Dr Neil Shastri-Hurst

The hon. Lady is right to a degree: there has been failure by successive Governments to invest in the criminal justice system. If we were serious about this issue in this place, we would look at cutting welfare, which spends the entirety of the Ministry of Justice’s annual budget in just two weeks. We need to prioritise spending, and the criminal justice system has been left high and dry for far too long by Governments of all colours. It is now routine for trials to be adjourned because defendants either arrive late or do not arrive at all, with juries discharged, witnesses turned away and days of court time lost as a consequence. These delays have nothing whatsoever to do with the presence of a jury, and everything to do with operational failure in the system. The next point I wish to make, and possibly the most grave, is about the erosion of the criminal Bar. We face a serious shortage of suitably qualified advocates both to prosecute and to defend. Cases are delayed because no one of appropriate experience is available or willing to take them on. That is not inefficiency, but attrition. Curtailing jury trial risks mistaking the symptom for the disease. Worse, it risks creating a system that is perhaps faster, but thinner, and ostensibly more efficient, but unquestionably less legitimate. I think of the words of Lord Hailsham, a former Lord Chancellor and one of the greatest legal minds of the previous century, who warned this very House of the dangers of an “elective dictatorship”, and the slow accretion of power to the state at the expense of the citizen. The jury trial is one of the great counterweights to that tendency, ensuring that the coercive power of criminal law is exercised only with the consent of the community. Juries do much more than merely find facts; they embody public confidence, guard against institutional complacency and remind us that justice is not something merely administered to the people, but done with them. If the Government believe that it is right to curtail that right, they must show clear evidence that jury trials cause the delay, that alternative modes of trial would be demonstrably faster, and that fairness, legitimacy and public confidence would not be diminished.