Yasmin Qureshi MP: speeches

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Speeches

  • 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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    I thank the Minister for her response. I have made my points—throughout the Committee’s proceedings, I have been making points about the issue of jury trials—and I will not add anything further. I beg to ask leave to withdraw the clause. Clause, by leave, withdrawn. New Clause 22 Remote Court Participation: Strategy “(1) The Lord Chancellor must, within 12 months of the passing of this Act, lay before Parliament a strategy for the use of remote proceedings to reduce the case backlog (‘the strategy’). (2) The strategy must include— (a) an assessment of the current use of remote proceedings; (b) an evaluation of the impact of remote proceedings on the speed of case disposal and the overall reduction of the outstanding caseload; (c) recommendations on how the principle of open justice can be upheld with the increased use of remote proceedings; (d) criteria for determining the suitability of proceedings for different forms of remote participation; and (e) provisions for the security, reliability, and resilience of digital systems used in remote proceedings. (3) The Secretary of State must, at intervals of no more than 24 months following the laying of the strategy, lay before Parliament a report on progress made against the strategy. (4) The progress report must consider— (a) the extent to which the strategy has been implemented; (b) the impact on the criminal case backlog, including any measures by which that impact has been assessed; and (c) any further legislative or budgetary provisions to ensure the effectiveness of remote proceedings. (5) For the purposes of this section, ‘remote proceedings’ means any proceedings in which one or more participants attend by way of live video or audio link.”— (Jess Brown-Fuller.) This new clause requires the Lord Chancellor to publish a formal strategy for the use of remote proceedings to reduce the case backload in the criminal justice system. Brought up, and read the First time. Question put, That the clause be read a Second time

  • 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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    I take your ruling and guidance, Dr Huq. I was trying to explain it because the disparities are important and the issue does affect people. I ask the Government to think about new clauses 32 and 33, because they will hopefully have an impact on joint enterprise. I will not press them to a vote.

  • 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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    I beg to move, That the clause be read a Second time. The new clause is, in some respects, fairly self-explanatory, in that it provides that cases should not go to the Crown court without being trial-ready. In essence, it is a safeguard —we could call it an oversight amendment—that is linked to the jury trial reforms in the Bill. The rationale behind the new clause is to reflect concern that the Government are making significant changes by removing or restricting jury trials without strong evidence of impact. It aims to introduce caution, likely through a review, limits or accountability mechanisms. In that respect it is similar to the approach in new clause 27, about piloting, but it is more about ongoing scrutiny than delaying implementation. We are trying to say to the Government: “If you are going to do this, please prove that it works and build in the safeguards.” That aligns with the position of the Bar Council and others in the light of the argument regarding jury trials. It fits with the fact that the Government are trying to make structural change, but we say that, before they do that structural change, they should look at all these things before cases are sent up to the Crown court. I will not be pressing the new clause to a vote.

