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Courts Bill Faces Lords Test on Jury Trial Changes

By The Daily Byte ·10 Nov 2026 ·4 min read
The Palace of Westminster in London, with the Elizabeth Tower, under a cloudy sky

Members of the House of Lords begin their detailed examination of the Courts and Tribunals Bill today, Tuesday 10 November, in a committee stage that will test the government's plans to change how criminal trials work in England and Wales.

The Bill aims to make structural changes to the operation of the criminal courts. It would remove the right of defendants to elect a Crown Court trial in cases that can be heard in either court, reform the appeals process from the magistrates' courts to the Crown Court, and introduce a new mode of trial by judge alone for certain financial cases. It would also reform the law on evidence and procedure in sexual offence prosecutions, alongside technical changes including provisions on magistrates' expenses and the naming of the Central Criminal Court.

Two days of committee stage have been scheduled so far: today and Monday 16 November. Committee stage is the line-by-line examination of the Bill, with members working through the clauses in order and considering amendments to the wording.

What peers will debate on day one

Members speaking on the first day will consider amendments on subjects including the rules and limitations around judge-only trials, oral judgments within one week of a verdict, custodial sentences in the magistrates' courts, the defendant appeals process, jury equity and protection for advocates, and the transport of persons in custody.

The session can be watched live on Parliament TV from 3.15pm, and the Lords Hansard transcript will be available from about three hours after the debate.

Jury trials at the centre of the debate

The most contested part of the Bill concerns jury trials. Clause 1 would remove the ability of an adult defendant charged with an either-way offence to elect a Crown Court jury trial. Instead, a magistrates' court would decide whether the case should remain in the magistrates' court for summary trial or be sent to the Crown Court.

Clause 3 would allow a court to order that certain complex or lengthy cases be tried by a judge without a jury. The offences covered include fraud, tax evasion, false accounting, insider dealing, money laundering, terrorist funding and bribery. Homicide offences, sexual offences and certain ancillary offences cannot be tried without a jury under the Bill, and the Secretary of State would have the power to amend the list of eligible offences by regulations.

The House of Lords Constitution Committee has warned that the changes are of constitutional importance. In its report on the Bill, the committee said changes to trial by jury "should be made with due care and attention and only on the basis of a strong justification by the government". The committee also noted that the Bill provides no right of appeal against an order that a trial take place without a jury, and the Lords Delegated Powers Committee has recommended removing ministers' power to add offences to the judge-only list by regulation.

The version of the Bill reaching the Lords is narrower than the one first introduced. Ministers have dropped the plan for a separate Crown Court Bench Division in which trials would have been conducted by a judge alone, and scrapped proposals to allow non-jury trials for either-way offences likely to be punished with up to three years' imprisonment.

Why the government says change is needed

The Bill follows Part One of Lord Brian Leveson's Independent Review of the Criminal Courts, which examined how to cut delays in the justice system. According to Ministry of Justice figures, the Crown Court had 80,829 open cases at the end of June 2026, a record for the series and 3 per cent higher than a year earlier. Of those, 23,706 cases had been open for at least a year, also a record. Magistrates' courts had 380,230 open cases at the same point, another record.

The Bill completed its House of Commons stages on 13 October 2026, was introduced in the House of Lords on 14 October, and passed its second reading in the Lords on 27 October. Peers will return to the committee stage on Monday 16 November, with further dates possible if more time is needed.