Courts and Tribunals Bill

Abtisam Mohamed Excerpts

2nd reading
Tuesday 10th March 2026 Commons Chamber

[Abtisam Mohamed (Sheffield Central) (Lab)]

In my previous work as a solicitor, I represented women who had suffered terrible violence, and people who had been pushed to the margins of society. I have seen at first hand how fragile access to justice can be, and how years of under-investment have taken a wrecking ball to our justice system. Change is clearly needed, but the reforms before us, removing the right of defendants to elect trial by jury, do not appear to be a proportionate answer to that problem. The evidence does not support the claim that the reforms will deliver the benefits suggested, with projections suggesting that the impact on the backlog may at best be modest. That raises an obvious question: if the contribution that these measures will make to reducing the backlog is uncertain, why are we being asked to make such a profound and permanent change to one of the central safeguards in our criminal justice system?

Members have spoken about a range of offences, from theft to drug-related crimes, but when people are taken to court over action to advance causes in which they believe—in the past it was the suffragettes; today it is the climate activists and Palestinian protesters—it is ordinary people, their peers, who recognise the moral imperative behind their actions to prevent greater harm. The freedoms that this system protects are not abstract. They exist precisely to safeguard individuals against the power of the state when they stand accused of a criminal offence, and that is why we should be cautious before curtailing them.

There is also a serious question about the impact that these reforms may have on black and ethnic minority defendants. The Justice Secretary’s own review, published in 2017, highlighted deep disparities and a troubling lack of trust in parts of our criminal justice system. One of his key messages was that fairness must not only exist, but must be seen to exist. Juries who are drawn from our communities play an important role in public confidence. Reducing access to jury trial could risk further eroding trust among certain communities who already feel disproportionately affected by the criminal justice system. It is therefore essential that if these reforms proceed, their impact on black and ethnic minority defendants is specifically examined, transparently and rigorously.

None of this is to deny the seriousness of the backlog crisis. The courts must function efficiently, and the victims should not have to wait years for justice. However, if the purpose of these reforms is to address the backlog, I suggest that we should understand why they are being introduced as a permanent alteration to our justice system, rather than a time-limited measure.

[James Naish (Rushcliffe) (Lab)]

I will support the Government tonight, because it is clear that decisive action is needed to tackle the backlog that so many Members have described, but does my hon. Friend agree that if the Government are genuinely confident about the package of reforms that they are presenting, it would be fair and proportionate to add a review clause or the equivalent to ensure that we are clear about whether we actually need some of these measure?

[Abtisam Mohamed]

I do agree. The logical approach would be to treat this as a time-limited measure—or the Justice Secretary should consider a mandatory time-bound review, assessing the impact of these changes not only on the backlog but on trial outcomes, on equality before the law, on public confidence, and specifically on black and ethnic minority defendants. All those matters must be included in a review if it is to be robust. The review must not only allow Parliament to examine the evidence but, if the reforms fail to deliver the benefits claimed or produce serious unintended consequences, allow us to revisit and, if necessary, reverse them. That would be a constructive and responsible approach.

Efficiency in the courts is important, but justice is equally important. I say to the Justice Secretary that if we are to take a step as serious as limiting the right to jury trial, at the very least Parliament should have the right to rigorous scrutiny, a meaningful review, and the clear possibility of reversal if this policy does not work.

Oral Answers to Questions

Abtisam Mohamed Excerpts

Tuesday 5th November 2024 Commons Chamber

[Alex Davies-Jones]

Again, the right hon. Gentleman forgets who was in power for the last 14 years and who failed to build any prison places. Just 500 extra prison places were built under his Government’s watch. The Government have allocated a record £1.2 billion for prison building in the Budget, and we will be going further. We are the party of law and order. He needs to look at his record.

[Abtisam Mohamed (Sheffield Central) (Lab)]

3. Whether she plans to widen the scope of cases covered by legal aid.

[The Minister of State, Ministry of Justice (Heidi Alexander)]

Legal aid is a vital part of the justice system. It underpins our plans to build a justice system that works for victims, supports access to justice and upholds the rule of law. We are looking carefully at the evidence gathered as part of the review of civil legal aid, which covered issues such as demand, fee levels and the geographic provision of services.

[Abtisam Mohamed]

Cuts to legal aid and the narrowing of its scope by the Conservatives have meant that many people are no longer able to resolve their problems through access to early legal advice. That has resulted in legal representation being available only to those who can afford it. Will the Minister consider looking into restoring legal aid to the level it was before the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for all areas of civil law, to ensure that justice is made available to all people who can afford it? Will she commit to reviewing the bureaucracy of the Legal Aid Agency, which does not support the needs and capacity of small firms?

[Heidi Alexander]

My hon. Friend has significant experience of working in the legal aid sector, and she is right to highlight the importance of good quality legal advice to resolving a whole range of social welfare problems. We are looking at how to improve access to early legal advice and support, but she will appreciate the challenging financial outlook that we are grappling with. I will raise the administrative issues in relation to the Legal Aid Agency with its chief executive.