Courts and Tribunals Bill

Henry Tufnell Excerpts

Tuesday 10th March 2026 Commons Chamber

[Henry Tufnell (Mid and South Pembrokeshire) (Lab)]

The right to a fair trial is fundamental to our democracy. For certain offences, a fair trial will always be a trial by jury. However, it has been long been the case that the right to a trial by jury is contingent on the offence. The Interpretation Act 1978 set out the three-tier classification of criminal offences, and created a category for less serious offences that would be tried only by a magistrates court—without a jury.

The question of which crimes fall into that category has been revisited periodically. The Criminal Justice Act 1988 reclassified three groups of offences—common assault, taking vehicles without consent, and criminal damage under a certain value—as summary-only offences to be dealt with in magistrates courts, without a jury. In the same year, the Thatcher Government passed the Road Traffic Act 1988, which made driving while disqualified a summary offence. It is not new for a Government to make choices about who can access a jury trial by reclassifying offences to reflect changes in wider society and technology.

This Government face important choices about how to address the urgent problem of the backlog in our Crown courts. As hon. Members have powerfully illustrated, justice is being delayed for far too many victims, witnesses and defendants. The scale of the problem demands ambitious and radical reforms, and to deny the need for them is to downplay the impact that our broken criminal justice system has had on the lives of so many people. One measure at the Government’s disposal to tackle the backlog is restricting the right to a jury trial to a smaller number of offences. Although jury trials account only for about 3% of criminal trials, they take up 60% of Crown court hearing time. The Government’s increased investment in magistrates courts, and the expansion of their powers, would also help to reduce the burden on Crown courts.

However, magistrates courts are feeling the effects of 20 years of under-investment, and have an open caseload of over 370,000 cases and counting. Turning the tide on capacity pressures will take time. High conviction rates in magistrates courts, as well as increased sentencing powers and the reduced right to appeal proposed in clauses 6 and 7, risk lengthier sentences and adding to our ballooning prison population. Reducing the burden on the Crown court is vital, but the Government must be careful not to rely too heavily on lay magistrates in doing so.

There is a practical middle way that could see swift and effective reductions to the Crown court backlog and avoid overloading the lay magistrates courts: give district judges greater powers to try criminal cases. District judges are valuable and experienced members of our criminal justice system, and they have years of professional experience behind them. Many sit as recorders in the Crown court and go on to become Crown court judges themselves. Many also have experience of trying the most serious cases, such as rape, when sitting in the youth court, so why should they not be trusted to hear more serious adult cases? If their jurisdiction were increased to offences carrying up to three years’ imprisonment, they could take on cases such as assaulting an emergency worker, dangerous driving and indecent exposure.

To make this work, the right to elect to have a jury trial would need to be limited to offences with a maximum penalty above three years. That is slightly more than Sir Brian Leveson’s recommendation of two years, and the effect would be immediate: far fewer cases sent to the Crown court, quicker hearings before experienced district judges, fewer unnecessary referrals to the Crown court and more time for the Crown court to focus on more serious crime. This would still require important choices to made about the right to a jury trial itself. The Government could reduce the maximum sentence for certain offences that are currently set between three and five years—offences where sentences above three years are rarely imposed. That would allow them to fall within the jurisdiction of district judges.

Critics may say that this looks soft on crime, but in truth it simply reflects sentencing reality. For example, actual bodily harm carries five years under section 47 of the Offences against the Person Act 1861, but 98% of custodial sentences between 2020 and 2024 were for three years or less. For knife and offensive weapon offences, the average sentence is just eight months. Those offences could also reasonably have their maximum sentence reduced to three years, thus restricting the right to elect to have a jury trial.

I refer to Scotland’s sheriff courts as a useful model. Like district judges, sheriffs are legally qualified and experienced and have the capacity to handle both low and mid-level offences. Between sheriff courts and the lay justice of the peace courts, the majority of local criminal business is covered, reserving the High Court for more serious cases.

If we want justice delivered quickly and fairly, we must use every tool at our disposal, so I ask my right hon. Friend: will he consider expanding the powers of district judges as part of this Government’s ambitious plan to invest in and reform our justice system?