  • 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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    It is a pleasure to serve under your chairship, Dr Huq. New clauses 32 and 33 can be considered almost part and parcel of each other. Our earlier discussion of new clause 29 involved a similar issue, but these new clauses are much more specific. New clause 32 would introduce a duty to commission an independent review of racial disproportionality arising from the changes to jurisdiction powers and procedures in the magistrates court, and from the operation of the new trial-allocation provisions in clauses 1 to 7. The Government’s equality impact assessment of the proposal to restrict access to jury trial refers many times to the lack of evidence that the proposals in the Bill have a racist or discriminatory outcome, but the impact assessment does not refer once the Secretary of State’s own 2017 review, which showed reduced racial disparities in jury trial outcomes. Absence of evidence is not evidence of absence. The new clause would mandate a full review of racial disproportionality before the changes are made. At a time when trust in the justice system among the black, Asian and minority ethnic community is already low, why rush through these changes before we have the full picture? New clause 33 would introduce a duty to conduct an independent review of whether clauses 1 to 7 give rise to disproportionate impacts on particular classes of person. It is welcome that, in December last year, the Government announced a £92 million investment in criminal legal aid, after years of neglect. However, it will take a while for that investment to have an impact on the disproportionate outcomes across the criminal justice system for working-class defendants, young males and, in particular, vulnerable people. Juries are hailed as the fairest component of the legal system, and are widely accepted as more likely to provide an equitable outcome than the judiciary, who are still overwhelmingly privately educated and from particular backgrounds. One of the big issues—this applies to new clause 32 as well as to new clause 33—is that joint enterprise is often used as a dragnet for marginalised and vulnerable communities, impacting not just black people but neurodivergent and working-class communities. For those who may not be fully aware, a 2016 Supreme Court decision recognised that joint enterprise had been used wrongly for the past three decades. Despite that, little has changed. Very few appeals have been accepted, and there is significant evidence of the continued misuse of joint enterprise. This fills prisons with people of no risk to the public, who are labelled as murderers when they have not killed anyone—an expensive travesty of justice. They are often sent to jail or given longer sentences than they should have received on the basis of assisting or encouraging a crime. They are found guilty by association. In our criminal justice system, joint enterprise essentially means that if someone has aided, abetted, counselled or procured the commission of an offence, they can be found guilty of an offence committed by someone else. However, the role they have played may vary, and the sentencing powers often reflect that. In reality, a lot of bystanders or people watching, or people who may have known one of the parties but did not take part in the crime, will also end up getting convicted. There has been an attempt to rectify that with a private Member’s Bill, but so far nothing has happened. Some miscarriages of justice have been challenged, and some cases have received further examination. Dr Nisha Waller of the Centre for Crime and Justice Studies states that “joint enterprise laws are vague and wide in scope, causing systemic injustice, including overcriminalisation, overpunishment, discriminatory outcomes, and convictions where there is no compelling evidence of intent” or even “a defendant’s physical contribution”. Dr Waller’s research shows that the current law is flawed and that it “encourages…the police and Crown Prosecution Service to charge suspects based on poor-quality evidence…highly speculative prosecution case theory to take precedence over…evidentiary foundations…the use of gang narratives and vague concepts such as ‘in it together’ to construct collective intent.” She says it allows for a lot of young people to be stereotyped and criminalised, and recommends that “the scope of secondary liability law needs to be narrowed in favour of a clearer and safer legal framework.” One reason why it is important to address this issue, in conjunction with new clauses 32 and 33, is that the very people who would be affected by the new clauses are the people who are affected by the law on joint enterprise. I pay tribute to Joint Enterprise Not Guilty by Association, which has been doing tremendous work in this area for many years. The most recent research by Appeal, which has been monitoring joint enterprise in court cases, concluded: “There is a clear departure from what the law of complicity should be” and that: “Secondary liability is often diluted to little more than association, suspicion, and story.” It says: “Prosecution narrative strategy has replaced evidential clarity…meaning joint enterprise trials are often not a truth-seeking process.” It concludes that the way joint enterprise laws are currently used is “producing injustice at scale” and that: “Public money is being used to stage justice, rather than deliver it.” Research by Becky Clarke and Patrick Williams at Manchester Metropolitan University shows that nearly £250 million is spent on prosecuting defendants in joint enterprise cases every year. The total future punishment of the 1,088 people convicted under joint enterprise cases each year costs the taxpayer £1.2 billion. Finally, the report “In Their Own Words”, which is based on a series of family listening days organised by JENGbA, detailed the devastating impact of joint enterprise convictions on families and friends—

  • 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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    I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 9 ordered to stand part of the Bill. Clause 10 Evidence about previous false complaints relating to sexual offences Question proposed, That the clause stand part of the Bill.

  • 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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    I beg to move amendment 68, in clause 9, page 20, line 12, leave out “substantial probative value” and insert “relevance”.

