Courts and Tribunals Bill (Eleventh sitting)

Debate between Jess Brown-Fuller and Siân Berry

Committee stage
Tuesday 28th April 2026 Public Bill Committees

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

I rise to speak to my new clause 6, which would introduce specialist courts for sexual offences and domestic abuse cases. It is similar to new clause 2, tabled in the name of the hon. Member for Warrington North, and Conservative new clause 25, tabled in the name of the hon. Member for Bexhill and Battle.

We tabled new clause 6, which would ensure that specialist court capacity is made available for the fast-tracking of rape and serious sexual offence cases, because that was a Labour manifesto commitment. The Government have announced blitz courts, which will list similar cases together. They will be introduced to begin with in London and the south-east, where the backlog of cases is most severe, and will at first prioritise cases involving assaults on emergency workers. Our new clause would ensure that court space and time is set aside for RASSO cases.

The Government promised in their manifesto to implement specific rape-focused courts, but have chosen not to deliver that commitment. As of September last year, 16% of cases in the backlog were sexual offence cases. We all listened to the harrowing oral evidence from victims and survivors of rape who waited years for their cases to be heard. I pay tribute to them and to the hon. Member for Warrington North for their bravery in doing something incredibly challenging: reliving the most fragile moments of their lives. They did so incredibly well. We owe it to them to fix the system. I recognise that the Government are trying to do that, but they are choosing to do it in a different way from the way a lot of survivors are asking for it to be done.

Specialist rape courts have not been properly trialled. What have been trialled are courts with specific trauma-informed training. Fast-tracking rape cases will alleviate the wait that many face. If courts are trauma-informed, that might limit retraumatising experiences for victims at the point that they enter the process. In her written evidence, the Victims’ Commissioner said:

“Victims of rape are particularly impacted by the backlogs and by the criminal justice system more broadly. The duration between the case being received and completed at Crown Court is particularly high for rape offences, an average of 429 days compared to an average of 259 days for all offences… Specialist rape courts which expedite rape cases and ensure a trauma-informed approach via training and adaptions to the court environment could help lessen the impact of the system on victims.”

The Victims’ Commissioner has been calling for specialist rape courts since 2022 and was really pleased that the Government committed in their manifesto to introduce them. I think that comes from her experience working alongside a very limited pilot that created a trauma-informed court in a particular Crown court. I am sure she will be keen to see the Government make good on the commitment that they stood on just two years ago.

New clause 23, which is also tabled in my name, would require the Lord Chancellor to commission a report on the effect of the provisions of the Bill on the progression of rape and serious sexual offence cases, and to respond to the recommendations in the report. It is completely unacceptable that these cases are waiting for so long. We need to understand whether the Government’s measures make a material impact on those cases and reduce the time that people have to wait in the criminal justice system. The new clause is also supported by the Victims’ Commissioner, so that we can see real progress for victims who are stuck in the criminal justice system.

[Siân Berry (Brighton Pavilion) (Green)]

Huge apologies for my lateness, Sir John. I wish to speak in support of new clause 2 and lend my support to new clauses 6, 23 and 25, all of which seek to honour the commitment that the Government made in their manifesto at the last election. I have huge admiration for the hon. Member for Warrington North, both for her courageous and clear speech on Second Reading and for tabling new clause 2, which seeks to honour that commitment. I am heartened by how many Labour Members have added their names to the new clause, and I hope that the Government will listen.

New clause 2, which is detailed, would introduce specialist courts. It sets out the different ways in which guidance can deal with the difficulties that courts currently have in dealing with issues such as coercive control and honour-based abuse, and would make sure that the courts deliver justice in a timely and compassionate way. It is so important that we look at the many practical ways of dealing with the cases that we need to hear, for victims of domestic violence and sexual offences, that do not completely remove the right to select a jury trial, as the Minister has admitted the Bill will do, and that do not adjust the thresholds in courts so as to effectively abolish the centuries-old principle of jury equity. That principle is important to our democratic right to protest and to protect our fellow citizens from unjust prosecution, including by authoritarian or tyrannical future Governments.

The new clauses in this group outline how much can be done to make court processes support victims in a practical, kinder and more compassionate way. They would make the processes more trauma-informed, and more effective and just, as they would bring more successful prosecutions in cases of sexual and domestic violence. I also support new clauses 8 to 10, which would mandate training in such matters and which we will discuss later.

A goal of the Government’s reforms is to increase speed, and the new clauses would achieve that by focusing specialist courts on these important cases. We have debated extensively the many other practical measures that could speed up justice more generally and clear the backlog, which is getting in the way of far too many of these cases.

I really hope that the Government are listening and that we can vote on these issues today. I hope they will go away and listen more to the victims groups that are determined to put forward practical measures to deal with these things without affecting our fundamental rights, and introduce clauses that will do that—and remove clauses 1 to 7—on Report. That is the right thing to do. The issues have been laid out clearly during the Committee’s debates, and the Government now have an important choice to make.

Courts and Tribunals Bill (Ninth sitting)

Debate between Jess Brown-Fuller and Siân Berry

Committee stage
Thursday 23rd April 2026 Public Bill Committees

[Jess Brown-Fuller]

It is a pleasure to serve under your chairship, Dr Huq.

