Trial by Jury: Proposed Restrictions

Baroness Chakrabarti Excerpts

Monday 14th July 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Lord for those questions. He is absolutely right that we are not short of jurors. We are also not short of magistrates and there is no shortage of applicants to become magistrates. Sir Brian’s suite of recommendations included increasing the role of the magistrates’ court, as well as introducing the new bench division within the Crown Court, to which the noble Lord alluded. He said that Sir Brian said there will be a 20% saving in time with the new bench division. That is his estimate. I have to say, I think that is very conservative. We already know that for similar cases magistrates’ courts are two or three times quicker than Crown Courts, so I think it is conservative to estimate that we will see only a 20% saving in time with the new bench division courts.

The noble Lord made the point about delays for victims. Of course, that underpins the concern and the reason we are introducing these systemic changes in the first place. It is my understanding that there are about 100 cases in London booked for 2029. I think they may be mainly sex-related cases; I am not sure. That is unacceptable. It is unacceptable for the victims and the defendants, and it is a systemic problem we are trying to address.

[Baroness Chakrabarti (Lab)]

My Lords, I pay tribute to my noble friend the Minister for his long public service as a lay magistrate, as I do to Sir Brian for his long public service as a judge and, post-judiciary, on various inquiries for Governments of both persuasions. I know the Government are considering how to respond to this review and the Gauke review. May I ask my noble friend to take into account that we cannot have one class or one group of people permanently sitting in judgment over another? The lay magistracy, for all its commitment to public service, is not as representative as juries and that needs to be taken on board.

[Lord Ponsonby of Shulbrede (Lab)]

My noble friend makes a fair point. I would say that magistrates are more diverse than judges. Judges already sit in certain types of cases as single judges deciding people’s guilt; they do it in youth courts and family courts, and there are other examples within the civil jurisdiction as well. I think it is also fair to say that in the big conurbations—London and the big cities—there is greater diversity in the magistrate base. I take the point my noble friend makes, but I think that magistrates are respected and we are starting from a strong base if we want to build on the work they are doing.