Burnham is set to scrap Starmer's judge-only trial plans but will still strip defendants of right to choose crown court

From the Newshound archive · first published 19 September 2026.

Andy Burnham is poised to abandon his predecessor Keir Starmer's plan to create a new division of the Crown Court where criminal cases would be decided without a jury, marking a significant U-turn after furious backbench pressure. Burnham had already signalled his unease before entering Downing Street, saying his instincts were "not to reduce access to jury trial." However, ministers are still planning to remove defendants' historic right to elect for a crown court hearing in so-called "either-way" offences. Critics warn the partial climbdown still vandalises an ancient constitutional right rooted in Magna Carta.

The original Starmer-Lammy plan would have removed jury trials for offences carrying sentences of under three years, replacing 12 independent minds with a lone judge.

Defendants accused of "either-way" offences would still lose the right to choose crown court under the remaining Courts and Tribunals Bill proposals.