Courts and Tribunals Bill

Emma Foody Excerpts

2nd reading
Tuesday 10th March 2026 Commons Chamber

[Emma Foody (Cramlington and Killingworth) (Lab/Co-op)]

I have spoken in this place about my experience of being a magistrate before being elected. I remember the weight of responsibility vividly. I recall the mornings in courtrooms, as we weighed defendants’ circumstances and mitigations against the urgent need for public safety. I have seen the sheer graft of the staff who keep our legal gears turning, but I have also seen the cracks that turn into chasms. There is nothing more frustrating than sitting on a bench and seeing a case adjourned for the third or even fourth time, not because of legal complexity, but because the system simply could not cope.

This is not just about administrative efficiency; it is about people. For too long, victims have been the forgotten party in our courtrooms, treated more like pieces of evidence than human beings. I note the offence taken by the hon. Member for West Suffolk (Nick Timothy) at being reproached for not mentioning victims enough in his opening speech. I gently suggest that if he had devoted as much time to victims as he did to talking about “Mastermind”, he would probably not have received the charge in quite that way.

The Victims’ Commissioner has been clear that survivors are bearing the brunt of a system under unprecedented pressure. She rightly pointed out that delay is the enemy of recovery. Every day that we shave off the backlog is a day we give back to a survivor to rebuild their life. I particularly welcome the measures to remove bad character evidence and the removal of assumed parental contact. That is a huge step for domestic abuse and sexual violence survivors and campaigners, and it is no exaggeration to say that it will save lives.

Magistrates are the backbone of our legal system, but we are also the most human element of it. We are everyday people drawn from all walks of life—teachers, retirees and neighbours—volunteering to give something back to the community and to deliver justice locally. We move the system from feeling like something far removed and distant from our communities—a private club, even; alien and abstract from most people’s lives—towards what it should be, which is a public service for every citizen.

I note the remarks of the Magistrates’ Association that these proposals are a “vote of confidence” in our magistracy. It is therefore surprising to hear the Opposition’s sudden change of heart, as when they increased magistrates’ sentencing powers to 12 months back in 2022 the impact on the Crown court was undeniably positive. It leads us to wonder why Opposition Members are so vehemently against our increasing those powers further—is it a matter of principle, or is it simply because it was not their idea?

As anyone who has worked in the system knows, magistrates can implement changes quickly. We are the speedy end of the system and the key to unlocking the backlog.

The Government’s impact assessment is striking: increasing magistrates’ sentencing powers is projected to save 8,000 Crown court sitting days by 2029. Just think about that: 8,000 days of judicial time redirected to the most harrowing cases such as rapes, murders and serious assaults, ensuring that victims of the most complex crimes are not left languishing for years.

In my communities, local justice has too often felt like a distant concept, but my constituents deserve to see justice delivered by people who actually understand the streets they live on. Local justice delivered by local people is how we restore trust, and it is how we deliver the fair, swift justice that communities like mine rightly expect.

--- Later in debate ---

[Jim Allister]

We are getting rid of them in thousands of cases, which will deny to those who are accused in those cases the right that each one of us would claim for ourselves: to be judged by our peers. We are doing it in cases that involve a large sentence. Three years is no trifling sentence—it is a substantial sentence that is life-changing, and yet we are suggesting that we should move away from that cornerstone of justice in all those cases.

[Emma Foody]

I ask the hon. and learned Member two questions. First, does he not accept that magistrates are indeed peers? Secondly, does he agree that 12 months is a pretty considerable, life-changing sentence as it stands?

[Jim Allister]

Judges, no matter how intellectual, erudite or experienced they might be, do not have the life experiences of 12 jurors. I spent my professional life as a junior and senior counsel in the criminal courts of Northern Ireland, and therefore I have substantial experience of appearing in not just jury trials but judge-alone trials, because for decades we had Diplock courts. I can tell the hon. Lady from my experience that if I was charged with an offence, without doubt I would choose the jury rather than the judge alone, because whether we like it or not, the most experienced judge becomes case-hardened. You will get far more empathy, either as a victim of crime or as a person accused of crime, from a jury. Why? Because they have the lived experience and so are likely to show an affinity with you, be you the victim or the accused.

