header-logo header-logo

08 August 2025 / Lloyd Firth
Issue: 8128 / Categories: Opinion , Fraud , Criminal , Procedure & practice
printer mail-detail

Judge or jury?

227497
The Leveson review proposes mandatory judge-alone trials in serious & complex fraud cases: Lloyd Firth argues this runs counter to the interests of justice

Part 1 of the Independent Review of the Criminal Courts, chaired by Sir Brian Leveson, was published in July. Leveson was tasked by the Ministry of Justice with conducting a wide-ranging review of the criminal court system. Part 1 focuses on reform and proposes various radical changes to criminal procedure and the court system in response to the current criminal justice crisis, with over 77,000 outstanding cases in the Crown Court and some trials listed for 2029.

This article focuses on Recommendation 44: that serious and complex fraud cases (defined by their hidden dishonesty or complexity that is outside the general public’s understanding) should be tried by a judge alone. Leveson recommends that the allocation decision be made by a judge at a preparatory hearing, effectively removing the right to jury trial for serious and complex fraud cases.

Less than persuasive?

Proposals for varying the right

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll