Courts and Tribunals Bill

Caroline Nokes Excerpts

Tuesday 10th March 2026 Commons Chamber

[Gideon Amos]

I do. The hon. Member is right: the problem with these reforms is that they are not going to speed up the criminal justice system or solve the backlog issues. We have rehearsed all the challenges that the system faces—we know what they are, and they need to be addressed, but abolishing trial by jury for those affected will not do that.

Madam Deputy Speaker, if I may, I would like to spend a few minutes on a missed opportunity in this Bill: dealing with the state of our immigration and asylum system, which we all know the Conservatives left in an appalling state. The asylum backlog more than doubled in just two years, from 70,000 to 166,000 people waiting in 2022. Instead of processing those claims, the Conservatives opened over 400 asylum hotels. As the Government began clearing up the—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I suggest that the hon. Gentleman might like to stay within the scope of this Bill rather than discussing asylum hotels.

[Gideon Amos]

The point I wish to make, Madam Deputy Speaker, is that this Bill should address the challenge faced by the immigration system. Alongside the Bill, the Government have a parallel proposal to abolish the current system and to replace immigration tribunals with a new appeals system. I believe that that should be debated in the House and that it is relevant to this Bill, but I will move quickly through my points about this issue so as not to irritate you, Madam Deputy Speaker.

This Bill offers an important opportunity to address the immigration system. I am concerned that the creation of a new body and the abolition of the appeals tribunal is not the right approach, and that it will devalue the tribunal judges who are ready and available to sit and hear more cases. I genuinely welcome the Secretary of State’s announcement of an extra 26,000 sitting days for that chamber, but extra days will not be useful if there are not enough judges to sit for them. In the words of a judge who wrote to me,

“there are not enough judges and if the Home Office does not do the work quicker at their end, which is where the delay is, it makes no difference.”

There are enough immigration and asylum tribunal judges, but we need them to be allowed to sit for more than 220 capped days to deal with the backlog. I tabled a written question on this point. Those judges are prevented from being paid more than salaried judges, and therefore there is an effective cap on their sitting. Those are the kinds of issues that we need to deal with, as well as dealing with the backlog in the criminal courts and allowing our courts to be used for two sittings each day—am and pm—as my hon. Friend the Member for Chichester explained. Those are the kinds of measures that would speed up the criminal justice system, not the abolition of trial by jury for those cases that would be affected.

Some hon. Members have made the point that trial by jury is not necessarily a constitutional right in all cases, and we understand that. However, denigrating trial by jury as unimportant or a minor right does not help the argument of those who are seeking to abolish it for certain cases. Looking back, it has been called in case law a

“highly valued part of our unwritten constitution.”

Going back to the 18th century, Lord Justice Camden said that it was

“the foundation of our free constitution”.

In the 20th century, Lord Justice Devlin said that

“it is the lamp that shows that freedom lives”.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Caroline Nokes)]

Order. I propose putting in place a five-minute time limit after the next speaker.

--- Later in debate ---

[Madam Deputy Speaker (Caroline Nokes)]

Members will be aware that a large number of people still wish to speak, so I will reduce the time limit to four minutes after the next speaker.

--- Later in debate ---

[Vikki Slade (Mid Dorset and North Poole) (LD)]

There is absolutely no doubt that long delays in criminal court shake public confidence, and I can only imagine the distress of victims forced to wait years for justice. In my role as an MP, I have supported those who have experienced repeat offences as they wait for stalkers to face justice. It is tragic that cases collapse because victims cannot face reliving their experience, or witnesses’ memories fade. It is not just victims who are harmed by these delays. Defendants, who are innocent until proven guilty under the law, are also having their life suspended, and those defendants deserve fairness.

I am deeply worried about the income thresholds for legal aid in the magistrates court. It is ridiculous that someone in an entry-level minimum wage job will not automatically be eligible. How is that justice? Do the Government really believe that unless someone can afford to fund their defence, their freedom should be at stake? I hope that if this Bill passes Second Reading, the Government will put forward some substantial changes.

At the heart of my concern about this Bill is the fundamental shift in the role of the magistrate and the bench division. A typical magistrates trial lasts five to six hours; a similar case in the Crown court is likely to take three to four days. That is for good reason, as more legal direction ensures that victims and defendants understand the process and upholds the integrity of justice. I am deeply concerned that if complex cases carrying sentences of up to 24 months in prison are passed over to the magistrates court, they, too, will become longer, creating even bigger backlogs, and just shifting the problem somewhere else. What assessment has been carried out—I have asked this on several occasions—of the capacity of magistrates to sit in multi-day trials? Those trials require attendance day after day, so younger working magistrates will be far less likely to be able to take part in them.

The Magistrates Association has deemed that 17,000 magistrates are needed, and we have only 14,000. Previous recruitment drives have not generated enough applicants. Where is the evidence that our communities can find these extra people, who can give this extra time? The other problem is the age of magistrates. While there are some notable exceptions in the Chamber, 81% of magistrates are over 50. That is much higher than the average age of a judge. This proposal widens the demographic gap between the court and those facing justice. Juries provide broader diversity in age and background.

This Bill is a real diversion. We have an insufficient number of magistrates now; where is the evidence that people will be willing and able to fulfil this critical and increasingly difficult role, in which they can take someone’s liberty for up to two years? That is a huge responsibility for somebody who is not legally trained. Speaking of legally trained people, I have raised the issue of access to legal advisers before. The Lord Chancellor has indicated that there will be more money for legal advisers, but that was before this proposal came forward. I raised the matter after seeing the issues locally. I see no evidence that enough legal advisers are willing to work at this lowest rung of the court system to support magistrates.

I also wanted to raise the issue of the processes in the magistrates courts. One of my constituents, having been denied the right to go to the Crown court, has been told that she has just 27 minutes to plead her case, which she feels is a denial of her rights. We are talking about cases in which liberty is at risk, and a criminal conviction could lead to the loss of employment or travel rights, and could have a reputational impact for years to come, so we really must consider the effect of this significant move on both victims and defendants.

I wonder whether the Lord Chancellor can tell us who said that

“juries are representative of local populations”,

and

“a filter for prejudice”;

that

“Criminal trials without juries are a bad idea”,

and that the Government should not fix backlogs by abandoning a

“valuable tradition for short term benefit”

in either-way trials.

[Madam Deputy Speaker (Caroline Nokes)]

Order. The hon. Lady’s time is up.