SENIOR barristers have accused the Justice Secretary of misrepresenting figures about rape cases to fast-track the abolition of jury trials.
David Lammy has been branded as “cynical” for suggesting that 60 per cent of victims are abandoning cases because of court system delays.
Actual figures reveal that most cases are abandoned before a charge is brought because of factors like policing delays.
The Times reports that the number of victims withdrawing post-charge is just 8 per cent.
A 13-page briefing was circulated among Labour members instructing them how to best defend Lammy’s jury abolition policy, and provided key points of defence for the policy.
Among these was the phrase: “In rape cases, 60 per cent of those who report being raped are now pulling out before trial.”
Lammy has previously told Sky News: “If a woman is, sadly, raped in our country today, she will likely have her trial come on in 2028, maybe 2029.
“That’s a long time for her to wait.
“Victims of rape are pulling out — 60 per cent are pulling out of cases — witnesses fall away, and the trauma of waiting is too hard.”
However Chris Henley KC, who has appeared in several high-profile trials, said: “Delays pre-charge or a change of mind pre-charge can’t be blamed on the backlog.
“So much of what Lammy says to defend these proposals is inaccurate. He must know. It’s really cynical.”
Lammy, according to Henley, is either cynical or “staggeringly gullible” about the data.
The Ministry of Justice has backed Lammy, describing the comments made by a selection of lawyers as “completely misleading.”
According to the government department, Lammy “has been clear that justice delayed is justice denied, and it is unacceptable that 60 per cent of victims who report rape drop out of the criminal justice system.
“Court delays are a crucial factor in discouraging people from seeking justice at all stages — this is attested to by victims and victims’ groups.”
It comes amid controversy around the government’s planned introduction of “swift courts.”
The policy would see half of crown court cases held without a jury, instead a judge would sit alone and decide a defendant’s guilt in cases that carry sentences of up to three years.
Lammy’s policy is aimed at tackling the extensive delays in bringing trials through the court system
Under the plans far more cases will be left to magistrates and their sentencing powers will be increased to 18 months.
It is claimed by the Justice Secretary that the policy would cut trial times by 20 per cent and bring the system ” back from the brink of total collapse.”
However, Sir Brian Leveson’s review, where the figure comes from, found 20 per cent was an estimate.
According to the review “further detailed analysis” should be considered before changing policy.
Lammy has also come under fire after recently telling the BBC magistrates courts did not have a significant backlog.
But, the magistrates backlog reached a high of more than 360,000 at the end of June, a rise of more than 70,000 since last July.
Senior lawyers have told the Times, other measures, including removing the cap on the number of days judges can sit and improving prisoner delivery to court, have been overlooked because of cost.
During the first six months of 2025 75 trials were cancelled because of prison escort services failing to deliver defendants to crown court.
Geoffrey Rivlin KC, a former deputy High Court judge, told a conference for criminal barristers on Saturday: “No one imagines that this will reduce the backlog.”
A staggering 60 Labour MPs are railing against Lammy’s plans – including Angela Rayner who previously held the role of Deputy Prime Minister.
She has reportedly told allies there are unanswered questions about access to justice and whether Lammy’s policy would cut the court backlog.
MP Karl Turner, a former shadow attorney-general, described the proposal as “wrong-headed.”
According to the member for Hull East the proposals would pile pressure onto the overstretched magistrates’ court system.
Lawyers also warned of the increased risk of miscarriages of justice.
Lammy will have to answer questions from the justice committee in parliament this month.