  • 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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    I beg to move amendment 70, in clause 13, page 27, line 37, at end insert— “(7) Disclosure of the details of any connection between the independent supporter and the complainant is required prior to seeking the court’s agreement of the independent supporter.” This proposed addition is simple. The clause centres on witnesses being accompanied while giving evidence. Essentially, it states that if somebody wants another person to accompany them, they should be able to do so if the court is satisfied that they meet the various criteria. The amendment proposes a seventh criterion requiring that the independent supporter must not be a connected person—that is, a friend, a member of the family or a relative. That is for an important reason: we know that in offences involving domestic abuse or sexual offences, the victims and witnesses can be traumatised, distressed and vulnerable, in which case they can be suggestible when it comes to comments, ideas or suggestions about something that they might not even have seen. That is why the person accompanying the witness should be independent. I shall illustrate that argument by explaining what happens to children’s evidence when taken as evidence in chief. Often, a specialist lawyer, police officer or even psychologist is present when children give evidence. Sometimes, photographs, diagrams or pictures are shown to the children so as to elicit the best evidence out of them. Whenever such a trial takes place, the notes that a psychologist or other trained person has taken, and the pictures they may have shown to the child to get the best evidence, are adduced in court. There is always a suggestion that the person carrying out the interview may deliberately or inadvertently have put an idea in the head of the child, who may end up saying something that did not actually happen or emphasise that something was stronger than it was. This small amendment says that this approach should apply to adults as well. It says that the connected person must not be family, a friend or a relative. Often, the first person a victim will talk to will be a friend or family member. I do not think that that would be very good. At the end of the day, we want to make sure that convictions are safe and that the best evidence comes through.

  • 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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    I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Question proposed, That the clause stand part of the Bill.

  • 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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    It is a pleasure to serve under your chairship, Ms Jardine. The amendments are fairly self-explanatory: they just ask to insert a few words. I will leave it at that.

  • 23 Apr 2026 · Courts and Tribunals Bill (Ninth sitting) · Hansard source
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    I beg to move amendment 67, in clause 8, page 19, line 13, after “charge” insert— “including any behaviour or communication preceding the charge that is connected to the event itself”.

  • 23 Apr 2026 · Courts and Tribunals Bill (Ninth sitting) · Hansard source
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    That is exactly the point I am trying to make. I think we sometimes forget, sitting in our rarefied environment, that a lot of the people out there—our citizens—are not well educated or able to write a proper paragraph or construct an argument. Sometimes they can just about get two or three simple sentences together. As they often do not have legal representation, allowing them to automatically appeal against a sentence or conviction is a really important safeguard for them. The Crown court and Court of Appeal criminal division is not the right comparison, because in most Crown court cases people have full legal representation who will be able to advise on this. The other thing we found is that apparently 40% of appeals are successful. Think about that: four out of 10 appeals are successful. If people do not have a right to appeal, they have to find a way to make a legal argument on matters of law, which they know very little about. Asking them to do that is basically letting four out of 10 people be convicted or receive a sentence that could have an impact on their lives. On sentences, when a conviction happens, even if it is in the magistrates court, it fundamentally affects people’s lives. It could mean that they are not able to get a job again or are dismissed from the job they have. If someone’s job involves driving and they are disqualified because of drink driving, that will be an extra burden on them, but it is not just that. Even if someone gets a suspended sentence or community service order for what we call smaller offences, a lot of people are not able to do that. Taking away their right to appeal is, with respect, very harsh. Legal aid has already been reduced considerably over the years. I have to put the blame for that on the Conservatives, because they massively cut legal aid while in government. They also massively restricted the rights of judicial review. In that respect, I have to hold the Conservatives a bit responsible for what they did in 14 years in power. I am very grateful that the Labour Government have put money into legal aid—that is great—but I ask them to please give that to the magistrates court as well. I have travelled in different parts of the world where the justice system is perhaps a bit haphazard or where there is not much trust in the state’s justice system, for whatever reason. It does not necessarily have to do with the wealth of a country; there are very wealthy countries where the state is much more authoritarian and the institutions are almost stacked against the individual. The one thing that people really love about the UK, apart from our beautiful country and everything else, is our judicial system. I am not just saying that; it is the most respected system in the world, especially our criminal justice system, because people feel that they have protection at the point that their liberties are being taken away. Think about a conviction for shoplifting: people say, “Oh, shoplifting,” but even if someone takes a bottle of milk out of a shop, they may get a conviction and there will be hundreds of jobs that they can never apply for. For a lot of people who rely on shop work or other manual jobs where they may come across money, it means that they are never going to get a job. If they get a conviction in the magistrates court for theft, that is devastating for them. The Theft Act refers to the “intention of permanently depriving”. That is quite important, because people make mistakes, but intention has to be proved, because the Theft Act requires it. It is not just taking the thing; it is the intention to permanently deprive. How do we define “permanently deprive”? A layperson would not know how to construct that argument, but a lawyer would.

