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.

Oral Answers to Questions

Pam Cox Excerpts

Tuesday 16th September 2025 Commons Chamber

[Alex Davies-Jones]

I thank the hon. Member for that really important question. All my thoughts are with Louise and, sadly, so many like her who are waiting for justice. We know that justice delayed is justice denied. That is why we asked Sir Brian Leveson to conduct the once-in-a-generation reform of our criminal courts system: to ensure that we have a criminal justice system fit for the future, which breaks down the backlog on our court cases so that victims such as Louise are no longer waiting for justice.

[Pam Cox (Colchester) (Lab)]

Last week the Justice Committee heard evidence about the use of special measures to support vulnerable or intimidated witnesses to give their best evidence. That is obviously so important in rape and sexual assault cases. Will the Minister reaffirm her support for the continuing use of those measures, despite some debate about the evidence of their effectiveness?

[Alex Davies-Jones]

I was pleased to attend the Justice Committee to discuss how important section 28 is to vulnerable witnesses and victims, and the difference that it makes by allowing victims of rape and sexual offence crimes specifically to be maintained within the justice system, allowing them to give their evidence in a safe manner that is more accessible to them. In a justice system where currently 60% of rape victims are withdrawing from the process because of the backlog, the waits and how traumatic it is, anything that helps them to be maintained in the criminal justice system is worth championing.

Sentencing Bill

Pam Cox Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Pam Cox (Colchester) (Lab)]

I am pleased to speak in support of the Bill, which seeks to make our society safer through more effective sentencing of offenders, whether in custody or in the community. I declare an interest as chair of the all-party parliamentary group on penal affairs and as a member of the Justice Committee. I also declare a prior professional interest as an historian of criminal justice.

Sentencing is one of the ultimate powers of the state: the power to punish by depriving a citizen of their liberty. It also protects the liberty of others by preventing crime, whether through deterrence or rehabilitation. The history of our prisons system tells us that when prison neither deters nor rehabilitates, prison fails and the public are let down.

The Bill draws on the independent sentencing review conducted by the former Secretary of State for Justice, David Gauke. The review was driven, as we have heard, by a crisis we inherited from the previous Government, with a massive rise in the number of inmates and an utter failure to plan and prepare for them. We have far too many people in prison. The number has doubled over the past 30 years, from 43,000 in 1993 to over 87,000 last year. That rise in inmate numbers has been caused not by an increase in reported crime, but largely by an increase in the use of short custodial sentences and an increase in recalls to prison of those who have breached their licence conditions. When our prisons are packed to the gunwales, they cannot do their vital job of turning offenders away from crime and they cannot offer value for the billions of pounds of public money put into them.

The Gauke review found that, in the year to September 2024, nearly 45,000 people—58% of all custodial sentences—were given a custodial sentence of less than 12 months. It also found that the recall population has more than doubled over the past seven years, rising from around 6,000 to well over 13,000.

In recent months the Justice Committee—I am surrounded by several members of the Committee—has heard shocking evidence about the everyday impacts on a prison system that is running red hot. We have heard about education sessions that cannot be delivered due to lack of space, about substance-free wings being used to house inmates who may not need those services but simply need a cell, and about repairs to crumbling prison buildings that cannot be completed because no decant space is available.

The Bill seeks to tackle that by reviewing short sentences and resetting sentencing culture. It will do that by: as set out in clause 1, a presumption to suspend short custodial sentences of 12 months or less unless exceptional circumstances apply; and, in clause 2, extending the availability of suspended sentences. As we have heard, the Bill will do much more than that. Notably, it will strengthen community justice and refresh the powers of our Probation Service, although I note the comments of my hon. Friend the Member for Amber Valley (Linsey Farnsworth) about the resources needed to sustain that. It also seeks to make it easier for domestic abusers to be flagged across the justice system. That is all to be welcomed.

That said, some proposals in the Bill will require close attention in Committee. For me those include: the procedural mechanisms for flagging domestic abusers, which must be robust; the proposed use of photographs of offenders undertaking paid work, which will need careful consideration; definitions of excess wealth when applying income reduction orders; and the procurement arrangements for enhanced electronic tagging. I hope that Ministers will be willing to engage on those questions as a means of strengthening this much-needed Bill, as this is a much-needed reset of our sentencing processes.

