Gender Diversity on the Bench and the Risks of Judge-Only trials

There has been significant debate over the Ministry of Justice’s proposals to curtail jury trials in England and Wales. Under the plans, cases likely to result in sentences of less than three years would be heard by a judge alone, rather than by a jury. 

Thirty organisations representing victims of violence against women and girls have written to Justice Secretary David Lammy urging him to drop the plans. They argue that these proposals could deepen mistrust in the justice system and that they risk unfair outcomes for women and girls who are victims of domestic violence or who have acted under duress or in self-defence. 

The letter also raises concerns about judicial bias. In cases involving violence against women, or where women are the defendants shaped by experiences of abuse, the composition of the judiciary becomes particularly significant. 

We, at Farore Law, believe this to be a concern considering the gender breakdown on the bench, where female judges remain underrepresented. As of 1 April 2025, only 36% of Circuit Judges were female, with representation in the High Court lower still at 30%. These figures highlight ongoing concerns about representation in the judiciary, which we explore further in our recent 2-26 report on the progression of women in the legal profession.

For a deeper analysis, please read our recent report here: Progression of Women in the Legal Profession.