Criminal Courts: Independent Review

Jess Brown-Fuller Excerpts

Tuesday 14th October 2025 Westminster Hall

[Jess Brown-Fuller (Chichester) (LD)]

It is a pleasure, Mr Efford, to serve under your chairmanship. I congratulate the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) on securing this vital debate, on his knowledge and expertise of this subject, and on taking the time to read 378 pages of what was a gripping read.

Justice is a key pillar of our society, yet it rarely cuts through the noise or gets splashed on the front pages of the papers in the same way that our NHS does. Nevertheless, it is so important to have a functioning justice system when we need it, either as a victim or a defendant. I am also delighted to respond to this debate as the new spokesperson for justice for the Liberal Democrats and I look forward to working closely with the Government and His Majesty’s official Opposition on something that affects us all.

Sir Brian Leveson’s report into the criminal courts has proven insightful and a concerning necessity. Some 45 recommendations were made, with a goal of clearing the court backlog and enabling cases to be dealt with more quickly, which is a desire felt across the House.

As outlined by many hon. Members in the debate, our criminal courts are at a physical and operational breaking point. They are overburdened by an ever-expanding backlog of cases to hear and undermined by the deteriorating condition of our court estate. We also risk our criminal justice system becoming just a criminal system, because justice is being denied to victims up and down the country.

The average wait for a verdict in a Crown court now stands at 22 months, while the number of cases facing a delay of more than two years increased tenfold over the course of the last Parliament. We are hearing of cases being booked as far in advance as 2029. As of June this year, there was a backlog of over 78,000 cases awaiting hearing in the Crown courts. Given that the Ministry of Justice’s own public target is to reduce that figure to 53,000 by March next year, the current position is nothing short of abysmal.

Particularly concerning in this situation is the impact that delays are having on the delivery of justice. As my noble friend Lord Marks of Henley-on-Thames has noted in the other place,

“evidence becomes less accurate with the passage of time.”—[Official Report, House of Lords, 20 March 2025; Vol. 844, c. 1427.]

Delays reduce the willingness of witnesses to give evidence, or their ability to accurately recall the events that led to the trial, or even to relive harrowing events when they are keen just to move on with their lives.

The hon. Member for Stafford (Leigh Ingham) reminded us of the human toll by sharing the story of a constituent’s waiting five years for their day in court. That is totally unacceptable for that young woman and for the family supporting her. It can also be a huge strain on the mental health of all involved, and ultimately delays erode confidence in the justice system. It has been rightly said that justice delayed is justice denied. Both victims and defendants have a fundamental right to have their cases heard in a timely and fair manner—a right that, under the present circumstances, is simply not being upheld.

At the same time, the physical infrastructure of our court system continues to falter. A recent Law Society report revealed that two thirds of solicitors have experienced delayed court hearings due to the poor state of court buildings, as was highlighted by the hon. and learned Member for Folkestone and Hythe (Tony Vaughan) and the hon. Member for Chatham and Aylesford (Tristan Osborne). The problems range from crumbling structures to outdated technology. Both contribute to the already unsustainable backlog of cases. Those cases of professionals walking away from the judicial system tell a really sorry tale, when we need them more than ever.

[Tessa Munt]

To accentuate that point in particular, as I understand it we are waiting still for the independent body to make recommendations on barristers’ fees. That was a key commitment to ending the strike which has yet to be implemented. Would my hon. Friend agree that needs to be sorted out as well as the fees for expert witnesses, who will not work to legal aid rates? Both of those contribute to delays and to the fraying of the legal structure when people walk away, as she says.

[Jess Brown-Fuller]

I thank my hon. Friend for that intervention. It is really important to put that on record as something that also needs to be addressed, and all of those elements that contribute to exacerbating backlogs and professionals walking away from their service.

Types of and methods for presenting evidence have developed massively with new technology, but our courts have somehow served as time capsules and not kept up with innovation. The growing backlog in our criminal courts is also directly exacerbating the crisis of prison overcrowding. Remand populations continue to rise, now accounting for over one fifth of the entire prison population. That is not sustainable and nor is it just. The right hon. and learned Member for Kenilworth and Southam made a very valid point that while people on remand are in prison awaiting trial, they are not having the rehabilitative programmes that could prevent them from reoffending.

