Have jury trials been abolished in England and Wales?

No. Jury trials remain for indictable-only offences such as murder and rape, and for many other cases. The plan to widen judge-only trials has been scrapped, apart from some fraud and financial offences.

Can I still choose a jury trial if I am charged with an either-way offence?

At the moment, yes. Under the planned change, the court would decide where the case is heard instead of the defendant. This is not yet in force.

Why is the government making this change?

To reduce the backlog in the criminal courts, which stood at 80,829 outstanding cases at the end of June 2026.

Jury trials Scrapped in England and Wales: what the government's U-turn means for defendants

32 minutes ago

4 min read

Written by Sundre Communications · Published 7 October 2026 · Updated 7 October 2026 · Reading time: 5 minutes

Key takeaways

• The government dropped its plan to restrict jury trials for many serious offences on 3 October 2026.

• Judge-only trials will be allowed only for some fraud and financial offences.

• Defendants will lose the right to choose a Crown Court jury trial for either-way offences: the court will decide.

• None of this is law yet. The Courts and Tribunals Bill returns to Parliament later in October 2026.

The short answer. On 3 October 2026 the government dropped its plan to restrict jury trials for many serious offences in England and Wales, as ITV News reported. Judge-only trials will now be allowed only for some fraud and financial offences. However, defendants will lose the right to choose a Crown Court jury trial for "either-way" offences, because the court, not the defendant, will decide where those cases are heard. The changes are expected to be included in the Courts and Tribunals Bill, due back in Parliament later in October 2026.

In this article: Original proposal · What was scrapped · What remains · Offence types explained · What it means for you · Is it law yet? · FAQs

What was originally proposed?

Under proposals from the former Justice Secretary, David Lammy, jury trials would have been kept for "indictable-only" offences such as murder and rape, and for "either-way" offences likely to attract a sentence of more than three years. Other cases would have been heard by a judge sitting alone in a new "Crown Court Bench Division". The aim was to reduce the court backlog: Ministry of Justice figures show 80,829 cases still to be dealt with at the end of June 2026, nearly double the 2020 level (ITV News). The proposals drew on Sir Brian Leveson's Independent Review of the Criminal Courts.

What has been scrapped From Jury Trials?

The government has abandoned the wider expansion of judge-alone trials, including the proposed Crown Court Bench Division. Justice Secretary Alex Norris said the narrower package can be introduced more quickly and with less structural change, so the backlog falls sooner (ITV News, 4 October 2026).

What is still going ahead?

Judge-only trials for some fraud and financial offences. Detailed definitions of which cases qualify have not yet been published.
Courts decide where either-way cases are heard. Defendants will no longer be able to insist on a Crown Court jury trial. The decision on whether a case goes to the magistrates' court or the Crown Court will rest with the court.
Wider backlog measures. The remaining reforms in the Courts and Tribunals Bill continue, informed by the Leveson review.

What is the difference between indictable-only, either-way and summary offences?

Indictable-only: the most serious offences, such as murder and rape. These go to the Crown Court and are tried by a jury.
Either-way: offences that can be heard in the magistrates' court or the Crown Court, such as theft, some assaults and some drug and fraud offences. At present a defendant can choose a jury trial in the Crown Court (the right of election). Under the planned change that choice is removed.
Summary: less serious offences, including many motoring offences, heard in the magistrates' court without a jury. See our guide to motor offence legal fees.

What does this mean if you are charged with an either-way offence?

If the plan becomes law as announced, you would not be able to demand a jury trial for an either-way charge. A magistrates' court could keep the case or send it to the Crown Court, based on how serious it is. That is significant, because magistrates and juries decide cases differently and sentencing powers differ between the two courts.

The Law Society has warned that putting more cases into magistrates' courts risks serious cases facing summary justice, and the Victims' Commissioner has raised concerns about whether the plan is enough to cut delays (ITV News). Others have welcomed the decision to keep jury trials for most serious offences. The final detail will depend on what Parliament passes.

Is this law now?

No. Nothing changes for current cases until the Courts and Tribunals Bill is passed and its provisions are brought into force. Your rights in a live case today are those that apply now. If you are facing a charge, get advice early. See our other practice areas or contact the team.

Frequently asked questions

Have jury trials been abolished in England and Wales? No. Jury trials remain for indictable-only offences such as murder and rape, and for many other cases. The plan to widen judge-only trials has been scrapped, apart from some fraud and financial offences.
Can I still choose a jury trial if I am charged with an either-way offence? At the moment, yes. Under the planned change, the court would decide where the case is heard instead of the defendant. This is not yet in force.
When will the changes take effect? No date has been announced. The changes are expected to be included in the Courts and Tribunals Bill, which returns to Parliament later in October 2026.
Why is the government making this change? To reduce the backlog in the criminal courts, which stood at 80,829 outstanding cases at the end of June 2026.