Scrapping jury trials for offences under three years will hit working drivers

LMP Legal has raised serious concerns following the Government’s announcement that jury trials will be removed for criminal offences carrying a likely sentence of less than three years, with cases instead being heard in newly proposed “swift courts”.

The firm, which specialises in defending commercial and professional drivers, says the change risks undermining fairness for thousands of people facing prosecution after road traffic collisions - including HGV drivers, bus drivers, delivery drivers and those who drive for work every day.

Charlotte Le Maire, Partner and Founder of LMP Legal, said: “Removing jury trials for offences that still carry the possibility of custody is a major shift in the foundations of our justice system.

Under the reforms, defendants charged with “either-way” offences — currently able to elect for a Crown Court jury trial — will lose that right. Many of these offences include serious road traffic allegations where the consequences for drivers can be life-altering.

Le Maire explained: “These cases often turn on credibility, perception, memory and behaviour under stress. Replacing the collective judgment of twelve independent people with a single judge operating in a heavily pressured system raises real questions about fairness, legitimacy and transparency.”

Government Ministers have suggested the reform will reduce the Crown Court backlog, but LMP Legal says the evidence does not support this. “Delays in the criminal courts haven’t been caused by defendants electing jury trials,” Le Maire said. “They are the result of years of reduced sitting days, court closures and chronic underinvestment. Removing juries doesn’t address any of those root causes.”

Commercial drivers face the greatest impact

LMP Legal notes that professional drivers are already facing heightened scrutiny following the updated sentencing guidelines introduced in July, which now treat driving for work as an aggravating factor and allow for tougher penalties where a commercial vehicle is involved.

“For commercial drivers, a prosecution doesn’t just mean points or fines. It can cost them their licence, their income and their reputation,” Le Maire said. “Taking away the option of a jury in many of those cases feels deeply unfair.”

Call for transparency and safeguards

The firm is calling for urgent clarity on how offences will be categorised, what rights defendants will retain, and how fairness will be protected in complex, multi-party collisions, especially those involving fleet vehicles or serious injury.

“Three years is not a minor sentence,” Le Maire said. “We need reforms that improve efficiency without eroding the foundations of our justice system.”

LMP Legal will continue to work with industry partners across transport, logistics and fleet management to monitor the impact of the reforms and support drivers facing investigation.