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David Lammy's plans to scrap the automatic right to appeal risks increasing miscarriages of justice and will remove "vital safeguards" against unfair trials for vulnerable defendants, lawyers and campaigners have warned.

Speaking in the House of Commons on Tuesday, the Justice Secretary said that he will limit appeals from the magistrates courts to the Crown Court "to prevent justice from being delayed further". The change means defendants who are convicted by volunteer magistrates will not have the automatic right to have their case re-heard at the Crown Court.

The latest proposals on appeal rights form part of sweeping reforms outlined this week, which aim to reduce the unprecedented backlog of cases in the criminal courts. In his statement to MPs, Lammy described an "emergency in our courts", where 78,000 cases are currently awaiting trial across England and Wales. The caseload is expected to reach 100,000 by 2028.

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Lammy's package of measures will see cuts to thousands of jury trials in all but the most serious cases, including murder. Judges alone will decide the majority of crimes currently before Crown Courts, such as theft, drugs, fraud and violent and sexual offences. A tier of judge-only "swift" courts will be established to hear cases without a jury.

Magistrates courts will also see an increase in powers, dealing with maximum sentences of at least eighteen months. Most cases - around 90% - are currently heard by magistrates, but the number of volunteers in England and Wales has dropped significantly in recent years, from over 30,000 in 2010 to 14,636 in April 2025.

The Justice Secretary's plans were met with criticism from MPs in the House of Commons, with Stella Creasy warning that "it's hard to see how this will address the backlog" and Labour MP Karl Turner describing the move as a "massive mistake".

The proposal to remove automatic appeals rights follows a review of the criminal courts by the retired judge Sir Brian Leveson. In the first stage report, published in July, Leveson recommended that the automatic right to appeal should be replaced with a requirement for the defendant to apply for permission to appeal. Leveson also recommended that the government should remove the requirement for a re-hearing in the Crown Court.

According to Leveson, 41% of defendants who appealed against their conviction were allowed. The latest figures show that nearly half (44%) of those pursuing an appeal against their sentence were upheld.

"Removing the automatic right to appeal will make it infinitely more difficult for people to access justice," said Nicholas Jennaway, criminal solicitor at Bindmans.

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"The proposals are likely to lead to more errors and will remove a vital safeguard for defendants to appeal their conviction, which is extremely concerning. This seems to be about making speedy decisions rather than delivering justice."

Fiona Rutherford, Chief Executive of law reform charity JUSTICE, said: "The Government's announcement raises more questions than it answers. There is no evidence that scrapping the automatic right to appeal or curtailing ...