Courts and Tribunals Bill

Andy Slaughter Excerpts

Tuesday 10th March 2026 Commons Chamber

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

The number of outstanding cases in the Crown court is 79,619. The outgoing Conservative Government promised to reduce the backlog; it should have been 53,000 by April last year. Their abject failures led the present Government to ask one of the country’s most foremost experts on the criminal courts, Sir Brian Leveson, to propose comprehensive court reforms—reforms without precedent in half a century. Sir Brian produced his review in two parts, totalling over 1,000 pages and 180 recommendations. The Bill legislates where legislation is necessary to implement parts of Sir Brian’s review.

Given the current dire situation, with many victims waiting two or more years for their cases to be resolved and defendants spending far too long in custodial remand, the Government are right to propose structural change; otherwise, they would be endorsing perpetual delay.

[Joe Robertson (Isle of Wight East) (Con)]

Will the hon. Member give way?

[Andy Slaughter]

Not yet; I am conscious of the time.

The removal of the right to elect for either way offences in clause 1 is the single most significant measure in reducing the caseload of the Crown court, with the Bill’s impact assessment indicating that that change will see 16,000 fewer sitting days in the Crown court each year.

In clause 6, the Government propose to increase the maximum sentencing power of the magistrates court to 18 months. We are told that will save a further 8,000 sitting days in the Crown court. Taken together, those two measures—ending election and extending magistrates’ powers—represent a sizeable shift of the caseload out of the Crown court and into the magistrates court. That will deliver on the main objective of these reforms, which is to ensure the capacity of the Crown court to try the most serious criminal cases in a fair and timely manner. There has been less scrutiny on how magistrates will cope with their new responsibilities; I will deal with that in a moment.

Clauses 3 to 5—the provisions that have attracted the most debate—will establish the Crown court bench division to enable cases with a likely sentence of three years or less to be tried on indictment without a jury. Clause 4 will allow trial by judge alone for some complex and lengthy cases. Compared to the other measures in part 1 of the Bill, those will have a less significant effect on the backlog, but a still substantial 5,000 Crown court days will be saved.

I accept the Government’s argument that there is a strong case for modernising how the Crown court operates. Some improvement will be achieved through adopting the measures on efficiency set out in part 2 of Sir Brian Leveson’s review, or the additional resources promised under the concordat with the Lady Chief Justice that will remove restrictions on court sitting days, but those are unlikely to be enough on their own. Given the crisis that the criminal courts are facing, I am willing to support the creation of the Crown court bench division and the other measures in part 1 of the Bill.

I do not accept the case made by some that the proposals represent the end for jury trial and that the Bill should be opposed on that basis. Of the 3% of criminal cases that currently go before a jury, about a third—some 4,000—of the less serious of those offences, such as possession of class A drugs, car theft, affray and large-scale waste dumping, will now go before a judge alone. I do not believe that undermines the jury system, although it will undoubtedly change how some cases are tried. Therefore, arrangements for judge-only trials in the Crown court need to be carefully reviewed once they are in force to test whether they deliver the time saving promised without undermining the right to a fair trial.

I turn to my reservations on the proposals. I am concerned that magistrates courts will not be able to cope with the increase in caseload envisaged by the Bill. The work of the magistrates court is delivered by a range of dedicated public servants: magistrates, district judges, legal advisers, His Majesty’s Courts and Tribunals Service staff, probation, the Crown Prosecution Service and legal aid lawyers. However, we know that recruiting and retaining many of those key personnel are long-standing problems.

The Lord Chancellor wrote to the Justice Committee last week and told us that the Ministry of Justice hopes to recruit thousands of magistrates and hundreds of legal advisers and district judges over the next year or two. I am concerned that those are very ambitious targets, and that even if the recruitment bear fruit, they will not meet the challenge of diverting 24,000 days of complex hearings from the Crown court each year while dealing with the existing problems in the magistrates court, which has its own backlog.

Clause 7, which seeks to reform appeals from the magistrates court, will require electronic recording of proceedings. That strikes me as a significant change. The impact assessment is not clear about how much that will cost, but I doubt whether it can be delivered either quickly or cheaply.

Another area of concern is the process for allocating cases for judge-only trials. Prosecution and defence lawyers will wish to make written and oral submissions, and some may seek to challenge decisions on allocation by judicial review. To those concerns should be added the differing eligibility for legal aid in the Crown and magistrates courts and concerns that the loss of a lay presence in determining innocence or guilt risks losing diversity and adding unconscious bias.

[Sarah Russell (Congleton) (Lab)]

In the magistrates court, only those who earn less than £21,000 a year—less than a full-time job at real living wage rates—are entitled to legal aid. Does my hon. Friend agree that there is real danger in that in terms of access to justice?

[Andy Slaughter]

That is exactly the point that I somewhat briefly alluded to; I am glad that my hon. Friend outlined it in more detail. The Government really must address that before the Bill concludes its passage through this House and the other place.

In relation to both restriction of jury trials and the decision not to accept Sir Brian’s recommendation that a judge should sit with lay magistrates in the Crown court bench division, the point has been made that the lay element is being limited too far. I could say a lot more, but I am conscious of the time. Many details need to be worked out. I see why the Government are giving themselves until March 2028 to implement the Bill’s proposals.

As the Bill progresses, I hope that the Government will listen to Members of this House and the other place and to those with an interest in the criminal justice system—from lawyers to victims—on how it can be clarified and improved. The Justice Committee has held evidence sessions and been in detailed correspondence with the Lord Chancellor, the Courts Minister and Sir Brian for several months. Our current call for evidence closes tomorrow, and on 17 March we will hold a further evidence session.

I do not have time to cover the other important but less controversial parts of the Bill, but I would like to recognise the Law Commission, which has done the hard work on the proposals on evidence in sexual offence prosecutions that lies behind clauses 8 to 12. I also pay tribute to the campaigners who worked tirelessly for the removal of the presumption of parental involvement. Those measures will help to ensure that some of the most vulnerable in our society are protected by our courts.

Finally, I know that the Lady Chief Justice will be pleased that the Government have found a legislative vehicle to bring the leadership of tribunals within the wider courts structure. That is a good thing. Overall, this is a necessary package of reforms. I look forward to working with the Government to improve it as it progresses through Parliament.