Courts and Tribunals Bill (Second sitting)

Debate between Amanda Hack and Jess Brown-Fuller

Committee stage
Wednesday 25th March 2026 Public Bill Committees

[Amanda Hack]

Q Following on from the shadow Minister’s question about what good reform looks like, we have had a period of reform in the justice system. What would be your measure of success? We know the system is creaking under pressure, so what would success look like?

Sarah Sackman: There are two tests that I set myself, and neither is going to be easy to achieve within this Parliament. The first essay question is: can you deal with the intolerable delays? Can you ensure swift justice? That does not mean summary justice. That does not mean rushing through the cases, but it does mean getting through the caseload quicker so that people are not waiting for years. At the end of this Parliament, I do not want people waiting years for justice. That is the first test. It is the timeliness, which is the essential ingredient of fairness.

The second thing is: we are in a crisis, but we have an opportunity—with justice being the focus of our Parliament and our national debate for the first time in a very long time, and with real investment from the Treasury—to create something better. Our justice system has remained largely unreformed since the 1970s. There are lots of things that people might like about the 1970s, not least the music, but there were lots about our social values and our societal norms that were very different then. It was a different place for women, for black and minority ethnic communities, for gay people and lots of other communities. I do not think the system that was designed then is the one that we would design now.

We heard earlier from Katrin Hohl, who is leading work for the Government to embed some of the Soteria measures, which have been so good and progressive in the police and the CPS, into our courts. I know it can sound like a cheesy cliché, but my objective is the idea of building back something better, and designing a system that is not just sustainable and capable of dealing with the delays question but, in terms of its design, centres victims and is fair, particularly to women and black and minority ethnic communities. That is my objective: can we get a more progressive justice system?

[Jess Brown-Fuller]

Q Do you share my discomfort that we have no pilot to refer to, to see if the proposed measures would work?

Sarah Sackman: The difficulty is that any pilot where you are testing the sorts of measures that we are countenancing, which have taken their cue from the IRCC, would require primary legislation. We could not do this without primary legislation in the first place. Secondly, I do not feel discomfort, and I feel confident in the measures, because they are based on expertise that the independent review gave us. Thirdly, as we have heard, the time for pilots was yesterday—it was probably 10 years ago. The state of the backlogs at 80,000 and continuing to grow means that we have to pull every lever to not just reform the system but to invest in it and modernise it, to bring down those backlogs.

Courts and Tribunals Bill (First sitting)

Debate between Amanda Hack and Jess Brown-Fuller

Committee stage
Wednesday 25th March 2026 Public Bill Committees

[Jess Brown-Fuller]

Q I appreciate that—thank you. It was a question for you, Charlotte, about the shock that you experienced when you tried to request the sentencing remarks. Is that correct? You were quoted £20,000 and you found that people trying to get their court transcripts generally were being quoted incredibly high prices. As you mentioned, the Government have moved on that, so sentencing remarks will be available from spring next year. We are continuing to try to push that further: we do not think that sentencing remarks often tell the entire story.

There is an amendment that is going to the House of Commons today that is specifically about bail decisions and the route to verdict that juries are presented with before they go away to deliberate. Do you agree that sentencing remarks are only part of the journey that we need to be on, and that we need to be quite ambitious in ensuring victims have all the evidence in their own case, so they can start to move on and process?

Charlotte Meijer: Yes, absolutely. My campaign for all transcripts to be made available very quickly was shut down, so I have gone for little bits at a time. Sentencing remarks are an amazing change. At first, that was just for rape victims; now it is for all victims, which is great. However, if we look at RASSO cases, only 2% get a guilty verdict, so only 2% will get the free sentencing remarks. There needs to be something for the 98%.

The next thing that I have been campaigning for is the judge’s summing up, now the route to verdict, which is incredibly important. I am a not guilty verdict case, so I would not get my sentencing remarks either. It is about being able to understand. If we take that further, I believe the whole case should be available free, as it is in many other countries, or for a couple of pounds in administration costs. If we are taking it a bit at a time, the next bit would be, as you say, bail conditions and the route to verdict, to understand how someone got to that decision. That is all to aid people to understand what happened and process it a little better.

[Amanda Hack]

Q Thank you for sharing your experiences. It has been incredibly powerful. Jade Blue, you said that change is not optional—we need to reduce the suffering. That has resonated with me. We need to create a system that is bearable. As victims—and you have obviously experienced trials at different places in the system—do you feel that these reforms would have made the system bearable? Is there anything specific in the reforms that you could point to?

Jade Blue McCrossen-Nethercott: I guess there is the hope of fewer adjournments and fewer last-minute changes, which we hear about quite a lot. Any measure that could increase capacity for these kinds of cases is a measure we could get behind. Just having that—being able to plan your life and have reassurances that it will be going ahead—is important.

In the past, one of us mentioned floating trials for rape cases, which is, quite frankly, just absurd. Being able to have dedicated time to ensure that these cases do not become floating trials and that there is capacity for them to be seen in a prompt and timely manner would be welcome.

Morwenna Loughman: The first time my trial was listed, unbeknown to me and the rest of my family, it was listed as a floating trial, which means that two or more cases—in this instance, rape cases—are scheduled for the same time, on the same date and in the same court, on the assumption that at least two of you will drop over the course because it is so harrowing and re-traumatising. That is why mine got delayed right at the last minute.

We have talked a lot about the education of judges, which is absolutely essential, but we must also consider the education of juries. As I have said, they are not bastions of infallibility. The man who raped me was convicted. He was found guilty, but not unanimously. He was sentenced to 15 years, which gives an indication as to the level of injury that I sustained.

Two members of the jury found him not guilty and acquitted him of all charges. It was a majority vote; there was no unanimity, and it took them three and a half days to deliberate, even though I had received 48 injuries and he was arrested on the scene. I could go on about the extenuating circumstances. In every sense, how did it take them three and a half days to not even conclusively decide that this man had raped me?

Charlotte Meijer: I will add to that. The removal in the Bill of the defendant’s right to elect will make the victim feel empowered, knowing that the perpetrator is not in control. As I have said, there is the recording of magistrates courts, and the Bill is our hope that the waiting time will go down. That is the core reason why we are doing this. The system cannot get any worse than it is, so the waiting going down will be a significant change.