Courts and Tribunals Bill (Ninth sitting)

Rebecca Paul Excerpts

Committee stage
Thursday 23rd April 2026 Public Bill Committees

[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.

[Rebecca Paul (Reigate) (Con)]

It is an honour to serve under your chairmanship, Dr Huq. I do not support clause 7 or schedule 2. I welcome the debate on various amendments and the comments from the Minister.

Clause 7 and schedule 2 would replace the current automatic right of appeal from the magistrates court to the Crown court with a much narrower permission-based system. At present, a defendant convicted in the magistrates court can appeal to the Crown court against conviction or sentence, and that appeal is heard by way of a full rehearing, usually before a Crown court judge sitting with between two and four magistrates. About 40% of conviction appeals and 47% of sentence appeals succeed.

We are now being asked to introduce a system that would instead require permission for such appeals, would usually proceed on written grounds, would be heard by a single judge and would limit the grounds on which permission is granted. The Government say that that would save about 500 Crown court sitting days. I feel that I may be running out of ways to phrase this sentence, but yet again we are seeing a significant roll-back of an important safeguard, justified on the basis of a small hypothetical gain.

We should ask ourselves whether an important protection is being weakened for anything like a proportionate return. On clause 7, I do not believe that it is. I strongly emphasise that appeals are not historical oddities or a procedural quirk; they are one of the principal safeguards against the risks inherent in summary justice. The Bar Council is very clear:

“The proposed change would remove a vital safeguard against wrongful summary conviction and excessive (or unlawful) sentences imposed by magistrates. The consequence risks adding to the burden on the criminal courts rather than reducing it.”

It goes further and says that the current right

“does not appear to be exercised frivolously or vexatiously.”

The Law Society made similar points in its written evidence: it said that the automatic appeal route is a “vital safeguard” and that in 2024 it was used in 2,487 cases, overturning magistrates’ decisions in 41% of convictions and 44% of sentences. It describes about 1,000 miscarriages of justice as being corrected through that route. That is the central fact that the Government cannot really get around. If four in 10 conviction appeals and nearly half of sentence appeals succeed, that cannot be read as evidence that the appeals process is being abused. In fact, it is the opposite: the process is demonstrably being exercised appropriately.

I am deeply concerned that if we roll back the right to appeal, we will be locking the door on an unknown number of cases in which a conviction might have been found to be erroneous, but will now not be identified as such. That is an unknown number of miscarriages of justice not put right, and an unknown number of lives ruined. I am not willing to pay that price for the gain of 500 sitting days, and I cannot bring myself to believe that Government Members are differently inclined.

We do not particularly need to speculate about what the safeguards protect against, because we can point to recent examples. In the notorious Hamit Coskun case, a defendant convicted in the magistrates court of a section 5 public order offence had his conviction quashed on appeal to the Crown court. The appeal court found that the prosecution had failed to prove essential elements of the offence and stated plainly:

“For these reasons we allow this appeal and quash…conviction”.

That is the automatic appeal route doing exactly what it is supposed to do and correcting a conviction that should never have been imposed.

--- Later in debate ---

[Sarah Sackman]

Yes, I do. This is why we have to get this right. As I say, we are firmly committed to improving transparency across the system and making a success of it, but those changes have to be balanced against the operational realities and the financial realities in which our court system operates.

Proposed new section 108S of the Magistrates’ Courts Act 1980, to be inserted by schedule 2 to the Bill, will already provide the power for the rules of court to provide free transcripts to any person the Secretary of State directs. The amendment is therefore not required, as the intended effect will already be achieved under the current drafting.

We have taken significant steps to strengthen transparency, including expanding transcript provision, so that all victims who want them will be able to request free transcripts of Crown court sentencing remarks directly relevant to their case from as early as spring 2027. That is a meaningful step forward for victims. In cases of public interest, Crown court sentencing remarks are already published online, and broadcasters are able to film sentencing remarks in the Crown court with the agreement of the judge.

We are focused on driving improvement for the longer term, exploring how technology, including AI, can reduce the cost of transcript production in future and make it more widely available. That is why we are undertaking a study into the use of AI transcription in court hearings. All this work will provide this Parliament and future Parliaments with an evidence base for future decisions about how transcript provision could be expanded in a way that is operationally sustainable and delivers real-world benefits for victims, including in the magistrates court, over time, as recording capability expands.

[Rebecca Paul]

One thing I have increasingly noticed, particularly in high-profile cases, is that people live-tweet, setting out exactly what is going on. That is another thing to bear in mind. I very much welcome the progress that the Minister has set out, but in the world of social media it is important that people, and particularly victims, can get an accurate transcript as easily as possible, especially if something inaccurate has been tweeted out.

