Courts and Tribunals Bill (Eleventh sitting)

Yasmin Qureshi Excerpts

Committee stage
Tuesday 28th April 2026 Public Bill Committees

[The Chair]

We are now sitting in public and the proceedings are being broadcast. Before we begin, I will deal with the normal courtesies: devices must be on silent and tea and coffee are not allowed. Today is the last sitting of line-by-line consideration of the Bill. Under the programme order agreed by the Committee, I must bring proceedings to a close by 5 pm, if we have not already finished by that point.

New Clause 1

Reduction in sentence for a guilty plea

“(1) The Sentencing Act 2020 is amended as follows.

(2) In section 73 (Reduction in sentence for guilty plea), after subsection (2) insert—

‘(2ZA) The maximum level of reduction in sentence for a guilty plea that the court can apply is two-fifths.

(2ZB) The reduction set out in subsection (2ZA) may not be limited to a guilty plea at the first stage of proceedings.

(2ZC) A reduction of sentence under subsection (2ZA) is available to the defendant prior to a retrial.’”—(Yasmin Qureshi.)

Brought up, and read the First time.

[Yasmin Qureshi (Bolton South and Walkden) (Lab)]

I beg to move, That the clause be read a Second time.

It is a pleasure to serve under your chairship, Sir John. New clause 1, tabled by my hon. Friend the Member for Liverpool Riverside (Kim Johnson), would address cases in which the prosecutions need to start a second or third time. It would reclassify offences and move the threshold of offences that are in the Crown court to summary offences. It would increase the maximum possible sentence reduction on a guilty plea to two fifths, remove the restriction that means the highest reduction is available only for early-stage guilty pleas, allow the defendant to receive that reduction even if they plead guilty later in the process, and extend eligibility so that the reduction can also apply before a retrial.

The new clause would build on the huge successes of the Liverpool model and Operation Expedite—which was praised by Sir Brian Leveson’s review of the criminal courts—in bringing down court backlogs. Those successes were largely based on a focus on pre-trial negotiation or plea bargains to avoid cases going to a trial and taking up court time.

The new clause is in tune with the Government’s recent announcement following the review carried out by the former Lord Chancellor, David Gauke, which looked at trying to avoid giving people a sentence of less than one year because of the disruptive nature of those sentences. The Government could accept the new clause as part of the process of trying to prevent a backlog. It would also allow people to plead guilty, which would be better for victims, complainants, witnesses and the court system.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

I wish to make some brief remarks. I am keen to see suggestions of alternative approaches, but we have to be careful when it comes to discounts for guilty pleas, because there is a balance to be struck from the perspective of victims and complainants. We do not want to be in a situation where they feel that justice is undermined, particularly given the many other things the Government are doing to reduce the punitive element of the justice system.

I am sure the Committee will know that thousands of serious violent sexual offenders will be getting reductions in their prison time. For example, two thirds of those sent to prison every year for rape will have their prison time reduced, and more than 90% of those sentenced for child grooming offences and similar offences will have their prison time reduced to one third. We are already seeing appalling erosions of the punitive element of the justice system by the Labour Government; I would be wary about doing anything that adds to that.

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

It is a pleasure to serve under your chairmanship, Sir John. I thank my hon. Friend the Member for Bolton South and Walkden for speaking to the new clause. As she knows, an early guilty plea avoids the need for a trial, shortens the gap between charge and sentence and, crucially, can save victims and witnesses from the concern of having to give evidence.

Sir Brian Leveson’s independent review of the criminal courts found that

“guilty pleas are being entered later and later”

in the process. It found that

“in 2016, approximately 25% of defendants who pleaded guilty to all counts prior to trial did so at or after their third pre-trial hearing”,

compared with 35% in 2024. That reflects the decline in the efficiency and the increase in delays in the criminal courts. Sir Brian made it clear that that was contributing to the backlog and, in turn, creating a “feedback loop” of perverse incentives for defendants. There are, then, clearly benefits to ensuring that those who intend to plead guilty do so at the earliest possible opportunity.

For those reasons, it has long been the practice of the criminal courts to give a reduction in sentence when an offender pleads guilty earlier in the process. The level of sentence reduction that the court can give on a guilty plea is currently set out in sentencing guidelines produced by the Sentencing Council. In his review, Sir Brian made a number of recommendations relating to early guilty pleas, including a recommendation to increase the maximum reduction in sentence for a guilty plea from 33% to 40%, which new clause 1 seeks to implement.

