Courts and Tribunals Bill

Debate between Catherine Atkinson and Geoffrey Cox

2nd reading
Tuesday 10th March 2026 Commons Chamber

[Sir Geoffrey Cox]

Not now—later. I will.

I want to appeal to Labour Members. We are engaged in ideological strife. But in the Venn diagram that any society depends upon for the sustaining of sufficient points of common ground to keep a society together, jury trial is one of those that appear in a point of intersection between the vast numbers of this House and outside it.

[Catherine Atkinson (Derby North) (Lab)]

Will the right hon. and learned Gentleman give way?

[Sir Geoffrey Cox]

I will give way to the hon. Member for Colchester (Pam Cox) first, if she can give me just two seconds. I want to develop this theme, because it is very important to me.

There are some things that have to be above politics. If there are not, we have no society to defend. Jury trial is one of those institutions that have been defended by those across the aisle from me, on the opposite extreme of the political spectrum, and by those on our side of the House, out to the furthest waters of the right. Why is that? Because the administration of justice must be a non-ideological space. Jury trial unites us all for a simple reason: it is the most powerful instrument and engine of social justice that this country has ever invented. It is a safeguard against oppression. It is a built-in defence against establishment and administrative power.

[Catherine Atkinson]

On that point—

[Sir Geoffrey Cox]

I will give way to the hon. Member for Colchester first.

--- Later in debate ---

[Sir Geoffrey Cox]

There has always been a summary jurisdiction—invariably never for offences of dishonesty, and invariably never for offences that might lead to the destruction of the reputation of those who are facing it.

If one Member of this House, who must be disqualified if there is a sentence of imprisonment of more than 12 months, after the passage of this Bill is arraigned before a court on a case that might involve 12 months and one day, he or she will lose the right to a trial by jury, despite the fact that that might be an offence of protest. It might well be an offence where the Member of the House has felt so powerfully that they must breach the law that they are arrested and arraigned on a potential sentence of up to three years. Three years is a long time. As that could easily be an offence of protest, are we therefore saying that those who seek to go to jail, such as the suffragettes, should lose their right to trial by jury—a jury that is not obliged to follow the diktats or directions of a judge on the law; a jury that is entitled to reach its decision on its judgment about what is fair? I say—

[Catherine Atkinson]

Will he give way?

--- Later in debate ---

[Catherine Atkinson]

Will the right hon. and learned Gentleman give way?

[Sir Geoffrey Cox]

No, I am not giving way. I am mindful of time and I must complete what I have to say.

This is a time when not just this House but the judiciary and the courts are under attack. The unprecedented attacks upon the judiciary and the legal profession are deplorable. Institutional trust is under siege, and now is not the time—[Interruption.] I am trying to make a speech that is non-partisan—[Interruption.] It really is not. I remember vividly when I sat where the Lord Chancellor now sits and he was on this side of the House. I remember the fire that breathed from his soul as he spoke about justice. I can hear him now, in my mind’s eye, speaking on this subject, and I know that he would have been saying the direct polar opposite of what he is advancing today in the House. I would say that he was his wiser self in those days. He was his best self then, because at that time he was motivated by those who were oppressed, who were poor and who faced the full phalanx of the state reined against them. It was this Secretary of State in a different guise who was their champion and their voice.

A jury trial is the most potent weapon and instrument against oppression and injustice. It serves not just those who are wealthy but those who are poor, and not just those who have a voice but those who do not. It is the 12 members of a jury who will give a hearing to people who otherwise have no hearing—

[Sir Geoffrey Cox]

I will not take interventions now, and certainly not if they are of the quality that we have had up till now.

The reality is that jury trial is the cornerstone of our justice system. Do away with it and we are in trouble. Let us look at the way in which this Bill operates. It automatically presumes jury trial for everything that will have a likely sentence of three years, and those will involve some grave offences. However, in relation to serious, complex or lengthy cases, it could cover any allegation, so long as a judge concludes that it is appropriate that it should be dealt with without a jury. Apart from the excluded offences, which I accept exist, it is not just fraud trials but all kinds of trials that will be tried without a jury if a judge concludes that is appropriate.

The moment we make jury trials subject to the individual view of a judge as to whether that is appropriate or not, we drive a hole through the fundamental, accepted right that all of us on both sides of the House have accepted over so many years, which is that if someone is accused of a serious crime that could destroy their reputation, disqualify them from the House of Commons, wreck their professional reputation or result in the loss of their employment—as with the postmasters and postmistresses—they should be able to be judged by 12 people.

There is a reason why summary justice is called “summary”. There is a reason that summary justice was always subject to a complete rehearing. It has been suggested that there is no right to a jury trial. Of course there is no written right, but there has always been an accepted consensus, on both sides of this House and throughout the system of this country, that jury trials are precious for those kinds of cases, particularly those involving allegations of dishonesty. The right to elect is crucial. That is what this Bill is undermining. That is what is so dangerous about it. And undermining it on what basis? Arbitrary rules and arbitrary divisions. Why three years? Why not next year four or five? Why not extend it gradually, little by little, until we reduce—

[Catherine Atkinson]

Will the right hon. and learned Gentleman give way?

[Sir Geoffrey Cox]

No, I am not giving way. Let me make that clear now. I want to finish in a moment.

The reality is that jury trial is too precious a thing to lose. We are faced with a question of principle here. The savings that the Government claim will be made are contested by many expert analyses from the profession, the Institute for Government and others. They are based on questionable assumptions. Are those savings sufficient for us to abrogate a fundamental principle that attracts almost universal assent across the political spectrum, which is so rare in our institutional and political life? Are they sufficient for us to take this highly unprecedented and questionable step? I would submit that they are not.

I would submit to the House that we should pause long and hard before we encroach upon this fundamental principle. I have seen it work in practice over 40 years and, as I have said, I have never failed to be awe-inspired by the sheer quality of attention and fairness that a jury brings to its deliberations. Summary justice can never replicate that. We are about to take a step that will irretrievably damage the quality of justice in this country.

I do not watch television much, but sometimes I watch something called “Digging for Britain”. It is apparent from that programme that we can tell when a civilisation starts to degrade when the quality of its architectural constructions changes; they start to look cheaper, and there is less attention to detail. If we take this step, we will be degrading our system of justice. A summary justice trial is summary—the clue is in the name—but that has always been corrected by the power to have a full rehearing in the court above: the Crown court. The Bill is even taking that away. We are ensuring that many thousands of people will be dealt with summarily in cases of great importance to their life and reputation.

I can only appeal to the House—ineffectually, perhaps; and I regret that I have attracted comments from Labour Members suggesting that my comments are controversial. They come from the heart, and from my 44 years’ experience of a system and a profession that I love. If I have attracted the ire of Labour Members, I apologise for that; I was hoping to induce reflection on the sheer importance of the institution about which we are to take this important decision.