Chris Hinchliff
Main Page: Chris Hinchliff (Labour - North East Hertfordshire)Department Debates - View all Chris Hinchliff's debates with the Ministry of Justice
(2 days, 21 hours ago)
Commons Chamber
Jake Richards
We absolutely have to drag the criminal justice system into the 21st century by modernising its structures, but the context in which we operate clearly has an effect on that programme. The fact that we have inherited an unprecedented backlog in our criminal court system affects the urgency and radicalism of that reform.
Let me take this opportunity to pay particular tribute to Sir Brian Leveson, who is no shield. His independent review has driven the reforms that we are taking forward; it is rigorous, thoughtful and absolutely clear about the scale of the challenge before us. Let us be very straight: the reforms being proposed, which will be set out in due course before this House, are not plucked out of thin air but the result of intensive, careful work undertaken by the most senior lawyers, academics and members of the judiciary. The modernisation programme will be built on evidence. These are difficult decisions and no doubt uncomfortable for some in the legal profession, but they are absolutely vital for a properly functioning and robust system that we can be proud of to take into the future.
Let me bust some of the myths that we have heard in the debate. Some right hon. and hon. Members have suggested that these changes tear up a historical right to a jury trial. Let me be abundantly clear that they do not. Article 40 of Magna Carta reminds us that we must not
“deny, or delay right or justice”,
giving us the old adage that justice delayed is justice denied. Sadly, in this country today, justice delayed has become justice denied for far too many victims. The Government will not cling to mythological tradition at the expense of fairness, effectiveness and public confidence. We will rise to meet the challenge of the day, rather than living in the past.
I have heard on countless occasions the assertion that this Government are scrapping jury trials. That is not true. Everyone has and will always have the right to a fair trial, as my hon. Friend the Member for Derby North (Catherine Atkinson) made clear in her compelling speech. There has never been an inalienable or unqualified right to a trial by jury.
Let us set out the maths in some detail, because this is very important. Currently, 10% of all criminal cases are subject to jury trial. Some 7% of those are pleas, where there is no trial, so just 3% are subject to a jury trial. The reforms before the House would reduce that number to just 1.5%. These are modest reforms affecting a small proportion of the criminal cases in our country.
Chris Hinchliff (North East Hertfordshire) (Lab)
I have great respect for what the Minister is saying, but I and many others on the Labour Benches still have questions. Will he agree to meet those of us who think, for example, that the proposals from the Criminal Bar Association deserve closer scrutiny, so that we can discuss those proposals in further detail?
Jake Richards
As ever, I am happy to meet my hon. Friend to discuss this or many of the other issues he raises in the House.
Let us be very clear that, as my hon. Friend the Member for Colchester (Pam Cox) has set out, this is a modest change to jury trials—something that has happened throughout our history. The Opposition were reminded by my hon. Friend the Member for Cramlington and Killingworth (Emma Foody) that their party has made modest changes to jury trials in the past. It was Margaret Thatcher, one of the shadow Justice Secretary’s various political heroes, who reclassified crimes including taking a motor vehicle without authority and who raised the threshold for criminal damage. Those became summary-only offences in 1988—they were not subject to juries at all. I wonder whether Conservative Members consider Mrs Thatcher to have torn up the Magna Carta or undertaken constitutional vandalism. It is a rhetorical device that Rumpole would be proud of.
We have heard today about what more we could be doing, but let us set out what we are doing. This Government are investing at record levels; this year alone, we have allocated over 100,000 Crown court sitting days—the highest number ever and 5,000 more than the previous Government. I remind the House again that in 2019, the previous Government cut Crown court sitting days by almost 15%—that is their record and their legacy, but Conservative Members did not mention any of that in their speeches today. The Government have committed £34 million a year for criminal legal aid advocates and £92 million a year for criminal legal aid solicitors, in recognition of their vital role in the justice system and to fix the problems caused by the previous Government’s mismanagement. We are also looking at match-funded criminal barrister pupillages, with a clear focus on opening up the criminal Bar to more talented young people from every background.