Contribution
It is an honour to speak under your chairmanship, Mr Efford. This independent review comes at a time when our criminal justice system is at breaking point. I thank the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for securing this debate. As a member of the criminal Bar, I know the importance that many barristers out there place on this debate.
We now know that Crown court trials could have a potential backlog of more than 100,000 cases by 2029. The review’s recognition of the need for significant reform is welcome, but restoring the criminal justice system cannot come at the expense of fairness, due process or the right to be tried by jury.
I understand, as it is currently set out, that the proposal to create a new Crown court bench division would allow select cases that carry a sentence of up to three years in prison to be heard without a jury. Under the proposals, it would be the judges, not the defendant, who decide where a case is handled, and who therefore hold the power to potentially change the entire trajectory of a criminal case. Unless there is forthcoming evidence to show that this change creates additional capacity without distorting judicial outcomes, we surely cannot consider such an idea.
The right to jury trial is, and should remain, a cornerstone of our justice system. For centuries it has served as a guarantee of public confidence and accountability. Any attempts to restrict or infringe upon that right should be approached with the utmost caution.
Before we consider surrendering our core principles of jurisprudence, we should first seek out efficiency reforms in part 2 of Leveson’s review and postpone any changes to jury trial until such changes have been fully implemented. At the very least, we need the Government to make reassurances that such changes would be reversed as soon as the backlogs are cleared, and to confirm their belief that trial by jury remains the best way of administering justice in this country.
In my view, removing trial by jury, even in complex or lengthy cases, risks undermining public trust, particularly among communities that already feel marginalised by the justice system. Non-jury trials should remain a measure of last resort rather than some administrative convenience.
I clearly believe that this is not the right path to follow. I fear that we are being made to consider watering down our justice system because the Government fail to understand that, even with reform, we will not be able to change the reality on the ground without proper investment. Creating a new court division will not in itself solve the backlog; it will merely shift the pressure from one part of the system to another.
Rather than sacrificing jury trials, we should be looking to solve things like the criminal legal aid system, which has been withering away thanks to years of chronic underfunding. Even with the Government’s recent £92 million commitment, more is required, especially if investment in one area comes at the expense of another.
Another key priority must be to reduce demand on the courts themselves—for example, introducing a rebuttable presumption that certain groups of offenders, such as first-time offenders or those suffering from mental ill health or substance misuse, should in appropriate cases be diverted from the criminal justice system at the outset. In those instances, out-of-court disposals could deliver justice more swiftly, more proportionately and without mounting pressures on an already overstretched system.
Finally, we cannot ignore the physical state of our buildings. Years of neglect have left our courts crumbling and have contributed directly to lost sitting days up and down the country.
The House will always support positive reforms that make key improvements to our justice, but reform must be principled, evidence-based and properly funded. That is the only way to clear our backlogs, and the only way to restore the criminal justice system to the essential and reliable public service that it ought to be.