Criminal Courts: Independent Review

Pam Cox Excerpts

Tuesday 14th October 2025 Westminster Hall

[Sir Ashley Fox (Bridgwater) (Con)]

It is a pleasure to serve with you in the Chair, Mr Efford. I am grateful to my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) for securing this debate. Increasing delays in Crown court trials are a very real problem. They pose a problem for victims, witnesses and those defendants who are eventually acquitted. We have heard that remand prisoners now make up 20% of the prison population—a population that is at capacity and needs reducing. If we could speed up the rate at which Crown courts, and indeed magistrates courts, deal with cases, that would lead to a partial solution for our crowded prisons. I thank Sir Brian Leveson for his report; he makes interesting and important recommendations, but in the time available I will focus on one of Sir Brian’s proposals with which I disagree: curtailing access to jury trials.

I support the proposal to allow defendants to elect for trial by judge alone. I do not see any diminution in the rights of a citizen in that proposal. I am concerned at Sir Brian’s other proposals, which would reduce the defendant’s right to trial by jury. I regard that right as a fundamental freedom of our country. As parliamentarians, we should be very slow to limit it.

[Pam Cox (Colchester) (Lab)]

Does the hon. Gentleman agree that the jury trial system has evolved over time—it has been with us for centuries—and has changed intermittently over time: it looks very different now than it did in the 13th century. In the 19th century, civil adjudications were taken out of the jury trial system and our civil justice system is still extremely robust.

[Sir Ashley Fox]

The hon. Lady makes a good point, but before curtailing that restriction further I would want to be persuaded that there are very real benefits. I am afraid that I see none, or at least I see no evidence of any. As my right hon. and learned Friend the Member for Kenilworth and Southam pointed out, each of the trials under the new court that Sir Brian proposes would require a sitting judge and a sitting day. There is little evidence that removing the jury from that process will make a great deal of difference to the time it takes. In my view, therefore, the focus of the Ministry of Justice should be increasing the productivity and efficiency of our Courts Service.

The House of Commons Library produced a useful document, on page 17 of which we can see the Crown court caseload in England and Wales. The receipts and the disposals have risen only marginally since the pandemic, and yet the outstanding caseload continues to rise. I put it to the Minister that the reason for those delays is not the jury system—that is simply a misunderstanding. The problem is that the Courts Service is not working as efficiently as it should be. That might be partly due to failing buildings or computer systems, but I fear that in Sir Brian Leveson’s recommendation, we have a solution in search of a problem. There have always been certain judges and barristers who have never liked jury trials, and I am reluctant to accept this proposal by Sir Brian.