Burnham set to scrap judge-only trials but jury curbs for lesser offences remain on the table

From the Newshound archive · first published 19 September 2026 · last updated 20 September 2026.

Andy Burnham is preparing to abandon the plan introduced by his predecessor to establish a judge-only Bench Division for offences carrying sentences of three years or less, retreating after pushback from roughly 40 Labour MPs and upwards of 3,200 legal professionals. The move falls well short of a complete reversal, however, as ministers are still examining whether defendants should lose the right to opt for a Crown Court jury trial in either-way offences. The Courts and Tribunals Bill comes back before the House in October, with the Lord Chancellor reported to be weighing a broad spectrum of opinion.

The backlog driving the push for reform has swelled to over 80,000 cases yet to be heard in the Crown Court, with some hearings not listed until 2030.

Burnham's team argues that removing defendants' election rights for Crown Court trial would stop lower-level matters — drug possession and dangerous driving among them — from clogging the system for years.

More than 15,000 prisoners across England and Wales are currently held on remand awaiting trial, heaping pressure on ministers to find a solution.