Clause 7 and schedule 2 will restrict the right to appeal the decision of a magistrates court to the Crown court, and will change the process that those appeals go through. Currently, a defendant has an automatic right of appeal from the magistrates court to the Crown court against either conviction or sentence; in either case, the appeal is a hearing before a judge and two magistrates. The Bill will instead introduce a requirement for an application for permission to appeal based on written grounds. A Crown court judge will decide whether to grant permission, and the appeal hearing would be heard by a single judge. Instead of a rehearing, the appeal would be only on the issues on which permission is granted. If the appeal is against conviction, the judge must allow the appeal if the conviction is unsafe. If so, the judge may order a retrial in the magistrates court.

It is not unreasonable to have a conversation about the appeals process, especially as there is a small amount of evidence of the system being abused by a very small minority of defendants who believe that the appeal will be successful on the grounds that the victim or witnesses will refuse to go through the experience again. I absolutely recognise that, and we need to put essential safeguards into the criminal justice system to provide greater protection for those victims. We will be getting to the crux of that issue over the next days in Committee.

However, clause 7 and schedule 2 are blunt instruments that will harm access to justice. We cannot ignore the fact that although a very small number of cases from the magistrates—less than 1%—go to appeal, more than 40% of those are successful at appeal. Given that the magistrates court will be hearing more complex cases that carry higher sentences, the measures will increase the risk of miscarriages of justice. Touching the appeals process at this point is unnecessary when it is currently sparingly used. The Criminal Bar Association has argued:

“Access to justice will be harmed. Who is going to find the lawyers who have time to review transcripts of evidence and prepare grounds of appeal? Who is going to pay them for that work? What about the defendants who were ineligible for Legal Aid, because of the lower cut off for eligibility?”

We discussed the eligibility cut-off in the previous clause.

JUSTICE has raised similar concerns, stating that replacing the automatic right of appeal with a multi-stage permission system

“is complicated and highly likely to be inefficient”,

and will fail defendants who cannot navigate these processes, as laid out articulately and clearly by the hon. Member for Bolton South and Walkden.

The current process means that appeals are heard by a judge and two magistrates. The opportunity for magistrates to sit with a Crown court judge to hear appeals is an important one, as it helps with the training of magistrates and drives up standards. Under the Bill, there are no circumstances in which lay justices would sit with professional judges. We are debating a number of amendments, some of which seek to restore the conditions we have right now—retaining the automatic right to appeal—and some that go further, although I think the shadow Minister suggested that he would not press them all to a vote.

I would appreciate the Minister’s explaining whether she thinks the processes being put in place by clause 7 and schedule 2 are compatible with the principles of access to justice that she has laid out previously in Committee. I remain gravely concerned that the measures will have a huge impact on the most vulnerable in society.

[Siân Berry (Brighton Pavilion) (Green)]

I am happy to have you back in the Chair today, Dr Huq. I wish to oppose the clause and the schedule. I am grateful to the hon. Member for Bolton South and Walkden for pointing out so clearly that the restrictions on appeals will push down hardest on the least advantaged people and will compound injustices in wider society, as well as the injustices put in place by other clauses.

I will not reiterate in detail the evidence we heard, or the speeches I made previously, about the risks of more errors due to the speedier but rougher and readier justice of the magistrates courts being applied to more cases, or the risks arising from higher sentences. However, clause 7 adds yet more risk to the potential harm from reducing the right to select a jury trial in clause 1 and the restrictions put in place by other clauses. This is counterproductive for the overall courts workload, too.

As others have pointed out, the clause will introduce a multi-step process. We heard in oral evidence from Emma Torr of Appeal that the

“multi-step process…will only increase the workload of both the magistrates and Crown courts. To give a very brief outline of how it works at the moment, the defendant or the solicitor can fill out a very simple form, which results in a quick rehearing at the Crown court. It takes a couple of hours at most and even less for sentence appeals.”

She also pointed out that the Law Commission had carefully considered the matter last year in a consultation paper that ran to 700 pages. She said:

“Its independent analysis was that the removal of the automatic right to appeal will increase the workload of the magistrates court and the Crown court.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 83, Q174.]

In our oral evidence sessions, we heard clear views about the lack of legal aid in magistrates courts for people without representation to meet fairly the test set for appeals. Fiona Rutherford of JUSTICE told us:

“Without a lawyer being present, and of course without there even being the right to appeal directly, you are leaving a whole load of defendants, who may well be wrongly convicted or may get the wrong sentence for the crime they have committed, floundering…I simply don’t know who will inform these people about how they will put grounds of appeal together, what grounds of appeal even are, how you formulate those, what key points you need to make in them to persuade a Crown court judge sitting alone in a room with just some evidence papers and how to put your best case forward.” ––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 86, Q184.]

These are serious matters of injustice. I do not know how the least advantaged defendants will be able to do anything to use the application to the High Court for judicial review, which seems to be the only remedy that the Minister has put forward to us today. I do not know how many miscarriages of justice are acceptable to the Minister, but I believe that these measures must not form part of the Bill, because of the impact that they will have on the right to justice for too many people.