Courts and Tribunals Bill

Baroness Barker Excerpts

Tuesday 10th November 2026 Lords Chamber

Then take into account the effects of removing the right to elect jury trial, these proposed increases in the sentencing powers of magistrates’ courts, far more cases and more substantial and time-consuming cases—particularly with contested hearings in view, which would make the logjam in the magistrates’ courts far worse. Add to that the fact that, as we have discussed, it is presently far more difficult to secure adequate legal aid in the magistrates’ courts and that there would be a dangerous increase in the number of defendants going unrepresented in more serious cases. With all the effects that such an increase is likely to have on the quality of justice, the time taken to deal with cases and the number of appeals, we have a very serious issue facing us. This would be a retrograde step, quite apart from the issue of constitutional principle involved. It is ill thought out and likely to impair rather than improve our justice system. It is constitutionally improper and we should reject it.

[The Deputy Chairman of Committees (Baroness Barker) (LD)]

I advise the Committee that, if this amendment is agreed to, I cannot call Amendment 34 because of pre-emption.

[Viscount Hailsham (Con)]

My Lords, I will speak very briefly to Amendments 69, 71 and 72. My concern is that already expressed by the noble Lord, Lord Marks. Once Clause 1 is enacted—if it is—and the sentencing powers of the magistrates’ courts are increased, there will be a very large increase in the business of magistrates’ courts and they will be overwhelmed. The effect of the amendments I have tabled in this context is to limit the ability of the Government to implement the clauses unless the magistrates’ courts have increased the number of magistrates to 21,000, which seems to be the figure generally accepted as sufficient to handle the increased business. My amendments also provide that, in the event of the number of magistrates falling below 21,000 for a sustained period of three months, the statutory instrument will lapse. The purpose is to try to ensure that there are sufficient magistrates. I have grave doubts that there will be, and that is why I tabled these amendments.