[Sarah Sackman]

The hon. Lady raises a valid point. All sorts of work needs to be undertaken about the use of social media in courtrooms, whether by juries or other participants, and where that is and is not appropriate, particularly in the context of reporting restrictions that are put in place for a good reason. But on this point, we think that the amendment is not needed. We can continue to make progress informed by an evidence base. For those reasons, although we are in real consensus on the principle of this, I urge the hon. Member for Chichester to withdraw her amendment.

--- Later in debate ---

[Dr Mullan]

We now come to a series of considerably less contentious clauses, including clause 8, relating to the admissibility of evidence in our criminal courts. This area of the Bill deals with the sensitive and often contentious issue of sexual history evidence. Of course, we want victims of rape, sexual violence and domestic abuse to experience a justice system that treats them with dignity and protects them from irrelevant, prejudicial attacks. Complainants can be subject to questioning that is invasive and distressing, that may not be relevant or may hold little or no genuine relevance to the legal issues at hand.

Clause 8 seeks to tighten and clarify the rules governing when a complainant’s previous sexual behaviour can be introduced as evidence. The underlying principle is that a complainant should not have their credibility undermined through assumptions, stereotypes or what are often described as rape myths regarding their past.

To achieve this, the clause will replace the current model with a more rigorous admissibility framework. Under the new rules, such evidence may be admitted only if it meets one of two criteria: it must have substantial probative value in relation to a matter of substantial importance to the case as a whole, or it must constitute important explanatory evidence. This shift is intended to ensure that only genuinely relevant material is put before the court.

Furthermore, the clause explicitly requires the court to consider whether the suggested value of the evidence relies on inferences that cannot be properly drawn, to avoid the situation in which evidence is admitted with the defence knowing what inferences be drawn even if it would not be proper to do so. That is another important safeguard designed to prevent the trial process from being distorted by prejudice.

Although the Opposition support the aim of ensuring better protection for complainants, our role in Committee is to ensure that the law is not only well intentioned, but clear, workable and consistent with the right to a fair trial. I am sure the Minister agrees that there cannot be a blanket ban on the admission of this sort of evidence where it meets those tests.

I have a number of questions in relation to the need to ensure that the measure does not create any unintended procedural hurdles. To forewarn the Minister, this will be a consistent question across these clauses, but what assessment has been made to ensure that the substantial probative value threshold is sufficiently precise—not sufficiently high or low, but sufficiently precise—to meet both sides of the coin, and that it is workable in practice? How do the Government intend to monitor the application of the new framework to ensure that it delivers the intended protection for complainants? Is the Minister confident that the drafting strikes the correct balance between protecting victims from inappropriate and invasive questioning and upholding the fundamental right of a defendant to a fair trial?

The need for reform in this area has been well argued, and protecting victims from irrelevant and prejudicial questioning is a goal we all share. However, as I have said, the Committee’s task is to ensure that this clause is the right approach. That is something we should continue to explore throughout the later stages of the Bill.

[Rebecca Paul]

It is truly a pleasure to get to a part of the Bill on which I suspect we will agree more than we will not. I think we will all find that rather refreshing after the last few sittings.

Clause 8 seeks to introduce a new framework governing the admissibility of evidence about the previous sexual behaviour of the complainant. I very much welcome the fact that we are now having this debate and looking to address some of the issues we currently see in the justice system with respect to sexual assault crimes. Rape and sexual violence are horrendous crimes that have a lifelong impact on victims. In oral evidence, we heard this directly from some of the brave witnesses who testified, and I thank them for giving their time so generously and for speaking so honestly and courageously. What was made very clear is that they are keen to see change in how the justice system deals with these types of offences. They want to see justice done swiftly and considerately.

It takes a huge amount of bravery for an individual to report these types of crimes and to pursue their attacker through the courts, so we must do all we can to ensure that the process is quick, supportive, effective and efficient for them, while preserving the principles of natural justice. Although I may disagree with some victims on the limitation of jury trials being a way to achieve this, I share the same ambition: to speed up the process so that justice is no longer delayed and denied.

It is important to remember that most of these crimes are committed by someone the victims knows, making the process even more of an intrusive ordeal. It is deeply personal. That is why it is important to treat victims with respect and care, not to diminish their experiences or feelings, and not to make them feel like they are the ones on trial. It is incredibly important not only for justice, but for deterrence purposes, that the state sends a clear message that those guilty of such crimes will face the consequences. This is much needed at a time when violence against women and girls is rife in our communities. If the state can get this right, we should see more victims coming forward and being more willing to undergo the stress of a trial in the confidence that justice will prevail.