We need to be clear where the fault for this lies. Years of poor governance have led to chronic under-investment in and neglect of our nation’s courts and justice infrastructure. The fact that one of the Labour Government’s first actions last year was to implement an emergency early release scheme to create space in our prisons is something that those on the Conservative Benches should apologise for. They ignored the crisis for far too long and left it for the incoming Government to clear up. It was under them that the backlog ballooned, that busy Crown courts such as the one in my constituency of Chichester were closed, and that staff shortages persisted.

The hole that our justice system is in is a deep and worrying one. It is therefore right that an independent, innovative and external review into the system by the well-respected Brian Leveson was commissioned. The first half of the report has provided some interesting ideas to address many of the issues outlined, and it will certainly create debate on what can be done. Responding to the headline suggestions—I am not going to cover all 45—about the Crown court bench division and reductions in trial by jury, the Liberal Democrats are deeply concerned by any impingement on the right of individuals to face trial by jury in a Crown court. That right is a cornerstone of the judicial process which, as has been set out in a number of reports, has been proven to be non-discriminatory and multiracial. That diversity cannot be guaranteed if trials are increasingly presided over by judges alone.

The Government’s efforts to implement the necessary reforms to the courts system to address the untenable backlog should be centred on the principle of ensuring that justice is delivered fairly and without discrimination. The removal of the right of individuals to trial by jury would undermine that aim, reducing the likelihood of both victims and defendants receiving a fair hearing, and therefore should be firmly opposed. As many Members acknowledged, including the hon. Member for Bridgwater (Sir Ashley Fox), there is no robust argument that the removal of trial by jury would make a significant difference to the backlog. I wait to be convinced, if the Government decide to take that recommendation on board. That is not to say that the issues surrounding the processes of trial by jury should not be addressed.

As outlined in the Leveson report, the increasing length and complexity of trials is having a serious financial and mental impact on jurors. However, that must not be utilised as an argument to undermine the right to a fair trial. Instead, jurors must receive financial support and appropriate wellbeing services throughout proceedings. I have been contacted by many constituents who were keen to play their part in the justice system and do their jury service, but the financial burden, especially for those who were self-employed, had a huge impact on their livelihoods.

Liberal Democrats are also concerned about the potential impact of the proposed Crown court bench division on the workload of magistrates who would be drawn in to operate those courts. Attempts to mitigate the severe backlog in the Crown courts that exacerbate the backlog in the magistrates courts are clearly an undesirable outcome. The Magistrates Association states that implementing the recommendations would require an increase in the number of magistrates required. The creation of an intermediate court would therefore jeopardise magistrates’ current ability to deliver swift justice. That is particularly concerning for survivors of domestic abuse who already face distressing delays.

[Tony Vaughan]

As the hon. Lady seems to oppose a lot of the meat of the reforms, is there one that she can support to reduce the pressures on the system? That is a fundamental task that we all agree needs to be addressed.

[Jess Brown-Fuller]

I have picked out the main recommendations in the report that I cannot agree with. There are 45 recommendations in the Leveson report and some of them could go some way, but removing the key pillar of our justice system by removing the right to trial by jury is something that I cannot support.

[Ayoub Khan]

The Sentencing Council was headed by the late Lord Justice William Davis, who was a recorder at my local court in Birmingham. He made reference to the sentencing guidelines and the disparity in sentences highlighted in the probation report. We know that sentences were passed by judges. Given that judges have passed sentences that were disproportionate for certain communities, does the hon. Member agree that that is one of the reasons we must ensure jury trials remain?

[Jess Brown-Fuller]

I absolutely agree with the hon. Member. I will bring my remarks to a close. Unfortunately I have not had the opportunity to ask the Minister my questions, but I will get back to her on a suitable occasion.

Oral Answers to Questions

Jess Brown-Fuller Excerpts

Tuesday 16th September 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

I have had several productive conversations with the chief coroner, looking at how we can make the inquest process as quick as possible to ensure that the bereaved are supported and not left traumatised waiting for their inquest. The Bill we are laying before Parliament today, the Hillsborough law, has many parts looking at how to improve the inquest process and it gives more powers to coroners. We are looking at what more we can do on the reform of inquests. I look forward to working with my hon. Friend and others on how to improve the coronial process.