Criminal Justice

Pam Cox Excerpts

Wednesday 25th June 2025 Commons Chamber

[Pam Cox (Colchester) (Lab)]

I rise to speak as the Member of Parliament for Colchester and as a member of the Justice Committee. I also declare an interest as the recently elected chair of the all-party group on penal affairs.

The estimate for the Ministry of Justice proposes a 6.5% increase in day-to-day spending and a 20.8% increase in capital investment. Those are welcome figures. They are necessary because this Government inherited from the previous Government a crisis across the criminal justice system: in our courts, our prisons and our probation services.

Let us begin with our courts. As my hon. Friend the Chair of the Justice Committee outlined, the Crown Court backlog stands at more than 74,000 cases—double the number in 2019. Victims are waiting years for justice. The increase in sitting days and the investment in digital infrastructure are a necessary first step. As a member of the Select Committee, I have visited our courts where dedicated public servants are working hard, despite the challenges, to deliver justice for victims. We need bold reform, and I look forward to the recommendations of Sir Brian Leveson’s review later this year. We all hope that they will indeed be bold. The justice system too often appears to be stuck in a bygone age.

In our prisons, we all see the failures of the last Government laid bare: failure to plan for the long term in prison places, failure to rehabilitate prisoners, and failure to prevent reoffending. The prison population now exceeds 87,000, with projections of more than 100,000 prisoners by 2028. Overcrowding is rife, with 24% of prisoners held in crowded conditions. The maintenance backlog has ballooned to £1.8 billion. There cannot be effective rehabilitation in a prison system that is so overcrowded.

Time and again, the Select Committee has heard about poor contract management, and a failure around transparency and value for money across a range of contracts, from education to maintenance to drug and alcohol services. I hope that the Procurement Act 2023 will tighten up those essential processes. The Act has to be fit for purpose. If procurement is not fit for purpose, prisons will not be fit for purpose.

The Government’s 10-year prison capacity strategy promises 14,000 new places, compared with just 500 under the last Government over those 14 wasted years. However, as my hon. Friend the Member for Liverpool Riverside (Kim Johnson) said, we cannot just build our way out of this crisis. We need a smarter approach to sentencing and rehabilitation. I welcome the Justice Secretary’s commitment to the earned progression model and the expansion of community-based alternatives. Earned progression must be matched with access to decent prison programmes, health, education, wellbeing and so on, so that progression is indeed earned and helps offenders to turn their life around, thereby protecting the public and victims from harm.

Those reforms must be matched by investment in probation. The Probation Service is under severe strain, with many local services rated as inadequate and staff turnover still too high. The £700 million earmarked for probation reform is a start, but we must ensure that it delivers real, measurable improvements in reoffending rates.

Expenditure on legal aid is down 31% in real terms since 2010. That hollows out access to justice. The recent commitments to increasing funding for solicitors and youth court work are welcome, but I echo Labour colleagues’ comments that we need to go further on legal aid where possible. A justice system that works only for those who can afford it is no justice system at all.

The estimate reflects a Government who recognise the scale of the challenge. The Secretary of State and her ministerial team have worked hard to deliver the increase in funding. The last Government lost control of the courts, prisons and probation. These measures will go some way towards putting that right so that we can all have faith in our justice system again.

Courts and Tribunals: Sitting Days

Pam Cox Excerpts

Wednesday 5th March 2025 Commons Chamber

[Shabana Mahmood]

We are talking about the highest ever funded allocation in the Crown courts, and 110,000 sitting days, which is a record. The hon. Gentleman says that is small beer; I wonder whether he had been imbibing something before getting to his feet.

[Pam Cox (Colchester) (Lab)]

I welcome the Lord Chancellor’s announcement of additional sitting days. The Justice Committee has been looking into the court backlog issue, and we have also been hearing about the ongoing need for the digitisation of court and wider criminal justice processes. We need to replace the creaking paper-based system, which is contributing to the delays. Will the Lord Chancellor continue to support drives for successful digitisation of those processes, and will she also join me in congratulating the Conservative party on marking International Women’s Day in such style?

[Shabana Mahmood]

My hon. Friend is right to make that point about digitisation and efficiency. Following the first phase of the spending review, I have funded ongoing work to improve digitisation of all our court processes, because, as my hon. Friend has said, we need to move away from our current paper-based and paper-heavy systems. Part 2 of Sir Brian Leveson’s work, which will produce a report in the autumn, will involve looking at cross-system efficiency as well. My hon. Friend is right about the need to increase productivity and efficiency, because that will be the final part of the puzzle if we are to sort out the backlog.