However, we must maintain the right balance between the benefits to the system obtained by the making of early guilty pleas and ensuring that offenders are appropriately punished for their crimes. Sir Brian also notes that increasing the maximum sentencing discount for early guilty pleas could increase the

“risk of pressure being brought to bear on defendants to plead guilty, who might not otherwise have done so.”

It is therefore important that we consider whether there are alternative ways to encourage early guilty pleas, as opposed to increasing the level of maximum sentence discount.

We are not convinced that a further discount will work to incentivise the behaviours that we desire in the system, not least because other matters play their part in incentivising an early guilty plea, or the opposite. They include the nature of the offence, whether a defendant is remanded or released on bail, and the level of early engagement by the prosecution and defence in advancing case progression. We consider all those things as alternative factors that drive defendant behaviour. Most importantly, the punishment must be appropriate to the offence in question, and we think the new clause would cut against that.

We are currently carefully reviewing Sir Brian’s remaining recommendations, alongside part 2 of his review, and we will set out our full detailed response to that review in due course. For those reasons, I urge my hon. Friend the Member for Bolton South and Walkden to withdraw the clause.

[Yasmin Qureshi]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 2

Specialists courts for sexual offences and domestic abuse cases

“(1) The Lord Chancellor must by regulations establish specialist courts for cases relating to sexual offences and domestic abuse.

(2) Any case heard in a court established under subsection (1) must be conducted with a jury and specialist judge.

(3) Additional guidance or directions may be formulated by the judiciary in relation to—

(a) the nature and dynamics of behaviour including—

(i) coercive control, and

(ii) honour-based abuse;

(b) best practice in hearing cases involving violence against women and girls, including ensuring fair and trauma-informed proceedings.

(4) Regulations under this section must make provision for such courts to have specialist facilities for alleged victims.

(5) The Lord Chancellor must take reasonable steps for any necessary resources for judicial, administrative and legal support, including advisors, prosecution and defence, to be made available to operate such courts.

(6) Any case heard by a court established under subsection (1) must be subject to such considerations regarding—

(a) time limits for case preparation,

(b) fixed dates for trial, and

(c) third party material review and disclosure,

as the Lord Chancellor may by regulations specify.

(7) Regulations under this section must include provision for the prioritised listing and progression of hearings and trials for such cases in such specialist courts, including the prioritisation of cases where the defendant is on bail.

(8) Regulations in this section are subject to the affirmative resolution procedure.”—(Yasmin Qureshi.)

This new clause would establish specialist courts for sexual offences and domestic abuse cases, with those cases heard by a specialist judge and a jury. It makes further provision including for victim support, and to prioritise cases where a defendant is bailed.

Brought up, and read the First time.

[Yasmin Qureshi]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss the following:

New clause 6—Fast-track courts for rape and serious sexual offences—

“(1) The Lord Chancellor must by regulations make provision for specialist court capacity for cases involving rape and serious sexual offences (‘RASSO’).

(2) Regulations under this section must include provision for the prioritised listing and progression of RASSO cases.

(3) The Lord Chancellor must take reasonable steps for any necessary judicial, administrative and support resources to be made available to operate such court capacity.”

This new clause would require the Lord Chancellor to ensure that specialist court capacity is made available for the fast-tracking of RASSO cases.

New clause 23—Report on the effect of the Act on prosecution of rape and serious sexual offences—

“(1) The Lord Chancellor must commission a report on the effect of the provisions of the Act on proceedings of cases involving rape and serious sexual offences.

(2) The matters the report must consider include—

(a) the effect of the Act on the time taken to dispose of cases;

(b) the effect of the Act on witness participation in proceedings; and

(c) the effect of the Act on experience of victims during proceedings.

(3) The report must make recommendations to improve each of the matters set out in subsection (2).

(4) Recommendations may include—

(a) recommendations about how the Act is implemented, and

(b) recommendations about further provision necessary to improve each matter.

(5) In this section, serious sexual offences are such offences as the Crown Prosecution Service may from time to time specify.

(6) Within twelve months beginning on the day on which this Act is passed, the Lord Chancellor must lay before Parliament—

(a) a copy of a report under this section,

(b) the Lord Chancellor’s response to recommendations made by that report.”

This new clause would require a report on the effect of the provisions of the Bill on the progression of RASSO cases, and require the Lord Chancellor to respond to these recommendations.

New clause 25—Courts for rape and sexual offences—

“(1) The Secretary of State must by regulations make provision for a specialist sexual offences court to be established at each Crown Court location in England and Wales for the purpose set out in subsection (2).