  • 23 Apr 2026 · Courts and Tribunals Bill (Ninth sitting) · Hansard source
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    I will not press the amendment, which is self-explanatory, to a vote, but I ask the Committee and the Minister to think about it.

  • 23 Apr 2026 · Courts and Tribunals Bill (Ninth sitting) · Hansard source
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    It is a pleasure to serve under your chairship, Dr Huq. I will speak to amendments 64 to 66, tabled by my hon. Friend the Member for York Central. We have had a discussion about this provision. The amendments seek to give a right to renew an application for permission to appeal orally, and to allow grounds for appeal to raise issues of procedure and fact arising in the trial, as well as issues of law. Clause 7 currently suggests that a person can only appeal in writing on matters of law, which means that a person is going to have to construct a proper legal argument. The problem with that is that the majority of people in the magistrates court are unrepresented. It is wrong to say that this is comparable with Crown court cases going to the Court of Appeal, or the higher courts having to deal with the issue of leave to appeal—for example, as in judicial review. Magistrates courts tend to have some very “minor” offences leading to some quite serious repercussions. When I say “minor”, I am talking only in terms of sentencing, because we must remember that offences that we call minor can have a significant impact on a defendant’s life—for example, even drink driving, which does normally not carry a custodial sentence, certainly carries a disqualification. That is also often a mandatory disqualification so that no discretion is given to the magistrates as to whether they should disqualify somebody. If someone is the sole breadwinner, or has care of a disabled person, and they feel that this conviction was wrong, they will not have the right to appeal—because very rarely will somebody charged with those matters will be getting legal aid. However, in the Crown court, most people will have legal aid or be using legal advice at some point, because the trial will normally be conducted by solicitors or lawyers. Therefore, they are already being paid and if there is an appeal against either conviction or sentence, they already know what they are talking about and what they need to quote—the legal jurisprudence that they need to refer to, to prove their case—along with the issues with examining the witnesses or the evidence that has been given. They are then able to say, for example, that a particular witnesses’ evidence was not credible or that a witness said contradictory things or different things in their statement to the police compared with during the trial. They can do that because they have conducted the trial and they can forensically examine what happened—not only what legal direction the judge gave, but the factual evidence that came out during the trial. In the magistrates court, most people are not represented, so they cannot argue all those things. To take away the automatic right to appeal is, therefore, a change to the fundamental basic rights of an individual. Let us remember that the state has all the might and all the resources, and that professionals will be prosecuting—whether they are lay prosecutors, Crown prosecutors or independent lawyers. On the one side, there will be the state represented by legal professionals; on the other, there will be the lone individual coming up by themselves to be subject to trial. If they are then not satisfied with the conviction or the sentence, they must then think how to legally write an appeal. That is putting a lot of pressure on them. As Members of Parliament, many of us will have met many constituents who are quite reluctant to even write to us. I often say to constituents, “Please can you drop us an email?” and they say, “Well, I don’t know how to use a computer, and I don’t have the internet at home.” We then make a face-to-face appointment so that they can explain themselves. That is not unusual because a lot of people are not able to write very well and would not be in a position to construct a coherent legal argument as to why they should have their appeal in the Crown court. Sometimes, when we are talking about possible efficiencies and saving money, we forget about individuals. People who come before the criminal justice system tend to be from poorer backgrounds and are often less well educated. Some of them may well be unemployed. A lot of them have other issues going on in their lives. Therefore, the fact that they can appeal to the Crown court automatically in the current system is an immense safeguard for them.

  • 23 Apr 2026 · Courts and Tribunals Bill (Ninth sitting) · Hansard source
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    I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Ordered, That further consideration be now adjourned.— (Stephen Morgan.)

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    In a moment. The main reason why the Government have cited is the backlog. What I am trying to say is that it is not the juries that cause the backlog. It is quite clearly the case that, with investment in court structures and court personnel, the courts could be fully up and running, and we could probably get rid of the backlog within the next year or two. The right to a jury trial is not worth sacrificing to get rid of court backlogs.

