Restriction of Jury Trials

Robert Jenrick Excerpts

Monday 8th December 2025 Commons Chamber

[Robert Jenrick (Newark) (Con)]

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the accuracy of data used to justify the restriction of jury trials in relation to rape victim attrition rates and magistrates court capacity.

[The Minister for Courts and Legal Services (Sarah Sackman)]

This Government inherited an emergency in our criminal courts. Record and rising caseloads are leaving victims and many accused who are seeking to clear their name facing agonising delays, while some defendants game the system in the hope that their accusers simply give up on justice. We inherited a system in which, quite truly, justice delayed is justice denied. That is why we asked Sir Brian Leveson to undertake his independent review of the criminal courts. He presented us with his report, and we considered it carefully.

On Tuesday, the Deputy Prime Minister announced the Government’s proposals in the light of that report, following many of the recommendations. In announcing part of our plan to tackle that emergency, he centred victims. He commented that victims of rape are “pulling out” of trials and told LBC that

“60 per cent are pulling out of cases”

before they come to trial. That statement is accurate. It is unacceptable that around 60% of victims who report rape drop out of the criminal system.

After speaking to victims, campaign organisations and those who represent those victims and support them, we know that, for many, the fact that their trial may not come to court for several years is a key factor in their deciding to withdraw from the process or perhaps not even to report the case at all. The system was not designed for a scenario in which victims face such delays for justice. No one in this House thinks that the system is anything other than broken, which means that we are failing the British public.

On the second part of the right hon. Gentleman’s question, the vast majority of cases—the less serious but still important everyday cases, which comprise around 90% of all criminal trials—are already heard in our magistrates courts, where cases continue to be dealt with swiftly and robustly. Our magistrates hear around 1.3 million cases a year, and it is not unusual to have an open caseload of more than 360,000 cases, as is currently the case in our magistrates courts. That ensures that there is around six months’ worth of work ready to be heard. We know that our magistrates courts deal with equivalent cases—those trials for either-way cases that can be heard in either the magistrates court or the Crown court—four times faster. We are working to bring in new and diverse magistrates over the next 12 months, and we will continue to recruit at high levels in future years.

Ultimately, we must ensure that the Crown court has the capacity to deal with those who commit the most serious crimes, so that victims do not have to face those agonising delays and do not withdraw before their case even gets to court. Justice is simply not being served in that situation, and the Government will not watch idly while the system continues to fail those victims. It is for that reason that we are bringing forward our bold proposals and reforms, coupled with record investment—to ensure that victims and the wider British public are served and so that we can put to bed once and for all justice delayed being justice denied.

[Robert Jenrick]

The Government are slashing jury trials under false pretences. Last week, the Justice Secretary suggested that 60% of those who report being raped are now pulling out of cases because of court delays, but Home Office statistics show that this year, only 9% of rape cases were abandoned after a charge was brought. Although that is not good enough, the fact is that the figure is down, and the number of victim-based prosecutions is near its peak. In some parts of the country, the backlog is far lower, and rape cases are rightly being prioritised. The Justice Secretary’s plans will do next to nothing to cut backlogs for rape victims, but his claims are certain to further erode women’s confidence in the justice system.

That was not the only claim that did not stack up. The Justice Secretary said that he will divert cases to the magistrates courts because they

“do not currently have a backlog”—[Official Report, 2 December 2025; Vol. 776, c. 806.]

but as of September, there is a backlog—or open caseload, as the Minister now calls it—of 361,000 cases, up 25% on this Government’s watch. He claimed that scrapping juries will cut trial times by 20%, but Sir Brian Leveson’s own review found that figure to be “highly uncertain”, stating that “further detailed analysis” was required.

There are still reams of unanswered questions. The Justice Secretary will not let the Crown courts sit around the clock, when today, 63 courtrooms sit completely empty. He will not rule out applying these changes to those who are already in the court backlog, and he will not publish modelling showing that victims of rape will wait less time, or indeed any modelling whatsoever. Unless the Minister can answer those questions today, we can only conclude that the Government simply do not know. If they want to make a major change to our constitution—something that we have enjoyed for 800 years—they should do so on the basis of facts, not baseless claims. The plan is already unravelling, as did the last such attempt 20 years ago. I say to the Minister that it is not too late to avoid a humiliating defeat.

[Sarah Sackman]

As I said a moment ago, not a single person who has encountered the system—not the barristers, the prosecutors, the judiciary, the court staff, the victims or the jurors; no one whom I have met—thinks it is working as it should. The shadow Justice Secretary has made a startling defence of the status quo while victims—not just women and girls but of all backgrounds—continue to watch delays creep up and up. Some 80,000 cases are currently in our Crown court backlog, and behind each and every one of those cases is an individual human story—someone waiting to clear their name.

We inherited a broken system. We did not do what the previous Government did, which was stick their head in the sand and hope that the problem would go away, with no solutions, under-investing for years while undermining our justice system. We were not prepared to do the same, which was why it was important to ask an independent review made up of Sir Brian Leveson—one of our leading judges—academics and data scientists to look at the evidence from both this country and comparators from across the world, to consult and to produce a set of proposals for reform that will fix the system. In the meantime, the Government have been gripping the crisis. We have made record investment in sitting days, increased the sentencing powers of magistrates courts, and invested in legal aid and the capacity of our legal community.

No responsible Government worthy of the name would take receipt of an independent review that is carefully considered, evidence-based and informed by experts and say, “Do you know what? We’ll just ignore that.” Responsible government shows leadership, which is why last week, we announced our proposals to increase magistrates courts’ sentencing powers and remove the right of defendants to insist on a jury trial when their case can be reasonably, proportionately and swiftly dealt with in a magistrates court. We followed Sir Brian’s recommendation to establish a Crown court bench division to deal with cases more swiftly. His report says that in his view and that of his expert team, doing so will provide time savings of at least 20%. On that basis, through investment, modernisation and systemic reform taken together, we will begin to see the backlog come down. That is Government offering evidence-based, expert-led solutions while all we hear from the Opposition is what cannot be done, letting down victims, letting down the public and ultimately undermining faith in one of the most important institutions in this country—our justice system.