Karl Turner

Well, I am not going to get into the whys and wherefores of this particular juncture of the debate. There is an easy fix for the scenario that I have described. My amendment 47 states that where a defendant has no previous convictions and the court decides that the case is suitable for summary trial, that defendant should be entitled to elect to have their trial in the Crown court. I do not think that the numbers will be very big. It is probably impossible for the Ministry of Justice to do modelling. In the 16 years that I have been a Member of this House and have been involved in debating criminal justice issues, I have rarely seen MOJ modelling that has been anywhere near accurate. However, even if it could do the modelling—I suspect it cannot, because that data is not kept—the numbers would be tiny. Why? Because only 0.4% of all convictions in the magistrates court are appealed. However, in 41% of that 0.4% of cases—it is a tiny number—the conviction is overturned in the Crown court, because there has been a wrong decision. The Bar Council has produced more up-to-date data, which suggests that that 41% has now gone up to 56%. More than half the cases that are appealed from the magistrates to the Crown court for a rehearing end up with a defendant who was convicted in the magistrates court being acquitted in the Crown court. Why do I say that there is a benefit to a Crown court hearing? It speaks for itself. What could the Government do instead? There is plenty that they could do. They could implement the relevant recommendations of the Leveson review. They could improve co-ordination between the police, the CPS and the courts to progress and identify unnecessary prosecutions earlier. It happens to be a fact that prosecutions sometimes end because the CPS—the Crown—throws in the towel. There is lots to welcome in the Bill, and I do welcome it, but there is too much in it for me to support it at this time. Finally, I want to say a few words of gratitude. I thank the Prime Minister, because from the very outset of my opposition to the worst excesses of the Bill, he was supporting me in the background. Similarly, Lord Sadiq Khan was there texting me, encouraging me and supporting me when it mattered. My biggest thank you of all is reserved for my hon. Friend the Member for Warrington North (Charlotte Nichols) for her bravery in standing up, waiving her anonymity and explaining her personal situation in the criminal justice system, in the face of all the pressure that was being exerted on Members who had the audacity to say that these measures were not suitable for a Labour Government to be implementing. We suffered the pressure exerted on us, and my hon. Friend showed real bravery and determination. For that, I will forever respect her.