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    I want to comment on two points. First, I agree entirely with the speech of the hon. Member for Chichester on the problem with clause 3 and jury allocation, and I especially agree with her point about the retrospective reallocation of cases, whereby people waiting for trial by jury will suddenly find that their case will be removed from the jury and heard elsewhere. She outlined in comprehensive detail all the issues—not just jurisprudence issues but legal and factual issues. I support what she said so I will not repeat it. I also agree with my hon. Friend the Member for Amber Valley about these issues. She highlighted the disparities in the way that different groups of people are treated in our criminal justice system. I applaud my hon. Friend the Member for Birmingham Erdington for tabling new clause 29. I hope that the Government will consider accepting it although, of course, if we did not abolish jury trial we would not need it. We are told that the reason for clauses 1 and 3, which restrict access to jury trials in many cases, is to do with the backlog. That is where the Government start their position—the backlog—and I want to concentrate on that aspect. Please bear with me: I will blind the Committee with a few facts and figures because I think that they will make logical sense of why people such as me say that juries are not the reason for the delays. It is important that we get that sense. There are currently around 88,000 cases awaiting trial in the Crown courts. The queue for the Crown court is now so long that some trials are being fixed for 2030—the Committee has heard that. We have talked about the old adage that, “Justice delayed is justice denied.” That is happening, and the delay is unacceptable, but the answer is honestly not to get rid of one of the fundamental systems that we have had in our country for centuries. The reason for the delay is not juries but the court structure and how things happen there. One judge sitting in one courtroom for one day is known as a sitting day. The Old Bailey has 18 courts. It therefore has capacity for 18 sitting days per day, 90 sitting days per week and 4,500 sitting days in a 50-week year. For the last 15 years, restrictions have been placed on the number of sitting days in Crown court centres around the country. Resident judges, who are the principal judges at each court centre, have been told that funding will be given only for a limited number of sitting days. Restrictions of between 9% and 25% have been imposed. That is what the previous Government did. There is always a queue for the Crown court; that is inevitable, as cases cannot be tried immediately. However—and here is the story—up until the start of 2019, that queue was managed without any undue delay. The backlog had come down from around 56,000 cases in 2014 to 33,000 cases by the start of 2019. All those cases were tried by a jury, and within a reasonable time: within six months if the defendant was in custody, and between eight and 12 months if they were on bail. Given that cases were being tried within a reasonable time in 2019, the suggestion that jury trials somehow take longer or are more complicated has no basis. The length of the cases backlog rose from 33,000 at the start of 2019 to 71,000 by summer 2024, and rose by another 10% to around 80,000 last year. That increase is a direct consequence of the restrictions placed on sitting days. The problem was exacerbated by the closure of some courts. For example, Blackfriars Crown court in central London, which was a custom-made, modern Crown court building with eight courtrooms and the capacity to host 2,000 sitting days in a 50-week year, was closed and sold in 2019. Over the six years since then, 12,000 potential sitting days have been lost. There are around 4,000 rape cases in the backlog. Trials for rape that have one defendant and one complainant often takes five days—although some trials are quicker and some take longer—so 2,400 of such cases could have been tried in the 12,000 sitting days that were lost following the closure of those eight courtrooms at Blackfriars. The budgetary decision to close one court led to the inability to try what would have been half of all rape cases in the backlog. Similar examples exist all over the country, including where individual courtrooms within a Crown court building sit empty, meaning that the court is open but operating below its potential capacity. The Crown court estate has a maximum capacity of around 130,000 sitting days. Currently, it is permitted to have 113,000 sitting days, which is partly because the Government have invested some money and allowed an increase to the number of sitting days. The Government have said that that number is a “record high”, but it is high only relative to the low numbers of the previous 15 years. Given the current backlog, I would say that it is incorrect to say that it is high. We need to invest in more sitting days and having more courtrooms open.

