Contribution
Thank you, Madam Deputy Speaker.
Under Keir Starmer, this Government led us down a path towards curtailing jury trials, presenting it as the only way to deal with the backlog. That was despite widespread opposition from the legal profession and Parliament, including from their own Benches, and despite the absence of any coherent modelling or trialling to demonstrate the impact of the proposed Crown court bench division. Political capital was wasted pursuing a solution that was never feasible. What we are presented with today is still fundamentally a flawed plan.
We remain deeply concerned about the pressure that these changes will place on magistrates courts. The plans for those charged with either-way offences to lose their right to elect trial by jury, alongside the increases in sentencing powers and the removal of the right to appeal, will place immense and dangerous pressure on magistrates courts, while simultaneously removing vital safeguards. The Government now predict that an additional 25,000 cases will be added to magistrates court caseloads each year, and the current rate of increase in the backlog of open cases is expected to be 9%—it is exceeding that of the Crown court backlog.
Increased complexity also raises questions regarding the suitability of summary justice to deal with these cases—a point that has been raised by the Bar Council and others. I also have profound concerns about the experiences of victims in summary justice; it is not just the Crown court where victims are so often failed. The Minister spoke very powerfully about Morwenna. I remember Morwenna’s powerful testimony. I am thinking today about Georgia, whose case in the magistrates court was postponed four times in a row. She spent months and months of building herself up for that moment before being totally failed because she did not get her day in court. The Government have done little to address those concerns, which is why amendment 11, tabled in my name, remains on the amendment paper. It would prevent magistrates’ sentencing powers from being increased beyond 12 months.
The Liberal Democrats also fundamentally oppose the removal of the automatic right to appeal decisions made by magistrates. This is a vital safeguard for summary justice, where lay magistrates are expected to make decisions with significant and real consequences. On the whole, we all agree that they make these decisions very well, with fewer than 1% of cases being appealed. But of those cases, the latest figures show that 56% were successful. We are now expecting magistrates courts to hear more complex cases carrying higher sentences at the same time as the Government are bluntly removing this protection against those miscarriages of justice. The Government want to speed up the process within a system, but changing the appeals process at this point is unnecessary and frankly dangerous. The reasoning, as per their own response, is:
“If we do not reform the appeals process, we expect absolute volumes of appeals to the Crown Court to increase given the impact of other reforms will be to retain more cases in magistrates’ courts.”
Let us reflect on that for a moment. Over half of current appeals are currently successful, and because the Government believe this number may increase, they are satisfied to remove that safeguard. How can the Minister defend a position that removes that vital safeguard in summary justice, while also accepting that it would be more needed than ever?
There is also scant provision in this Bill for, or consideration of, the implications for legal representation in magistrates court. Currently, there are differing income thresholds for legal aid between the Crown and magistrates courts. Shifting cases from the Crown courts will mean that many more defendants who may be accused of crimes carrying sentences of up to 24 months will be ineligible for legal aid, leaving them unrepresented. Baron Leveson reflected in his review that the differing thresholds for legal aid could be creating a “perverse incentive” for a defendant to choose the Crown court, but the Government rejected Baron Leveson’s recommendation in their response yesterday.
This not only has a profound effect on fairness in our justice system; it also affects the Government’s assumptions about how quickly the backlogs can be cleared. A lack of legal aid impedes efficiency and will slow down cases, leaving victims and defendants waiting once again. That is why we have tabled amendment 18, which links legal aid to the severity of the sentence, rather than the venue of the trial, and we have written to every Member of the House asking them to support it.
New clause 20, tabled in my name, requires all new contracts for court-related services to include performance penalties, to put an end to these sham contracts that are currently failing to deliver prisoners on time.
The Liberal Democrats also believe that opportunities have been missed to maximise the use of time within the existing court structures. There is scope to increase the number of trials heard in selected courtrooms across England and Wales from one to two a day. That approach was trialled during covid, and it resulted in 3.5 trials per week being cleared, compared with fewer than 0.9 trials in courtrooms operating under standard hours. New clause 4 calls for a review of the feasibility of hearing two trials a day in selected courtrooms, split between morning and afternoon sessions, with each trial sitting for four hours. Solutions such as this—which have not been explored by this Government, as confirmed in Committee—would supercharge the Crown court process, with a specific focus on clearing the backlog.