Criminal Justice System: Capacity

Edward Argar Excerpts

Thursday 17th October 2024 Commons Chamber

[Edward Argar (Melton and Syston) (Con)]

I am grateful to the Lord Chancellor and her civil servants for their typical courtesy in giving me early sight of her statement. I am also grateful to magistrates, to whom I pay tribute. In many ways, they are the backbone of our justice system, and like juries they root our justice system in our local communities. Their service is hugely appreciated, as is the work of the Magistrates’ Association, and I recognise their skill and dedication.

The Lord Chancellor highlighted the backlog as context. As she will know, in 2010 the backlog that we inherited in the Crown courts was 48,000. It was reduced to 40,000 by 2019, but we recognise that it is a lot higher now. The change? A pandemic. She rightly referred to significant increases in the remand population. During the pandemic, supported by the then Opposition, we opted not to mass-release prisoners, as other countries did, and not to cancel jury trials. That of course led to increases in the remand population, compounded by the effect of the Bar strike.

The vast bulk of the backlog is in the Crown courts, as the Lord Chancellor will know, and it is right to recognise the interrelationship between magistrates courts and Crown courts. I believe that the concordat on sitting days had not been formally signed by the former Lord Chancellor at the time of the election, and I therefore saw with concern that, in stark contrast to previous Lord Chancellors who increased sitting days, it appears we will see a reduction of 2,700 sitting days compared with last year. I would be grateful for the Lord Chancellor’s reflections on that. In 2019 there were 85,000 sitting days, and 107,700 last year. This year the cap appears to be at 105,000. That appears to be the Government’s choice, but I would welcome clarity from the Lord Chancellor on that.

The changes that the Lord Chancellor has set out were characterised by the chair of the Criminal Bar Association, Mary Prior KC, in The Guardian:

“This is a knee-jerk reaction, done without consulting—once again—the criminal barristers or solicitors who deal every day with these cases”.

There are therefore a number of questions about that and the broader criminal justice system, given the scope of the right hon. Lady’s statement, which I hope she will be able to answer. Has she conducted a complete impact assessment for the changes, and will she publish that and all the modelling on it prior to the statutory instrument being laid? How many people are currently on remand, and will she share with the House the latest, most up-to-date figure? Reports suggest that this measure will in the short term potentially increase pressure on prison places, so will she say by what amount her modelling suggests that will be? What prior consultation did she or her Department undertake with the Criminal Bar Association, the Bar Council and the Law Society before making this decision? What assessment has she made of the impact of the decision announced today on the backlog and on the number of short custodial sentence passed by the courts?

Given that the right hon. Lady explicitly referred to her prisoner early release scheme, I hope she will be able to answer all those questions, but there is also one important question that I hope she will answer today by way of reassurance: are any of the 37 prisoners released in error last month still roaming free, or have they all been safely returned to prison? I would be grateful for clarification on that, because it is important.

We will find out in under two weeks whether, in pre-Budget spending discussions with the Chancellor, the right hon. Lady has successfully fought for investment and in the interests of justice and victims of crime, or whether she has sold out the victims and the systems, and conceded cuts to the Treasury. If she has succeeded in securing additional investment, she will have my gratitude and support. If she has not, we will rightly hold her to account.

[Shabana Mahmood]

It is almost as if the shadow Lord Chancellor was not, in fact, a Minister in the Ministry of Justice just a few short months ago. Let me remind him of a few salient facts. First, on Crown court sitting days, I will not accept any suggestion or allegation from him that this Government have cut sitting days or trials in the Crown court. That is entirely untrue. As he knows, or ought to know, perfectly well—I am sure he can check with the former Lord Chancellor—on 28 June, the last Government and the last Lord Chancellor determined how many days the judges could sit this year. Since then, this Government have increased the number of sitting days by 500. As there is clearly some confusion here, it is important that I set the record straight.

Every year, the Government and the judiciary agree a number of sitting days, and an overall budget to fund those sitting days, in what is known as the concordat process. In June, the judiciary reached an agreement with the former Lord Chancellor to sit 106,000 days in the Crown court, with a total budget of £275 million. It has become clear that there has been over-listing against that budget, with more trials scheduled than the funding allowed for. As a result, some cases have had to be delisted, although far fewer than some recent reporting has suggested—it was claimed that around 5,000 sitting days were being cancelled, and I know that the shadow Lord Chancellor had some other numbers in his remarks. In fact, as I understand it, the number is more like 1,600 sitting days. Although misleading reports have abounded, one thing is clear: the concordat process has not worked as it should. I can assure the House that the first concordat process on my watch will be very different, and such confusions will not occur again.

The shadow Lord Chancellor asked a number of questions relating to the impact assessment for the changes announced today. I will publish all the usual impact assessments when the statutory instrument is published. As I said in my opening remarks, we expect an initial impact on prison places, but over time we expect that to come down. We have a little more space in prisons because of the action we have taken to stabilise the pressure on prison places. It is a sensible measure to then take the opportunity to bear down on the Crown court backlog by providing the extra 2,000 sitting days that this change will allow, while also bearing down further on our remand population.

As the shadow Lord Chancellor will know, the exact numbers are difficult to model because listing is a matter for the judiciary. Some of those on remand will ultimately be found not guilty and some will be found guilty and sentenced, and the whole range of sentencing measures is available to the independent judiciary. But we expect to make some progress on the remand population and, crucially, to be able to move people from the reception estate into the rest of the prison estate, thereby helping us to make sure we have the prison places where we need them. I can also confirm that all of the 37 people released in error because of being incorrectly sentenced are now back in custody.