The founder of Sir Keir Starmer’s former barristers’ chambers has condemned Government plans to curb access to jury trials as a “betrayal” of Labour values and a “cure worse than the disease”.
Geoffrey Robertson KC said the proposed reforms would “take an axe to a piece of English heritage” in a 31-page polemic published on the Bar Council website.
Mr Robertson is a founder and a former joint head of Doughty Street Chambers, where Sir Keir and attorney general Lord Richard Hermer worked during their legal careers.
Deputy Prime Minister and Justice Secretary David Lammy was also made an associate tenant at the human rights set in 2020.
In a document titled For Mercy’s Sake published on Monday, Mr Robertson said “attacking juries must be regarded as a betrayal of the values for which Labour purports to stand”.
“Given its record of support for progressive causes, for free speech and peaceful political protests, the bill does seem a betrayal of Labour traditions and values,” he said.
“MPs who vote in favour will be on the wrong side of their party’s own history.”
Under Government proposals, cases with a likely sentence of three years or less would be heard by a single crown court judge, and magistrates would potentially deal with cases with a likely sentence of up to two years.
It follows recommendations from a review by retired Court of Appeal judge Sir Brian Leveson published last year.
Saying the reforms were unlikely to achieve the aim of easing the courts backlog, Mr Robertson warned every case tried without a jury would require written reasonings, making judges unavailable for that time to hear other cases.
“These considerations – and there are others – will impede the work of reducing the backlog,” he said.
“Once Leveson is seen for what it requires of court time and resources, jury removal may well be a cure worse than the disease.”
The Courts and Tribunals Bill cleared its first Commons hurdle last month despite dissent on Labour back benches, including accusations from one MP that Mr Lammy was using victims as a “cudgel” to push them through.
Charlotte Nichols, who represents Warrington North, spoke publicly for the first time about being raped, as she said “experiences like mine feel like they’ve been weaponised and are being used for rhetorical misdirection”.
Meanwhile, Kingston upon Hull MP Karl Turner, a qualified barrister who has been an outspoken critic of the proposals, lost the Labour whip last month.
The Press Association understands he was informed by Chief Whip Jonathan Reynolds of the suspension “following his recent conduct”, but Mr Turner said he wanted a “full explanation” and believed the move was linked to his stance on the reforms.
PA understands the decision to withdraw the whip from Mr Turner will be reviewed at a later date.
A Ministry of Justice source said: “The criminal justice system we inherited is on the brink of collapse. Years of inaction by the Tories have created a system that is no longer fit for purpose, where justice delayed has become justice denied.
“Only a combination of investment, modernisation and reform can turn the tide on the backlog before the end of the Parliament.
“As Sir Brian Leveson has made clear: ‘More money and efficiency measures alone will not be sufficient’.
“That is why our approach pulls every lever – investment, reform and modernisation – to stabilise the system and begin to turn the corner on the rising backlog by the end of this Parliament.
“The alternative to this package is the Tory status quo: continued drift, collapsed trials, and victims walking away from the system entirely.
“Instead, this Labour Government, led by its values, chooses a system that works for victims, providing brave survivors with the 21st-century justice they deserve.”
