Courts and Tribunals Bill (Second sitting)

Debate between Alex McIntyre and Jess Brown-Fuller

Committee stage
Wednesday 25th March 2026 Public Bill Committees

[Jess Brown-Fuller]

Q I have one more question. Has the IfG ever done any modelling around the efficiency savings that could be made by introducing the RASSO courts, as per as the Labour manifesto, or by other reforms to the criminal justice system, such as introducing am and pm sitting days?

Cassia Rowland: We have not. Regarding the specialist RASSO courts, the principal arguments for those are about not efficiency, but the experience of the victim and the more trauma-informed and wraparound approach that that kind of set-up would allow for.

[Alex McIntyre]

Q Emma and Fiona, my questions are directed at you, and I will bring them together, even though they are on slightly different subjects. Emma, I am glad you raised the case of Andrew Malkinson, which was obviously a shocking miscarriage of justice. It is important to note that he had a jury trial at the Crown court, and there was a right to appeal. There is a process that needs to be followed to go to the Court of Appeal, where somebody considers the grounds and whether a person has that right. I assume that it is not APPEAL’s position to removal of that process.

Earlier, we heard evidence from victims who supported the change to the right to appeal against a magistrates court decision to include a review from a judge, on the basis that a number of victims drop out of the process because they fear being retraumatised by a system that is not designed to support them. How do you balance that with your position that there needs to be checks and balances? Do you not agree that, by having a judge look at it, we are not refusing a right of appeal but merely qualifying it first?

Fiona, JUSTICE has said that the magistrates are ill-equipped to enable the reforms, and you have made that point again today, but the Magistrates’ Association, which is not here to give evidence today, has said that magistrates are ready and willing to play their part. Why does your assessment differ from that of the magistrates themselves?

Fiona Rutherford: We already know that the numbers are not where they need to be, given the number of magistrates required to do the huge amount of work that would be placed into their hands. Equally, we have not heard yet —maybe there are plans on this—how magistrates will be better trained to be able to cope with the greater complexity of cases that they will necessarily hear. I have talked about the disproportionality of magistrates in terms of socioeconomic grouping; that is absolutely critical when it comes to public trust. There is a final point, but it has escaped me, so I will let Emma come in on this and I might come back to you.

Emma Torr: That was a good question, on which I would like to make two points. The case of Andrew Malkinson is a good example to consider when talking about these changes. Of course, there was a victim in that case, who was certain that the right person had gone to prison, but we know that Andrew Malkinson spent 17 years in prison for something that he did not do. When he appealed at the time, a judge looked at his appeal at the Court of Appeal; twice he went to the Criminal Cases Review Commission, and twice his case was turned down. That is an example of where a judge has looked at the appeal, but would not give him—