Andrew Cooper

A foundational principle of our constitution is that everyone is bound by and entitled to the benefit of the law, but the long-running crisis in our justice system has stretched that principle to breaking point. Other right hon. and hon. Members have covered in depth the disastrous decisions by the previous Government that have got us to this point. I would only add that on my visit to Chester Crown court last month, they told me about a recent trial that had to finish at 3 pm each day because they could not get the light bulbs in the court replaced. The Government have invested significantly in court infrastructure, legal aid and uncapping sitting days, but it is clear that investment alone will not be enough to deal with this crisis. We also need to reform the system and make it fit for how criminal justice operates today. A raft of measures in the Bill will do that, alongside important reforms such as the removal of the presumption of contact. I intend to focus specifically on the proposals for the Crown court bench division. Parliament has taken a view on where the line should be drawn between offences disposed of by magistrates and offences that require a full Crown court trial with a jury, owing to a different level of severity and jeopardy for the defendant. Elsewhere in our system, it is not unprecedented for serious matters to be decided by a judge alone, such as in the family court. The question is whether the Government have struck the correct balance in their proposals, and whether there are sufficient safeguards for defendants. I have two points to make in that respect. Although Sir Brian Leveson intended for the three-year threshold in the presumption on whether a case should be allocated to the bench division, judicial discretion would be maintained for exceptional circumstances. It is not difficult to imagine cases in which the broader public interest is best served by a jury trial. One wonders how the Colston four would have fared in a judge-only trial. The last word on where such cases should be tried should sit with a judge who has considered all the arguments and nuances. Leveson recommended that the bench division consist not only of a judge but of two magistrates, in order to retain community involvement in the judgment, as well as to address the diversity gap in the judiciary. The Bill’s proposal to try by judge alone eliminates all community involvement for that class of defendant, treating them differently from those facing charges of both lesser and greater severity. The 2022 University of Manchester study “Racial Bias and the Bench” found that over half of respondents had witnessed one or more judges acting in a racially biased way towards a defendant in their judicial rulings, summing up, sentencing, bail, comments or directions. I have listened carefully to Ministers’ arguments, but I am nevertheless concerned that significant risks remain. I intend to support the Bill’s Second Reading, because it contains important reforms to our criminal justice system, and it is essential that we deal with the crisis that has failed victims for too long, but I also intend to continue engaging with Ministers, and I look forward to my concerns being addressed as the Bill progresses.