Legal aid in the magistrates’ court

Legal aid in the magistrates’ court depends on a means test and an interests of justice test, while police station advice is free. We can check your eligibility from the start.

Why early legal advice matters

With the right to elect a jury trial likely to go, the early stages of a case will matter more than ever.

Steps to take if you are under investigation or charged

• Ask for a solicitor at the police station. Free legal advice is your right during a police interview. Read our guide on what to do if you are arrested.
• Be careful who you talk to. Avoid discussing the allegation on social media or with potential witnesses, but speak openly with your solicitor.
• Get advice before your first court hearing. A solicitor can review your case and prepare representations about where it should be heard.
• Know your bail conditions. See what happens at a bail hearing.

Bethanie Mantin, Crime & Business Defence Solicitor at Fosters Solicitors, commented: “Although the proposed judge-only trials for many offences have now been dropped, the reforms could still bring significant changes for defendants. In particular, the proposed removal of the right to choose a jury trial means that more cases may remain in the Magistrates’ Court.”

“Where a case is heard can make a real difference to how it progresses and the sentencing powers available to the court. For that reason, anyone who is under investigation or facing criminal proceedings should seek legal advice as early as possible. The Bill is still progressing through Parliament and the current law continues to apply, but early advice can help you understand your options, protect your interests and ensure the strongest possible preparation for your case.”

How Fosters Solicitors can help

Our Crime team represents people across Norfolk and Suffolk at police stations, magistrates’ courts and the Crown Court. Please contact our court defence team for a confidential conversation.

Frequently asked questions about jury trials

Have jury trials been scrapped in England and Wales?

No. The government has announced it will drop the proposed judge-only trials for either-way cases with a likely prison sentence of less than three years. Most contested Crown Court cases will still be heard by a jury.

Can I still choose a jury trial?

For now, yes. The government plans to remove this right through the Courts and Tribunals Bill, which is not yet law.

What is the maximum sentence magistrates can give?

Magistrates can currently impose up to 12 months’ imprisonment for a single either-way offence. The Bill would allow this to rise to up to 24 months through secondary legislation.

When will the Courts and Tribunals Bill changes take effect?

There is no confirmed date. The Bill must pass both Houses of Parliament and receive Royal Assent first.

Will the changes affect my case if I have already been charged?

This has not yet been confirmed. A criminal defence solicitor can explain how any new rules could apply to you.

This article was produced on the 16th October 2026 for information purposes only and should not be construed or relied upon as specific legal advice.