UK — The UK government has proposed removing the right of defendants accused of so-called either-way offences to elect whether they are tried in a crown court before their peers or in a magistrates court. The changes are anticipated to take effect in 2028 and will apply retrospectively to cases already in the system.

Under the proposed changes, if magistrates decide that a case should be tried in the crown court, it would be heard without a jury unless the court considered that the defendant was likely to receive a sentence of more than three years on conviction.

Adem Ay, 45, from Hackney Wick in east London, is facing a trial in July next year. Ay argued at Southwark crown court against delay, citing the possible loss of the right to a jury trial. Ay is representing himself. "I feel like speaking to people [jurors], who can essentially do a smell test of whether this is fair or not, is my only hope because there are so many restrictions happening with how much we can talk about our motivations, how much we can talk about climate change. A number of juries have found protesters innocent when there have been no legal defences available," Ay said.

Dawn Gordon, 22, from Belfast, is facing trial in the middle of next year in relation to slow marches. "With a jury trial, it could be that people say actually this was justified because this year we’re going to have heatwaves, it might be the hottest year on record again, and next we’ve got the super El Niño, and if I had my jury trial next year then people would have felt that," Gordon said.

Ludi Simpson, 73, from Bradford, is due to be tried in the spring next year for alleged criminal damage for throwing soup over a sunflowers painting by Vincent van Gogh in 2024. "Judges are not your peers as juries are. The judge will have no sympathy for the reason, the context, the situation in the world," Simpson said.

Amy Pritchard, 41, from London, is facing two trials next year for alleged public nuisance in relation to Insulate Britain protests in 2021. "It’s been hanging over me for a long time. In a context of absolute loss of faith in our justice system and government, the bit of democratic power that people have to intervene in the justice system is [being] taken away," Pritchard said.

A Just Stop Oil spokesperson said the proposed changes "will mean that Insulate Britain and Just Stop Oil supporters with outstanding trials will lose the chance to explain their actions in front of a jury. This will mean more guilty verdicts and more prison sentences for people who took action to limit climate catastrophe by standing up to the fossil fuel death cult."

A Ministry of Justice spokesperson said of the defendants’ concerns: "This is not true – most low-level protest offences including cases from previous Just Stop Oil protests are already heard in the magistrates courts."