Courts and Tribunals Bill

Karl Turner Excerpts

Tuesday 10th March 2026 Commons Chamber

[Mr Lammy]

Juries remain a cornerstone, and I reassure the hon. Gentleman that what we are proposing is about protecting juries. Let us be clear, however, that the Bill is not just about juries; it is a whole package, and that is why I set out just a few weeks ago that investment was key. This is £2.78 billion of investment. As Sir Brian told us in part 2 of his reforms, modernisation and dealing with efficiencies in the system are fundamental.

Victims are worn down, people simply give up, cases collapse and offenders remain free to roam the streets, to commit more crimes and to create more victims. To restore swift and fair justice, we are pulling every lever available, with essential investment, modernisation and reform. Let me start by addressing the reform that has provoked the fiercest debate. The new Crown court bench division, or our so-called swift courts, are dealt with in clause 3 of the Bill. The new division will hear cases with a likely custodial sentence of up to three years, to be heard by a judge sitting alone. The independent review of the criminal courts predicts that this will reduce trial times by at least 20%, and Sir Brian believes that the gains could be greater still. It will free up thousands of hearing days for the more serious cases. That is not just Sir Brian’s view; analysis published today by the Institute for Government supports the modelling behind these reforms, and the predicted time savings that they will deliver. Let me be absolutely clear: indictable-only offences will remain for juries. The most serious crimes, including murder, manslaughter, rape, robbery and grievous bodily harm with intent will never be heard in the new division.

This is not a new principle. Judge-alone trials operate successfully in countries such as Canada, where judges told me that such trials were as much as twice as fast as jury trials, and they are already a normal, everyday part of our justice system. District judges sit alone in magistrates courts every single day, youth courts operate without juries, and family courts deciding whether a parent can see their child always sit without juries.

[Karl Turner (Kingston upon Hull East) (Lab)]

When the Justice Secretary talks about juries, is it not right to point out that 0.4% of cases from the magistrates courts are appealed against, and that of that 0.4%, which is about 5,000, 41% are successful on appeal? What does he say about that?

[Mr Lammy]

My hon. Friend is entirely right: 41% are successful, and that, of course, means that 59% are not. With the new permission stage, those 41% would still get through. It seems to me absolutely right that, in order to make the system properly efficient, we have the same set of standards. As is set out in the Bill, people would appeal from a Crown court beyond, as they appeal from the magistrates court to the Crown courts.

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[Karl Turner (Kingston upon Hull East) (Lab)]

Madam Deputy Speaker, you and I have been friends for some time. I think you were elected in 2015. Soon after that, your talents were recognised and you were quickly given a ministerial brief. You know my politics, as we have crossed swords many a time, so you know it pains me to congratulate the hon. Member for West Suffolk (Nick Timothy), the shadow Justice Secretary, on his outstanding contribution; there was really nothing in it that I could disagree with. None the less, I do welcome the intervention of my right hon. Friend, the Justice Secretary and Deputy Prime Minister, because it is true that since he has been in post, he has secured the biggest investment for the criminal justice system in decades, amounting to something in the region of £2.5 billion. I commend my dear friend for that work, which I know will have taken some serious graft with the Treasury officials and the Chancellor of the Exchequer.

It is true that much of this Bill is absolutely critical, including the actions to reduce the backlog. No Member of this House wants to see victims of crime languishing, waiting for months and years for their cases to be heard. The Labour Government’s policy on reducing violence against women and girls is crucial as well. It is also right to say that the previous Government savaged the criminal justice system, underfunding it during the austerity years. But I have to be honest: it was not just the previous Tory Government who did that. The criminal justice system has been badly treated and badly funded for decades.

There are parts of this Bill, though, that are unworkable, unjust, unpopular and unnecessary, including jury trial curtailment, the extended powers for sentencing in the magistrates courts, and the removal of the right to elect jury trial for offences with less than three years’ tariff. It is concerning that the Government are doing away with the automatic right of appeal in the magistrates courts—that is essentially what is happening—because, as I said in an intervention, about 0.4%, or around 5,000 cases, go to appeal and 41% of those appeals are successful.

I am afraid to say that the analogy used by the Justice Secretary, of somebody stealing a bottle of whisky, is an unfortunate one. I do not pretend to be a terribly eminent lawyer—I was prosecuting and defending the theft of Mars bars in my second six pupillage before I was elected to this House in May 2010—but never did I see a situation in the magistrates court in which a defendant was advised to elect for a trial when they had allegedly nicked a bottle of whisky. That scenario is for the birds, to be perfectly honest. It is on the same level as the Justice Secretary, in his MOJ video, referring to a scraped knee in an A&E triage situation—it is unfortunate and disappointing, and he could do much better. The Institute for Government report, published today, states that the MOJ modelling is sound, but that it relies on several uncertain assumptions. That is a very grave concern.

