Experts have issued an urgent warning to motorists that could see them seriously impacted by new rules designed to scrap many jury trials.
The Government has confirmed that a “modernisation of the criminal courts” will take place to help victims of crimes as it looks to launch a fast-track scheme.
Data shows that tens of thousands of victims are still waiting for justice, with the caseload backlog expected to hit 100,000 by the end of this Parliament.
Justice Secretary and Deputy Prime Minister David Lammy unveiled the new changes earlier this week, which will see the removal of jury trials for crimes with a likely sentence of three years or less.
These crimes will instead be heard by a single Judge in a “Swift Court”, rather than a Crown Court. The Government estimates that this will take 20 per cent less time compared to a jury trial.
However, motoring experts are warning that road users could find themselves impacted by the new rules, especially if they drive for a living.
Charlotte Le Maire, specialist transport lawyer and founder of CrashLaw24’s legal partner, LMP Legal, said: “Taking away the right to choose a jury for offences that can still lead to prison is a significant change.
“Many driving cases turn on split-second decisions, stress, memory and perception. These are exactly the types of cases where the shared judgment of 12 independent people matters.”
Experts have warned that David Lammy’s new judicial changes could impact millions of drivers
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Experts have warned that drivers facing prosecution after a collision could be seriously impacted, especially HGV drivers, bus and coach drivers, delivery workers and tradespeople.
These so-called “either-way” cases can be heard in the Magistrates’ Court or the Crown Court, depending on how serious the incident is.
Ms Le Maire highlighted how drivers can currently choose whether to have a jury trial for their offence, but that the new rules could remove that choice.
She outlined that drivers need to know that the facts of their case will be tested “properly, openly and fairly”, rather than having a single judge hand down a verdict.
Experts are warning that licence points could have a huge impact on people who need to drive for work
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PAExperts from CrashLaw24 have also noted that court delays have not solely been caused by driving offences, but rather by underfunding and reduced sitting days.
Ms Le Maire continued, saying: “For anyone who drives for work, a prosecution can mean far more than points or a fine.
“It can take away their income and stability. Removing the option of a jury in many of these cases is a major concern.”
As a result of the changes, the legal organisation is calling for clarity on how offences will be categorised, and which rights defendants will keep.
It also questioned how fairness would be protected in complex collisions, including those which involve multiple vehicles or serious injuries.
Deputy Prime Minister David Lammy blamed the previous Conservative Government for leaving Labour with a “justice system in crisis”.
He continued, saying: “These reforms are bold and it will take time to turn the tide on the rising backlog, but these measures are necessary to tackle the emergency in our courts.
“We are putting victims before tradition for tradition’s sake and fairness before those who want to game the system.”