It is an immeasurable advantage in our justice system to have those deciding the facts of a case be those who have the feel for what it is to live in that community and know what it is to have empathy with either the person accused or the victim. They are in a far superior position to some case-hardened judge who has heard it all before and, frankly, cannot deliver the quality of dependable justice. I know from my experience that even many people who were convicted would have said, “Well, at least it was my peers who convicted me. I have more confidence in what they did than what a single judge would do.”

What is a jury? When we abolish juries, we are abolishing not just an established right going back 800 years. We are abolishing a protection against arbitrary power. We are abolishing the honest broker. Who brings a case against an accused? The state. Who is the honest broker in that? The jury. The jury, who have that affinity and that lived experience, are in a far better position to reach a sustainable and credible verdict. In the end, it is about public confidence in our criminal justice system, which matters hugely.

Far more public confidence is generated in our criminal justice system through jury trials than through judge-alone trials. The point was made earlier that around 41% of all summary trials that go to appeal are overturned. What does that tell us? It tells us of how case-hardened some of those who are hearing them are, it tells us of the summary nature and the speed with which some of the cases are heard, and it tells us that an injustice was done in 41% of those cases. Are we in the business of accentuating injustice? Surely not. Surely we are in the business of extracting injustice from our system, and we will do that far stronger and far better through maintaining, not diminishing, jury trials. As the Justice Secretary said, jury trials are indeed the cornerstone. Take away the cornerstone and you have begun to demolish the edifice in which we all have so much pride: our criminal justice system.

Jury Trials

Emma Foody Excerpts

Wednesday 7th January 2026 Commons Chamber

[Emma Foody (Cramlington and Killingworth) (Lab/Co-op)]

We are facing a real and serious crisis in our criminal courts. It did not happen overnight and it certainly did not happen by accident. It is the result of 14 years of neglect, and it is now denying justice to people up and down the country. Right now, around 80,000 cases are waiting to be heard in the Crown court. If we do nothing, that number will only grow. As we have heard today, in some areas cases are being listed in 2030.

[Catherine Atkinson (Derby North) (Lab)]

Does my hon. Friend agree that it is really frustrating to hear people say that the backlog is the result of covid, when it is clear that backlogs were increasing before covid as a result of underlying factors including substantial real-terms cuts to the justice system, court closures and reductions in judges and court staff? They began rising in 2019, the same year that the previous Government cut sitting days.

[Emma Foody]

Absolutely. I agree with my hon. Friend. I am immensely frustrated at the rhetoric on that point.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

Were backlogs higher or lower in 2010 than they were in 2019, before the pandemic?

[Emma Foody]

Unfortunately, I did not hear the apology that should have preluded the question, for the absolute carnage the Conservatives left in our courts on their watch. They have shown no recognition or contrition for what they left behind. In every single one of those cases there is at least one victim unable to access justice. [Interruption.] I am glad that Opposition Members find it so amusing. They would find it much less amusing if they were at the other end of the justice system. Every victim is waiting to move on. Every witness is stuck in limbo. Every defendant is entitled to have their case heard, within a reasonable time, to repay their debt or to begin to be rehabilitated.

I speak about this issue not just as a Member of Parliament, but as a former member of the judiciary, having sat as a magistrate. I have made the decisions in courtrooms that I knew would have a lasting impact on people’s lives.

[Ayoub Khan (Birmingham Perry Barr) (Ind)]

A very valid point was raised earlier about triaging whether a case should have a jury trial. If a judge decides that the sentence would be less than three years, but after a trial in the absence of a jury it is decided that the defendant should get five or six years, do they have a right to appeal the decision and have a jury trial?