(2) The purpose of any court established under subsection (1) is to ensure that trials relating to sexual offences, sexual abuse, and rape are heard as quickly as possible.

(3) Any court established under subsection (1) must make provision for support from independent sexual violence advisers to be accessible to victims.

(4) Regulations under this section must make specialist trauma training available for staff working in each such court.

(5) Regulations under this section are subject to the affirmative resolution procedure.”

This amendment would set up the specialist rape courts promised in the Labour Party Manifesto.

--- Later in debate ---

[Yasmin Qureshi]

I rise to speak in support of new clause 2, which was tabled in the name of my hon. Friend the Member for Warrington North (Charlotte Nichols). On Second Reading, my hon. Friend made one of the most powerful contributions the House has heard in recent memory. She spoke from her own experience as a victim of rape and made a point that deserves to be heard again in this Committee. She said that the experiences of victims are being “weaponised” and used as a rhetorical cover for reforms that do not deliver anything meaningful for those victims.

My hon. Friend also said something that goes to the heart of this debate: we promised specialist rape courts in our manifesto. The Bill does not deliver them. That observation raises a wider question for the Committee, as we consider new clause 2, about the manifesto commitment and what the Bill does instead. The Labour manifesto made a clear commitment to establish specialist courts for rape and sexual offences and for domestic abuse. That commitment existed because we recognised that the system was failing victims, not because of juries but because of how cases were being managed—the delays, lack of court capacity, the way evidence is handled and the limited support available to those giving evidence.

New clause 2 is the legislative delivery of that manifesto commitment. It would not require us to restrict jury trials or accept a reform the benefits of which may, according to the Institute for Government, amount to as little as a 1% to 2% reduction in delays—a reduction the Bar Council considers optimistic. Instead, it would require us to build something that is already proven to work.

What works and what does not work? On Second Reading, my hon. Friend the Member for Warrington North pointed to the work already under way at Liverpool and Preston Crown courts. That work is reducing waiting times for complainants and defendants—we are talking about months, not years—without removing anyone’s right to be tried by a jury. That is the model, that is what we should be scaling, and that is what the new clause would require the Lord Chancellor to do.

Instead, the Government have brought forward reforms that will not take effect until 2028 or 2029. A victim who reports a rape today will wait through years under the existing system before a single one of the Bill’s provisions affects their case. We are being asked to accept a permanent reduction in defendants’ rights in exchange for a speculative and delayed improvement in victims’ experience. That is not a serious offer.

Let us be clear what the Bill does not do. It will not improve how evidence is handled, how cases are managed or how victims are supported through the process. It will not guarantee timely disclosure, it will not ensure fixed trial dates, it will not provide independent sexual violence advisers where they are needed, it will not reform the conduct of cross-examination, and it will not address wider support or compensation issues. All of those things, which the violence against women and girls sector and Rape Crisis England and Wales have consistently called for, remain untouched.

As my hon. Friend said on Second Reading, we should not claim that the Bill delivers justice for victims unless it actually does. The Bill will not do that. New clause 2 would take a different approach. It would preserve jury involvement in every case while introducing a specialist court designed to deal properly with sexual offences and domestic abuse. Each case would be heard by a jury and a specialist judge with training in coercive control, trauma responses, honour-based abuse and best practice in cases involving violence against women and girls. That combination matters. A specialist judge improves the management of proceedings. A jury brings the collective judgment and diversity of the public.

As the Lammy review found, juries are far more diverse than the judiciary, and there is no evidence that jury verdicts are affected by the ethnicity of the defendant. By contrast, the removal of juries risks undermining confidence, particularly among victims from minority backgrounds or people from poorer working-class backgrounds.

To address the real causes of delay, we ask that strict time limits for case preparation are set. We ask for fixed and reliable trial dates; the proper management of disclosure and third-party material; the prioritised listing of cases, including those of defendants who are on bail; specialist facilities for victims; and the adequate resourcing of judicial, administrative and legal support, including independent sexual violence advisers. These practical reforms would make a material difference to how cases are handled and to the experience of the victim, and they can be done quite quickly.

The Government have relied heavily on the experience of victims to justify the reforms, so they should support new clause 2, which would deliver on our manifesto commitment. It is based on a model that already works well. It would improve things for victims without removing fundamental safeguards and does not ask victims to wait until the end of the decade to see any benefit.

