Criminal Court Reform

Debate between David Lammy and Sarah Russell

Tuesday 2nd December 2025 Commons Chamber

[Mr Lammy]

Our criminal law cannot be set in aspic. The system that we have now largely came about as the result of legislation in 1971. Just prior to that, this House decriminalised homosexuality, and it was only in 1991 that we outlawed marital rape. Of course we make change, and it is right that we make change in this circumstance.

[Sarah Russell (Congleton) (Lab)]

I have immense sympathy for the difficult position that the Lord Chancellor and the many victims of crime in this country are in. There is, however, a category of offences relating to the right to protest—a right that has been restricted by multiple Governments over time. It is very important that we maintain jury trials in anything that touches on that area, so can the Lord Chancellor commit to retaining jury trials in cases where the offence would currently go to the Crown court or would be an either-way offence?

[Mr Lammy]

I recognise that there will be a range of cases beyond those that will now sit with the magistrates, in which the sentence would be more than 18 months and up to three years. However, I believe it must be left to our magistrates and judiciary to make the appropriate determination.

Prisoner Releases in Error

Debate between David Lammy and Sarah Russell

Tuesday 11th November 2025 Commons Chamber

[Mr Lammy]

Was the hon. Gentleman not listening? I discussed the cases just a few moments ago, and I discussed how those cases emanated prior to those checks—many of them—and that one of the errors in those cases started in the court system. It is also the case, and I have been crystal clear about this with the House, that in a paper-based system in which it is often the most junior people in our OMUs who are dealing with this, we cannot eradicate all human error. Any Secretary of State who stood at this Dispatch Box and said that we could would be telling a mistruth.

[Sarah Russell (Congleton) (Lab)]

We must of course solve the immediate problem of accidental releases, which are a huge issue. However, for longer-term planning, we have a very high vacancy rate in our prisons. I understand what the Secretary of State has said about the work on bringing that down, but will he look at the Justice Committee’s recommendation to produce a 10-year plan for the prison system workforce in the same way as we do for the NHS?

[Mr Lammy]

I am grateful to my hon. Friend, and we are looking at that recommendation. There are significant workforce issues. We are asking our prison officers to work in a system that the prison inspector himself has said is cracking and at “breaking point”, and we must invest in our workforce.