David Lammy is facing a showdown with Labour rebel leaders over his plans to strip thousands of defendants of a right to a jury trial.
Up to 65 Labour MPs are believed to be ready to rebel against the justice secretary’s plans ahead of the first vote of the controversial bill on Tuesday.
MP Karl Turner, a former Starmer loyalist, is leading the calls for a rethink.
ButThe Independent has also learnt that former deputy prime minister Angela Rayner is among those considering voting against the plans at the later stages unless she receives assurances on safeguards in the legal system.
A source close to Ms Rayner said: “She is not just supporting the government on this. She is picking and choosing what she pushes back on because she does not want to just jump on every bandwagon.
“But with jury trials she wants to hear reassurances on safeguards before she makes a decision on how to vote.”
Mr Turner told The Independent it would be “misleading” to say there are currently enough rebels to defeat the bill “at this stage”. It is expected to pass its first hurdle on Tuesday with the second reading vote.
However, it is believed the bill may run into difficulties when MPs can put down amendments in the next committee and report stages. Even if it eventually clears the Commons, it is likely to run into trouble in the Lords.
Peers have noted that they are not bound by the Salisbury Convention of having to eventually agree to the legislation because it did not appear in Labour’s election manifesto.
The proposals would strip the right to a jury trial for all offences which carry a maximum of up to three years in jail.
Mr Turner said: “It is a terribly shameful place to be in. I am devastated that it is my government doing this.”
The former barrister added that he expected the bill to be challenged outside of parliament. He said: “This is inevitably going to lead to yet another unhappy, costly ending for this government when an inevitable judicial review succeeds.
“The Law Society and the Bar Council will want to take advice from specialist lawyers on this, if it ever comes to pass. I will eat my horsehair legal wig, that I haven’t donned since 2010, if this ludicrous proposal isn’t challenged.”
Mr Lammy has said he is willing to have discussions with colleagues who are opposed to the reform on jury trials but insisted the courts need to be modernised.
In a speech last month defending the reforms, Mr Lammy said: “Jury trials now take twice as long as they did 25 years ago.
“And we should remember that, since Magna Carta, no part of our justice system has stood still. Governments of all stripes have adjusted where cases are heard to meet the needs of their time.
“Let us not forget governments have changed the threshold of crimes going before juries before.
“Margaret Thatcher reclassified crimes including taking a motor vehicle without authority and raised the threshold for criminal damage so that they would no longer be subject to juries at all.
“What we’re proposing changes the threshold for juries. Idoes not change the fundamental right to a fair trial which remains absolute.”