The Government have identified a real problem but, with respect, have chosen the wrong solution. If the Bill was truly about delivering justice for victims of rape and sexual violence, we would not be debating the restriction of jury trial; we would be implementing the specialist courts we promised. The Bill does not do that. I ask the Government to consider the new clause; otherwise, it will be a missed opportunity. I commend the new clause to the Committee.

[Dr Mullan]

It is a pleasure to serve under your chairmanship, Sir John. We are all here because we recognise that the current state of our criminal courts is untenable. Complainants and defendants alike are facing unacceptable delays, and victims and innocent defendants are suffering as a result. The Government’s response, as set out in the Bill, is a radical restructuring of our trial processes, most notably in the removal of the right to a jury in a vast number of cases—around half, in fact. We believe there is a strong obligation on the Government to institute a more targeted, and potentially more effective, way to address the specific delays that they most frequently cite, through the establishment of specialist courts for rape and serious sexual offences.

The Minister herself raised this issue in the Chamber on 7 January. When talking about jury trial reforms, she said:

“Does it make sense that the queue of the victim of rape or of a homicide is shared with someone who has stolen a bottle of whisky”?—[Official Report, 7 January 2026; Vol. 778, c. 278.]

In December, the Deputy Prime Minister and Lord Chancellor said:

“if someone is charged with an offence such as theft of a bicycle, theft from a vehicle or employee theft, they can opt for a trial that, by necessity, goes into the system and will delay a rape trial”.—[Official Report, 2 December 2025; Vol. 776, c. 807.]

That point has been made by a number of Labour MPs, including the hon. Member for Bolsover (Natalie Fleet). The Opposition have been clear that that is an oversimplification of how the listing process works, and that some of those examples are extremely unlikely to be in the queue in the Crown court, except for in specific circumstances. Nevertheless, the Government have been advancing that case.

A commitment to introduce specialist courts was actually in the Government’s manifesto. By fulfilling the promises made to the electorate, the Government can deliver swifter justice for a group of victims they have centred in the debate, without dismantling the constitutional right to elect for jury trial. The Government’s proposals to halve the number of jury trials was not in the Labour party manifesto, but on page 67 there was a commitment to

“fast-track rape cases, with specialist courts at every Crown Court location in England and Wales.”

It could therefore be argued that—as much as we can debate what in an entire manifesto the public vote for—the public voted for a system that would prioritise these types of cases through specialisation and resourcing, and did not vote for a system that would instead prioritise administrative throughput by removing the right to elect to be judged by one’s peers.

Sometimes, Governments do things that were not in their manifesto one way or another, or were not touched on in any way, but it would be difficult for people to argue that the public had a specific idea that they were not going to get certain things. However, if a Government put in their manifesto a particular element of direct relevance, as they did in relation to specialist courts, the public would have every right to be aggrieved if something entirely different, and significantly so, appeared as Government policy instead of what was in the manifesto.

Opposition new clause 25 asks the Government to return to their original vision. It is similar to the other new clauses tabled by the Lib Dem spokesperson, the hon. Member for Chichester, and by the hon. Member for Warrington North. They are crafted in different ways—for example, new clause 2, tabled by the hon. Member for Warrington North, is more prescriptive about how the courts would operate—but the intention and outcome are essentially the same. Specialist courts equipped with trauma-informed training and access to independent sexual violence advisers would recognise the unique complexity of these cases in a way that a simple bench division cannot.

As I have said, the Government frequently refer to the experience of rape victims waiting years for justice as a significant justification for restricting jury trials. They argue that moving towards judge-led trials in 50% of cases will streamline the process and reduce the backlog, but the evidence for the broader claims of efficiency is highly contested.

Independent analysis by the Institute for Government suggests that judge-only trials in the Crown court might save as little as 1.5% to 2.5%—[Interruption.] The Minister is right to say, and I do not mind accepting, that the saving is higher for the broader package—that has never been a point of dispute—but we are less concerned about the broader package, and there are things in it that we agree with. We are concerned about the much smaller saving that the IFG has pointed out. The Criminal Bar Association has pointed out that the Government’s modelling assumes that the trials will be completed twice as fast as is realistic. We must ask whether the trade-off is proportionate, especially when there is another option.

--- Later in debate ---

[The Chair]

Fair enough. I therefore turn to Yasmin Qureshi—you can speak now if you wish to.

[Yasmin Qureshi]

I will withdraw new clause 2, because I know that the Minister is addressing the issue and I accept her commitment. She is an honourable lady and I accept her word, and I look forward to the specialist courts being implemented very soon. I beg to ask leave to withdraw the new clause.

[Hon. Members]

No.

Question put, That the clause be read a Second time.