Courts and Tribunals Bill

Emily Darlington Excerpts

Tuesday 10th March 2026 Commons Chamber

[Nick Timothy]

Magistrates have their place in the system, but jury trials are fundamental to our inheritance, and to public confidence in the criminal justice system.

If the reason is not efficiency, why are the Government doing this? There are only two plausible explanations. The first is that this left-wing Government—determined to censor free speech, and indifferent to public concern about two-tier justice—simply want to do away with the hassle of juries. The second is that the civil service has long sought to do this, and after a line of wiser Secretaries of State than this one, they finally found a Secretary of State foolish enough to go along with it.

We can imagine the scene in the Ministry of Justice. A reshuffle is under way, and the Cabinet Secretary tips off Sir Humphrey, who promptly gathers his officials and asks them what the new Justice Secretary is all about. A private secretary plays the now notorious episode of “Celebrity Mastermind”. “What blue cheese is paired with port?”, asks the quizmaster. “Red Leicester”, says the right hon. Gentleman. Sir Humphrey’s eyebrow arches. “Which Marie won the Nobel prize for physics?” “Antoinette”, comes the answer. Sir Humphrey smiles a wry smile. “Which English King followed Henry VIII?” “Henry VII,” cries the right hon. Gentleman. Sir Humphrey looks around at his trusted officials, and says, “Finally, I think this time we’ve found our man.”

For this is not a new idea. Officials have been itching to do this for years, but wiser Secretaries of State have always said no. Under this explanation of events, the Justice Secretary accepted the advice of his officials, failed to interrogate their arguments, and without so much as a second thought, decided to do what was rejected even during the pandemic, when lockdown and social distancing rules meant criminal trials were postponed.

[Emily Darlington (Milton Keynes Central) (Lab)]

I appreciate that the hon. Member is into storytelling—it may be his next job—but what did he think was going to happen to the courts system when there was a 23% cut under the last Government? It was going to crumble. Does he not agree?

[Nick Timothy]

Crown court waiting times were actually lower under the Conservatives until the pandemic. It is true that the backlog grew during the pandemic, but the pandemic came before the general election, so why, if it was so necessary, was this measure not in the Labour party manifesto?

I am willing to accept that my account may be unfair. Despite all the evidence provided by the Justice Secretary over the years, the policy might not be explained by his incompetence. Just as plausible is ideological vandalism, and we should take Ministers at their word. To be clear, I do not mean the occasion when the Justice Secretary insisted:

“Criminal trials without juries are a bad idea.”

No, I mean the explanation given by the Minister for Courts. She said, “This is ideological.” Asked if the Government would be doing this for reasons other than efficiency, she said yes. If we join the dots, this does make sense, because Labour Governments have tried to do it before—in 1999, 2003 and 2007. [Interruption.] The Justice Secretary says Margaret Thatcher did it. Not only is that not true, but if he reads “The Downing Street Years” he will get a lesson in conviction politics and strong leadership, which this Government do not understand.

--- Later in debate ---

[Jess Brown-Fuller]

I agree with some of what my hon. Friend said. I do agree that trial by jury is one of the only parts of our justice system that is still actually trusted. The possibility of being tried by one’s peers is fundamental to a fair trial in this country. The Deputy Prime Minister himself recognised that point in the Lammy review in 2017, and then again during the pandemic when curtailing the right to a jury trial was proposed to deal with the increasing backlog.

[Emily Darlington]

I am trying to understand the hon. Lady’s point. Is she saying that we should now extend jury trial to all trials, or that we should keep the status quo? Is she saying that it is sacrosanct and so should in fact be extended? I am confused.

[Jess Brown-Fuller]

I am happy to make it absolutely clear for the hon. Member. If I was allowed to get on, I could make that point. Trial by jury is not the problem. We agree that there is a problem that needs to be solved, but curtailing the right to a jury trial will not achieve what the Government and the Opposition want: the backlog coming down.

Leveson’s report proposed a bench division with a judge and two magistrates. The Government have gone further and proposed a swift court with just one sitting judge. Did they choose to ignore Sir Brian Leveson’s proposal of a Crown court bench division with a judge and two magistrates because, although they agree—I think—that the lay element to a trial is an important part of the system, they know that they do not have enough magistrates and are likely to struggle to find enough willing to preside over lengthy cases? Does the Courts Minister really believe that defendants opt for a Crown court trial because they want their cases to be heard in a Crown court building—because of the facilities or because it might have better coffee—rather than because they want a trial by jury?