The announcement by the Justice Secretary in the Autumn of 2025 that he intends to remove the automatic right to appeal a conviction and sentence from the Magistrates Court, and to elect jury trial for eitherway offences, has been well published and commented on. The genuine concerns about the removal of the statutory rights of an individual to be allowed to appeal a decision from the Magistrates Court and to elect trial by ones peers, is not one that has been accepted by criminal defence lawyers as a forgone conclusion to be passed through the Houses of Parliament
Criminal defence solicitors and criminal practitioner barristers have joined together in their opposition to the Justice Secretary’s decision and have vowed to try to defeat the Bill to go before the House. Joint meetings of a plan of action have already taken place in London. More meetings are planned
The solicitors representative group (LCCSA) president Mr Jason Lartey and Chair Ms Katy Hanson as well as Labour MP Mr Karl Turner (a former shadow justice secretary) addressed the meeting. Mr Turner MP criticised the government’s decision as ‘utterly ludicrous and unworkable’. It was discussed as to whether an approach in parliament, might put forward ‘as a last resort’ the idea of piloting a Crown court bench division. There was though some scepticism from Exeter University’s Rebecca Helm, author of How Juries Work, when she told the meeting that any benefits from the pilot would be difficult to measure and pilots are expensive to set up.
The Vice Chairman of the Criminal Bar Association, Mr Andrew Thomas KC, said the CBA also opposes the removal of the automatic right of appeal from the magistrates’ court to the Crown court. Describing the right as an ‘important safeguard’, Mr Thomas KC said more than 40% of appeals succeed ‘and they are not a great burden on the Crown court’.
Similar concerns were also ventilated by the former CBA chair Mr Chris Henley KC saying ‘The idea that receiving a three-year sentence is not a big deal and can be done differently, then why have juries at all? When you’re facing a sentence of imprisonment that can change your life, will end your job prospects, end your marriage, change your relationship with your children, that is something we need to carefully think about.’
The meeting ended with suggestions of returning to the devastating industrial action we saw from the Bar in 2022 and solicitors in 2014. This is something everyone is keen to avoid. However, this matter is such a concern to practitioners, strike action cannot be ruled out
Watch this space