Courts and Tribunals Bill

Paulette Hamilton Excerpts

Tuesday 10th March 2026 Commons Chamber

[Paulette Hamilton (Birmingham Erdington) (Lab)]

I rise to speak on a Bill that is both necessary and difficult. Let me start by saying that I support its intention to tackle a Crown court backlog that has more than doubled since the pandemic, leaving victims waiting years for justice. Let us be clear what the backlog means: as the Victims’ Commissioner has warned, some trials are now listed for 2030. The bench division serves a purpose by enabling judge-alone trials for lower level cases, which means we can free up capacity and expect hearings to take about 20% less time.

I represent Birmingham Erdington, a working-class constituency with a proud and diverse ethnic minority community. It is from the perspective of my constituents that I must scrutinise this Bill.

Clause 3 removes a defendant’s right to elect for a jury trial for either-way offences, replacing it with a judge-alone trial in a new bench division for offences likely to attract sentences of three years or less. Crucially, this is not a temporary pilot—it contains no sunset clause. This is a permanent structural change to one of the oldest rights in our justice system. The intention to speed up our justice is honourable, but my concern is about trust and perception.

[Pam Cox]

I very much respect what my hon. Friend is saying, but the right to elect is not an ancient right; it was introduced in 1855 and escaped reforms in the 1970s. It is therefore a relatively recent addition to the judicial armoury.

--- Later in debate ---

[Paulette Hamilton]

I thank my hon. Friend for that contribution.

For ethnic minority communities, that right has been seen as a vital protection against fear of bias, whether conscious or unconscious. A diverse jury of 12 brings the common sense of the community into the room; a single judge, however learned, does not offer that same representation.

[Sarah Russell]

The Judicial Executive Board produced a report on judicial bullying and racism in 2022, but has never published it. Does my hon. Friend agree that that backs up her point that there are concerns about the judiciary?

[Paulette Hamilton]

I absolutely agree. That does back up what I am saying.

I am not suggesting that our judiciary is biased, but perception matters, so I ask the Minister for two specific assurances. First, the Bill contains no clear statutory review, and there is no start or end date. Clause 3 allows the new provisions to be brought into force by regulation with a three-month minimum lead-in time, but beyond that, scrutiny is absent. I welcome that the Justice Secretary has announced a review. Can the Minister confirm the exact timeframe for that review? When will it begin and, crucially, when will it end?

Secondly, if there is to be a review, I urge the Minister to make its scope explicit. Will the Minister commit today that any review will break down data by ethnicity? We need to know if this new system is leading to disproportionate outcomes for ethnic minority defendants.

[Jonathan Davies (Mid Derbyshire) (Lab)]

My hon. Friend is making a very good speech and putting victims at the heart of what she is saying. I share some of her concerns about the legislation as it stands, but does she agree that we should vote for it today, so that we have the opportunity to influence it and improve it in the interests of public trust as it passes through the House?

[Paulette Hamilton]

I agree absolutely. Unless we work together to sort this out, we will not get a decent Bill that everybody can be happy with. To just throw it out at this stage would serve no purpose for anyone.

The crisis in our courts demands action, and the Government are right to act. I urge the Minister to commit today to strengthening the scrutiny of these measures and putting a clear review on the face of the Bill. Let us prove to my constituents that their faith in justice is still well placed. I look forward to working with the Justice team on the Committee to strengthen this clause.