Courts and Tribunals Bill

I have made the difficult decision to abstain on the Second Reading of the Courts and Tribunals Bill.

I agree with the Government that our justice system urgently needs reform. The Coalition and subsequent Conservative Governments left the criminal justice system on the brink of collapse. When they left office, the Crown Court backlog had nearly doubled, from around 40,000 cases in 2019 to approximately 71,000.

This Bill contains a number of measures intended to help free up capacity in the Crown Court, including extending magistrates’ court sentencing powers, reforming the appeals process from magistrates’ courts to the Crown Court, and removing the right of defendants to elect trial in the Crown Court in certain cases.

While I recognise the Government’s intention to reduce delays and ensure justice is delivered more quickly, I have serious concerns about proposals that would erode the right to trial by jury. Jury trials are a cornerstone of our justice system and play a vital role in maintaining fairness.

The Government has not yet demonstrated clearly that the proposed changes will deliver sufficient reductions in the backlog to justify such a significant constitutional shift. A custodial sentence of up to three years is a serious and life-altering consequence. Offences carrying penalties of this magnitude should not lightly be removed from the possibility of being tried before a jury.

I am also concerned about the lack of diversity among circuit judges who sit in the Crown Court and would preside over judge-only trials. Currently, only around 36% of circuit judges are women, and around 10% come from minority ethnic backgrounds. 

For these reasons, I am unable to support the Bill in its current form. However, I recognise the need for reform, and I hope that amendments can be made during the Bill’s passage to ensure that necessary changes to improve court capacity are implemented while preserving the fundamental right to trial by jury.

I am grateful to everyone who has contacted me about this bill.