I am not going to detain the House terribly long. Yesterday evening, I had what I can only describe as an incredibly honest and robust, but constructive, discussion with the Deputy Prime Minister, and I am glad to say that that discussion produced something of an offer. I think it is absolutely imperative that one of our number—one of those of us who are opposed to these changes for principled reasons—has a seat on the Public Bill Committee. Colleagues told me that this was impossible. They said, “It’s never going to happen.” They said that the Chief Whip would never concede to allowing one of the so-called rebels on to the Bill Committee. But, following the Deputy Prime Minister’s representations to the Chief Whip, that guarantee was made. For that reason and for that reason alone, I will abstain from voting on the Bill today.

Let me put it in this way: I will abstain today because I think there is a possibility of making progress, and because I trust my right hon. Friend to negotiate in good faith with colleagues who are opposed to the Bill. What I do not appreciate is MOJ officials spinning the line that “even Karl Turner was unable to persuade enough people to rebel against this Bill.” That is not right, it is unfair and, frankly, it is unbecoming of a Secretary of State in any Department. None the less, I abstain today and I sincerely urge my colleagues to abstain as well. I am more confident now than ever before that the worst parts of the Bill will be defeated by amendments. I sincerely ask my right hon. and hon. Friends to let the Bill pass its Second Reading, so that we can make progress on getting rid of the bits of this Bill that are completely unworkable, unpopular, unjust and unnecessary.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.

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[Sir Geoffrey Cox]

Not just now.

I say to the House, in all conscience, that jury trial is precious. Why? It is precious because it unites all parts of the political spectrum. It is precious because it allows the people of this country to be directly engaged in the adjudication of guilt or innocence in thousands of cases across the country.

At a time, as my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden) pointed out when he rose to intervene, when our institutions are under unprecedented attack, is now the time to transfer a massive chunk of the administration of criminal justice and the decisions on the guilt or innocence of a fellow citizen to a representative who unquestionably will be seen as a representative of the state? It is the jury that protects us from the allegation that the state is deciding upon that citizen’s future. That is what protects, preserves and enhances the reputation of the administration of justice.

[Karl Turner]

It was telling when Jo Hamilton OBE wrote to the Justice Secretary—I think it was yesterday—to respectfully remind him that, as a victim of the Post Office Horizon scandal, under the legislation proposed, not one of the 900 sub-postmasters who were convicted would have been entitled to a trial before their peers. What does the right hon. and learned Gentleman say to that?

[Sir Geoffrey Cox]

I agree entirely with the hon. Gentleman. Postmasters, postmistresses, postmen—those whose honesty and integrity are integral to their employment and who, for a breach of trust, would not receive three years’ imprisonment—would all be deprived of their jury trial, and at a time when the sharks and the vultures are circling around the institutions of this country. We are now on the brink of undermining—I believe irredeemably—one of the most precious of those institutions, which commands almost universal assent. Let me say why.

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[Tony Vaughan (Folkestone and Hythe) (Lab)]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests, which includes my status as a barrister.

Let us remind ourselves of the issues here. It is unacceptable that criminal trials should be listed today for 2030. That is a failure of the state. It is a failure of the state to provide a fundamental public service—that of justice. So the Government have to act, and I do not accept the argument that things have to stay as they are. I welcome the Government’s £2 billion investment in the criminal justice system and the decisions to lift the cap on Crown court sitting days, to implement efficiencies, to invest in the estate and to streamline case management. All of that is overdue and should have been done by the Conservatives. This is about ensuring that trials actually go ahead. However, the Government believe that that will not be enough to address the backlog without structural change, and I have not heard any attempt to argue to the contrary.

I turn to the most contentious element, which is the permanent removal of the right to elect jury trial for either-way cases. As hon. Members have said, this rests heavily on Sir Brian Leveson’s assessment of a minimum 20% time saving in the Crown court. Sir Brian has been candid that his estimate is based on modelling and is an informed qualitative judgment, not a hard empirical fact. The Ministry itself accepts that this modelling might not fully reflect real-world operations, and when dealing with a safeguard as important as trial by one’s peers, where liberty is at stake, the distinction between modelling and hard data matters. Most people seem to agree that those measures will save time, but there is a dispute about how much they are likely to save.

[Karl Turner]

What does my hon. and learned Friend say about the fact that judges will have to give detailed reasons for their judgments and for why they have decided on a case in a particular way? I declare an interest: my wife is a judge and it takes her days, and often more than a week, to come up with the reasons for the decisions that she has taken.

[Tony Vaughan]

I practised as a civil lawyer for most of my career, and I have been challenging written reasons and decisions my whole career. I do not have a problem with judges issuing written reasons in the criminal jurisdiction. I think it is a way of getting more transparency about why those decisions have been made. That is my personal view.

Ideally, I would have piloted this system first and gathered the data, and only then, if that data showed that the measures were necessary to reduce the backlog, would it have been difficult to rebut. If Sir Brian is right and these reforms clearly cut waiting times, that will be good for victims and public confidence. However, if the proposals are rolled out nationwide and he and the Government are wrong, and the gains are negative or outweighed by harms to fairness, equalities or public trust, particularly for minority defendants, it will be important that this House should not have tied its hands.