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    No, because let’s face it: in the jury trials we are talking about, people are not getting sentences of more than three years. There is hardly going to be a King’s counsel dealing with those cases—it is not even going to be a leading junior who will deal with those cases. A lot of the barristers will be middle ranking; the KCs will not be dealing with these types of cases. There are enough members of the Bar to fill the capacity issue.

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    There are enough solicitors, barristers and judges available. Some of my former colleagues, who are now assistant recorders and recorders, were told that they could do x number of jury trials in a year, then the night before they would be due to sit in a particular Crown court, their session would get cancelled. The only issue here is with the number of court clerks, many of whom were dismissed during the years of Conservative Governments. However, those people do exist, and they can be recruited. It is not that difficult to recruit a few extra court clerks, as courts still have the capacity to do so, and it is better to do that than to throw away the whole jury system as we are doing at the moment. It is important to note that, in any event, this law will not come into place for two or three years, which is enough time to recruit more people if there is a capacity issue—

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    I entirely agree. The state of some of the courts in this country is sad. They are completely neglected, which creates a lot of challenges.

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    I will, but first let me explain. We have enough time to get those people in, so that we can increase the sitting days and reduce the backlog.

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    I agree with the hon. Member. I want to set out why we have a backlog and what we can do. Everybody has talked about various things that we could do, such as triaging the cases more effectively and more routinely, like Liverpool Crown court and some of the others that have seen a considerable reduction. There are the issues of transporting prisoners on time and internet connections in court. We have discussed a number of things that can lead to a reduction in the backlog. I entirely agree with my hon. Friend the Member for Birmingham Erdington and I thank her for tabling new clause 29. The reason why we need it is that, years ago, the importance of jury trials was recognised by the current Lord Chancellor and Secretary of State for Justice, and the fact that the new clause has been tabled shows that we believe they are important. We really should not be restricting jury trials. It is like throwing the baby out with the bathwater.

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    The Institute for Government also said that juries do not take up that much time—they save more time. The point is that, without too much difficulty, we could get the courts up and running and working for extra sitting days. Essentially, if we had more court sitting days, we would not have the backlog; it is not the juries that are causing the backlog.

  • 21 Apr 2026 · Courts and Tribunals Bill (Seventh sitting) · Hansard source
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    That is absolutely correct. Of course, one of the reasons why some people left the criminal Bar is the fact that the legal aid funding was not great, but I assure Members that if they did not have other work to do, they would come back to the Bar. There are enough barristers and solicitors in the legal system for that.

  • 21 Apr 2026 · Courts and Tribunals Bill (Eighth sitting) · Hansard source
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    On a note of clarification, I understand that Opposition Members have mentioned defendants cross-examining victims, but, in fact, the procedures have been changed. For sexual or domestic abuse-type offences, a defendant cannot cross-examine the victim or complainant himself, or herself. Instead, the court will appoint a solicitor or barrister to do the cross-examination for them. I just add that for clarity.

  • 21 Apr 2026 · Courts and Tribunals Bill (Eighth sitting) · Hansard source
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    Amendments 34 and 71 are probing amendments tabled by my hon. Friend the Member for Sheffield Central (Abtisam Mohamed). I will not be asking for them to be put to a vote. Amendment 34 concerns magistrates’ sentencing powers. The amendment would remove the word “regulations” and insert “made by the affirmative resolution procedure” to prevent significant changes from being made to the sentencing powers of magistrates courts without a proper debate and vote in Parliament. If such changes are to be made, Parliament should fully discuss their impacts. Amendment 71 is consequential on amendment 34. Clause 6 increases magistrates’ sentencing powers to 24 months. In my opinion, and in the opinion of many people, that represents a restriction on appeals. If sentencing powers are increased while access to appeals is reduced, which is what is being done in clause 7, the risks to fairness in the system are significantly heightened, particularly for those without legal representation, given that the rules for legal aid in the magistrates court are very different from those in the Crown court. For those reasons, the Bill raises fundamental questions about fairness, trust and the proper functioning of the justice system. The solution to delay is not to remove our historical safeguards, but to fix the system. I ask the Minister to consider whether it is right to give the magistrates court the power to impose sentences of 24 months, which is a considerable period. If that is being contemplated, there should be a proper debate and a vote in Parliament; it should not be put through on the nod.

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