In June 2021, the Conservative Government published the findings of an end-to-end review of the criminal justice system response to rape, which they referred to as the rape review. What it found made for difficult reading. In the prior five years, there had been a significant decline in the number of charges and prosecutions for rape cases and, consequently, fewer convictions. One in two victims were withdrawing from rape investigations, demonstrating a big problem. The Home Secretary at the time, my right hon. Friend the Member for Witham (Priti Patel), said:

“We are not prepared to accept that rape is just ‘too difficult’ a crime to prosecute. We can, and must, do better.”

The review set out that there are an estimated 128,000 victims of rape a year, that less than 20% of victims of rape report to the police, and that only 1.6% of rapes that are reported result in someone being charged. That means that considerably fewer than one in every 100 rapes actually leads to justice for the victim. That shows the scale of the issue. One of the actions set out was that

“only evidence about the victim that is pertinent to the case should be used at court and a victim’s credibility should not be undermined by pre-conceptions or rape myths.”

In the final recommendations issued by the Law Commission in 2025, it was made clear that the use of evidence relating to the previous sexual behaviour of the complainant—for example, previous consensual sex between the defendant and complainant, or between a defendant and a third party—is highly distressing, humiliating and even traumatising, and is often irrelevant and can prejudice a case.

The admission of sexual behaviour evidence has, rightly, long been restricted through so-called “rape shield” legislation, which applies specifically to a trial where a person is charged with a sexual offence. No question can be asked about the sexual behaviour of the complainant without the leave of the court, and various gateways are considered in determining that. However, the Law Commission has criticised those gateways for being too restrictive, too broad and too complicated.

Clause 8 seeks to address some of the issues raised by the Law Commission, and has incorporated the stage 1 recommendation accordingly. It amends the conditions that must be met before a defendant can adduce sexual behaviour evidence or ask questions intended to elicit evidence of sexual behaviour in criminal proceedings. It ensures that such evidence may be admitted only if it

“has substantial probative value in relation to a matter which—

(i) is a matter in issue in the proceedings, and

(ii) is of substantial importance in...the case as a whole”.

However, clause 8 does not include stage 2 of the two-stage framework suggested by the Law Commission, which prohibits the use of sexual behaviour evidence unless its admission would not significantly prejudice the proper administration of justice. The Law Commission has raised that specific deviation in its written evidence. I ask the Minister to give her reasoning for not adopting the second stage, so that we are all clear.

It is reassuring to see the Bar Council welcoming the changes brought by clause 8, which it says

“provide appropriate safeguards for victims and for fairness of trials.”

The Law Society also supports the proposals, along with many other rape crisis and women’s organisations. Having said that, I note that a joint letter from Rape Crisis England & Wales, the Centre for Women’s Justice, Rights of Women, the End Violence Against Women Coalition and Imkaan, while welcoming much of clause 8, raises some specific concerns. It would be helpful to hear from the Minister on those points and whether she intends to make any changes.

[Dr Mullan]

I mentioned this point in my speech, but I will repeat that these clauses interact with the other elements of the Bill that will remove juries. Under the older jury trial system, the judge decides on things that the jury will never hear, so if something is made inadmissible, there is no question at all of it colouring the judgment. Of course, if we remove the jury in potentially more serious cases, we can have all this legislation and all these things that become technically inadmissible, but as we have talked about, we are then relying on the intellectual operation of the judge’s mind. Whether or not people think it is right for them to draw a direct conclusion, it is a matter of fact that judges are a group of people who are more distant and removed from the people we are concerned about. For example, if we are talking about women and girls, judges are more likely to be men. Those are the issues that will become more contentious as a result of the other changes in the Bill.

[Rebecca Paul]

My hon. Friend makes a really important point. There is a lot that is positive about the clause, but, as he rightly says, we have to think about it in the context of all the other changes. Unfortunately, we could find that the other changes unwind the good that is done by this clause. That said, it is still a positive clause, and I am pleased to see it in the Bill and to debate it today.

Lastly, I want to flag that in its evidence, Victim Not Suspect notes a need to address verification and/or the reliability of digital evidence, which it believes is relevant to the admissibility test and has not been addressed in the Bill. It would be useful to hear the Minister’s view on that matter too. Victim Not Suspect says:

“Without forensic verification, including IP address data, account ownership confirmation from platforms such as Meta, and metadata examination, there is no reliable basis for assessing authorship.”

That is a point of detail, but it could become important in certain cases, so it is worth bearing in mind. There may be scope to improve and tighten that up in the Bill during its further progress, which is why I have flagged it to the Minister.