Removing the right to elect jury trial takes out around half of our jury trials. It is a very real interference with existing safeguards and it should not be a permanent change before we know that it works in practice. That is why I believe there must be a clear statutory mechanism in the Bill allowing Parliament to reverse this change if it does not work. In my view, we need a time-limited mandatory review on the face of the Bill to track timeliness, conviction patterns and equalities impacts, with an explicit power to require Ministers to restore the right to elect if the reforms do not deliver. A clause of that nature would be a statement of confidence in Parliament’s oversight, rather than of a lack of faith in the reforms, as has been suggested.

Expanding judge-only trials requires us to address the fact that the judiciary do not reflect our country’s diversity. Replacing lay juries with a single judge demands an intense focus on how we improve judicial diversity, and particularly transparency in appointments. For example, judicial references must be disclosable so that there is accountability for providing objective, evidence-based references if we are to improve the recruitment and promotion pipeline for women and minority ethnic judges.

One of the last cases in the courts that I was involved in before I was elected to Parliament was a judicial review of a decision of the Judicial Appointments Commission not to promote a district judge into a more senior position. The whole case was about why she could not see the reasons that she was not promoted. That secrecy, which is behind what many campaigners believe has been a process of secret soundings or a tap on the shoulder, has resulted in the situation that we have of a bench recruiting in its own image. That concept was recognised by the Lammy review, and it is a very real thing that we must address if we are to expand judge-only trials.

We face a grave crisis, but if we are to curtail long-standing rights, we must build robust safeguards into the Bill. I hope that Ministers will work constructively with Members across the House to ensure that we tackle the backlog effectively while strengthening confidence in our justice system.

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[Apsana Begum (Poplar and Limehouse) (Lab)]

No one is denying that after 14 years of desecration by the Conservatives, the backlog in the Crown courts is out of control and stacked against victims, but curtailing jury trials is not necessary to tackle it. There is no evidence that these plans will fix the problems in our criminal justice system, and the Institute for Government has suggested that restricting juries could save less than 2% of court time.

It is no wonder, then, that thousands of lawyers have written to the Government to oppose these plans. They do acknowledge, like many of us, that the Bill contains some good provisions, including the repeal of the presumption of child contact, which has been long campaigned for by many of us in this House and by organisations such as Women’s Aid and Right to Equality, and led by the incredible Claire Throssell, who joins us in the Special Gallery. The Bill will also make transcripts available from the magistrates court, which has been long campaigned for by Charlotte and the team at Open Justice for All, among others, and supported by many of us in this House. However, on the curtailment of jury trials, I have spoken with many rape victims who feel that their trauma is being instrumentalised to undermine and restrict a fundamental cornerstone of our democracy—all for cost-cutting purposes. Of course, they want reform of the criminal justice system, but they want it to be evidence-led.

The value and importance of a jury system cannot be overstated. The House will be aware that I was cleared by a jury in 2021 after a vexatious trial driven by malicious intent. Originally, my case was set to be heard in a magistrates court. I am not saying that that would have led to a different outcome for sure, but for someone of my background—working class, Muslim, and a woman of Bangladeshi heritage—the risk of a miscarriage of justice would have been much higher, without a shadow of a doubt. Back in 2017, the now Justice Secretary said in his report:

“Juries are a success story of our justice system. Rigorous analysis shows that, on average, juries—including all white juries—do not deliver different results for BAME and White defendants…This positive story about the jury system is not matched by such a clear-cut story for magistrates’ verdicts… In particular, there were some worrying disparities for BAME women… Of those women tried at Magistrates’ Court, Black women, Asian women, Mixed ethnic women and Chinese/Other women were all more likely to be convicted than White women.”

The Bill will entrench structural discrimination, and I believe that Justice Secretary knows it. Indeed, I am also alarmed by the proposals to introduce trial by judge for some financial and fraud cases. As the Criminal Bar Association has highlighted, over 78% of barristers have said that it is important for juries to be able to evaluate complex evidence and prevent overreach in financial and fraud cases. In my case, the jury considered evidence over eight days—that was necessary, in my view.

[Karl Turner]

I have just looked at the recent stats. In 2025 there were 67 ethnic minority circuit judges and 42 judges of unknown ethnicity, while there were 637 white judges, the vast majority of whom were men. What does my hon. Friend say about that?

[Apsana Begum]

My hon. Friend highlights important and vital statistics that illustrate an issue in the legal system: it does not reflect the wider diversity of communities who experience and go through the criminal justice system.

The majority of women in prison are survivors of violence against women and girls; nearly 70% of women in prison report having experienced domestic abuse. They are more likely to have been tried in a magistrates court for either-way offences that could have been considered by a jury. I am very worried that the proposals in the Bill will result in more victims being jailed. This really matters. Three-year prison terms are life-altering sentences, but under the Bill they could be handed out by a judge.

The Government have no mandate for a decision of such magnitude—it was not in the Labour party’s 2024 manifesto. Instead of restricting jury trials, I urge them to invest in and properly fund our criminal justice system in order to address the issue of court backlogs. Everyone—every single one of us—should have equal rights in our legal and court systems. Jury trials are a fundamental legal safeguard against miscarriages of justice, and surely our society should be based on true fairness in the course of delivering justice.