[Jess Brown-Fuller (Chichester) (LD)]

T8.  Since 2021, Chichester Crown court has been used as a Nightingale court to catch up with the huge backlog of cases. As court delays continue to slow down our justice system, will the Justice Secretary please give consideration to making Chichester Crown court a permanent Crown court, which would be the only one in West Sussex?

[Mr Lammy]

I know the hon. Lady’s constituency well, so I will take a close look at the issue.

Independent Sentencing Review

Jess Brown-Fuller Excerpts

Thursday 22nd May 2025 Commons Chamber

[Shabana Mahmood]

My hon. Friend raises a really important point. This is why the Government have already rolled out employment work councils, where prisons link up with employers in their region and try to make sure that there are jobs and training available for offenders on leaving prison. We know that the ability to work is a really important part of driving down reoffending. That is a priority for this Government. Of course, unpaid work is a very visible way for offenders to make reparations to the communities they have harmed. In our eyes, that is the primary focus of it, but the discipline of doing that work can help offenders who are far away from the world of work to get closer to it.

[Jess Brown-Fuller (Chichester) (LD)]

The Government’s plans lay out an expectation that they will be able to manage ex-offenders in the community under intensive supervision. A probation officer in my constituency recently told me that she was told off by her bosses for spending too long with offenders when she was booking just 15-minute appointments. Can the Lord Chancellor tell me when the promised investment will actually reach frontline probation services, and can she guarantee it will be enough to ensure public safety and reduce reoffending?

[Shabana Mahmood]

Let me reassure the hon. Lady that this is a huge uplift in funding for probation. It is a £1.6 billion budget as it stands, and it will increase by up to £700 million by the end of the spending review period. We have already invested in piloting AI and other technology designed to improve productivity, where AI can complete much of the paperwork that a lot of probation officers spend far too much of their time on, often repeating the same information in different documents. That shows huge promise. We will roll that out at pace to give probation officers more time with the offenders in front of them, doing the thing that only a human can do, which is to get to grips with what is driving that offender’s behaviour and have a plan to tackle it, including by accessing treatment programmes and other things in the community. We are determined to make sure that the Probation Service can rise to the scale of the challenge. The funding will help with that, as will our investment in that technology.

Whiplash Injury Compensation

Jess Brown-Fuller Excerpts

Wednesday 2nd April 2025 Commons Chamber

[Jess Brown-Fuller (Chichester) (LD)]

The changes today are simple: the compensation tariffs for pain, suffering and loss of amenity in whiplash claims are being uplifted by approximately 15% to reflect inflation since the original 2021 figures were set, with a buffer to account for future inflation. These updates are welcome, but also present us with an opportunity to reflect on the broader balance we strike between tackling fraud and protecting the rights of those with legitimate injuries.

Whiplash has long been a contentious area of UK personal injury law. We have one of the highest rates of whiplash claims in the world, which has undoubtedly contributed to the rise in motor insurance costs, and whiplash claims have historically added billions of pounds to insurance costs.

In my constituency of Chichester, the picture is particularly concerning. According to a study by the Driving Instructors Association, Chichester is now the most accident-prone city in the UK, reporting 232 accidents per 100,000 residents, which is 54% higher than the national average. Even more alarmingly, Chichester has the highest fatality rate of any city, at 5.6 fatal accidents per 100,000 residents. These are not just statistics; they are lives lost and families changed forever. That underlines the real-world impact of road safety and why fair, accessible compensation for those injured on our roads is vital.

The 2021 reforms that introduced fixed tariffs and mandatory medical assessments have had an impact, and the number of whiplash claims has declined, but whiplash still accounts for a large share of personal injury claims, and the need to ensure fairness in the system remains. We must remember that behind every claim is a person, often in pain, unable to work, potentially scared to go back out on the roads and navigating an unfamiliar legal system. For them, the process must be simple, fair and accessible. Victims should never be discouraged from seeking rightful compensation because of excessive bureaucracy or overly rigid procedures. That is why the Liberal Democrats have consistently advocated for a balanced approach.

During debate on the Civil Liability Act 2018, my colleagues in the other place, Lord Sharkey and Lord Marks of Henley-on-Thames, worked hard to push for stronger safeguards. They argued that the definition of “whiplash injury” should be written into primary legislation to allow full parliamentary scrutiny, and they pushed for compensation to be based on Judicial College guidelines, not simply on fixed tariffs, to preserve judicial discretion and to reflect the severity of injuries. They also urged the previous Government to ensure that any savings made from reducing fraudulent claims are passed on to consumers through lower insurance premiums—a promise that the insurance industry has been slow to honour and which is certainly not reflected in the consumer experience. We also look forward to the findings of the review on whether those savings have been delivered to customers.

We continue to support a system that is firm on fraud but fair to victims. Yes, we need robust safeguards, such as mandatory medical assessments and closer co-ordination between regulators, insurers and law enforcement to root out dishonest claims, but that must not come at the expense of those with genuine injuries. It is critical that review mechanisms are in place not just to track inflation, but to assess whether the tariff system continues to serve justice. We believe that the Government must do more to simplify the claims process, particularly for those who do not have or cannot access legal representation.

The updated tariff is a necessary correction for inflation, but it must not be seen as the end of the matter. The long-term success of the system depends on three things: maintaining fairness for claimants, preserving judicial discretion where needed and ensuring that promised savings are felt by customers. We must remain focused on people, not just on policy.

Sentencing Council Guidelines

Jess Brown-Fuller Excerpts

Monday 17th March 2025 Commons Chamber

[Sir Nicholas Dakin]

To be fair to the Conservatives, they did not work on the guidelines, but they were consulted on them, and they did respond to them in a positive way.

[Jess Brown-Fuller (Chichester) (LD)]

I note the comments by the chair of the Sentencing Council Lord Justice William Davis, who said that both Labour and Conservative Ministers, or their representatives, had known about the plans since 2022 and did not object. While I am disappointed that the Government are only acting reactively now, does the Minister not agree that the shadow Secretary of State has no shame and that it is hard to take his faux outrage seriously when this is just another audition for Tory leader?

[Sir Nicholas Dakin]

The hon. Lady has said what everybody else in this House and outside it is thinking.

Drones: High-security Prisons

Jess Brown-Fuller Excerpts

Tuesday 14th January 2025 Commons Chamber

[Sir Nicholas Dakin]

My hon. Friend is absolutely right that we need to work hard to address these issues, but if there were a simple solution, the previous Administration would have waved that magic wand and we would not be sitting here today. It is important that the ongoing work of prison governors, supported by HMPPS across the country and by Ministers, gets to the bottom of this and sorts things out, which is what we are trying to do.

[Jess Brown-Fuller (Chichester) (LD)]

LiveLink Aerospace in my constituency is a surveillance company that has created a technology that is being used on Royal Navy ships, in airports and on private yachts. This technology could be crucial to maintaining the no-fly zones above prisons, which were introduced in January last year. Will the Minister explore this technology? Will he come to my constituency to visit LiveLink Aerospace and see what the technology can do?

[Sir Nicholas Dakin]

It is important that we take advantage of what intelligence is out there. If the hon. Lady writes to me, I will be happy to follow that up appropriately with her and the business involved.

Oral Answers to Questions

Jess Brown-Fuller Excerpts

Tuesday 10th September 2024 Commons Chamber

[Alex Davies-Jones]

I thank my hon. Friend for that important question. Video links are available in all courts to help vulnerable and intimidated witnesses give evidence. We have recently invested £50,000 to transform witness facilities and upgrade video link rooms in 10 Crown courts. Pre-recorded evidence is also available in all Crown courts for eligible victims to spare them the trauma of giving evidence at a live trial.

[Jess Brown-Fuller (Chichester) (LD)]

To ensure that victims see justice, criminal cases need to be heard in a timely manner, which relies on a number of courts being in place to be able to hear them. The future of Chichester Crown court, which is the only Crown court in west Sussex, has been under threat for nearly a decade. Local campaigners fought to save that provision, leading to its reopening to clear the backlog, but its future remains uncertain. Will the Minister meet me to ensure the future of Chichester Crown court?

[Alex Davies-Jones]

We know that courtroom availability is essential to dealing with the backlog, and I will pass on that message to the courts Minister—the Minister of State, Ministry of Justice, my hon. Friend the Member for Swindon South (Heidi Alexander).