[Emma Foody]

I am sure that my hon. Friend the Minister will be able to go into the details of the point that the hon. Gentleman makes, but I would like to make some progress.

As I said, I have made decisions that will impact people’s lives. I have seen at first hand long delays that damage victims’ wellbeing, undermine their confidence and cause too many to withdraw from the process altogether. That is not a failure of victims, but a failure of the system. Let us be clear: the backlog is not just frustrating; the system can be frustrated. Some defendants game the system to delay their trial and avoid accountability for as long as possible, in the hope that by the time their case is heard, either it will fall over entirely, or witnesses and victims will be unable to give evidence, as it is not as fresh as it was. That is indefensible.

That is exactly the type of behaviour that the reforms are designed to stop. We are already investing heavily; there are more Crown court sitting days this year than ever before. We are putting money into repairing and modernising court buildings, legal aid and victim support services, which are getting long-term funding so that they can plan ahead. However, anyone who has worked in the courts knows that we cannot spend our way out of this problem. There simply are not the judges, the criminal barristers or the court staff to keep up with demand. Even courts that are running flat out are struggling. Without any reform, the backlog will continue to grow.

As we have heard today, everyone will have the right to a fair trial—that is fundamental—but the truth is that most criminal cases have never involved juries. Over 90% are already dealt with by magistrates, and they are dealt with fairly. Let us also be honest about history. It was a Conservative Government who, through the Criminal Justice Act 1988, restricted eligibility for jury trial by reclassifying a range of offences as summary only. We see selective amnesia all too often in this place.

As a former magistrate, I am proud of the work that magistrates do. I was pleased to see the campaign launched recently to recruit more of them to the bench. They are volunteers, drawn from their communities, who give up their time to serve the public. They are more representative of the society that they serve than the judiciary as a whole, and they take their responsibilities extremely seriously. I thoroughly enjoyed my role and truly encourage anyone from my community, and communities across the country, to put themselves forward for this important role.

Sir Brian Leveson has been clear: jury trials now take far longer than they used to, largely because cases are more complex and involve vast amounts of digital evidence. That is not anyone’s fault, but it does mean that the system needs to adapt. We must restore confidence by keeping communities safe and making sure that victims are supported, not forgotten, by the system that is meant to protect them. The Conservatives left behind a justice system in serious trouble. Labour is choosing to fix it.

Restriction of Jury Trials

Emma Foody Excerpts

Monday 8th December 2025 Commons Chamber

[Sarah Sackman]

First, I pay tribute not just to our judges, but our court staff and our hard-working prosecutors and defence lawyers, because we know that judges in the Crown court are hearing almost 30% more cases than they were pre-covid. In that sense, the system is working harder. As I have just indicated, we have added more sitting days. We have added more than 5,000 more sitting days than were being sat when we took over in government, and I want us to go further. We need to match the system reform with investment, and I hope that we will be able to come back to the House at the conclusion of the concordat process, which needs to take its course, and assure the House that we are sitting at maximum system capacity.

[Emma Foody (Cramlington and Killingworth) (Lab/Co-op)]

It is horrific that victims of rape and sexual assault are waiting years for justice, and we should never forget, in these conversations or decisions, the toll that that process takes on a victim’s life. Can the Minister please confirm that victims will be kept at the heart of the justice system, and that this Government will deliver timely justice for survivors?

[Sarah Sackman]

As she so often does, my hon. Friend has hit the nail on the head. We have in focus, at the heart of all that we are doing, the goal of delivering swifter justice for victims. Last week the Deputy Prime Minister announced a package of £550 million to be put towards victim support and keeping victims engaged in the process, which, as it takes longer and longer, is harder to do. Ultimately, the best thing that we can do for victims is deliver on the promise of bringing down the backlog so that they do not have to face these agonising waits to see justice done. If victims pull out—and, in these cases, the victim is often the only witness to the crime—the worst aspect is that it is not even a question of “justice delayed is justice denied”; justice simply is not served at all.

Right to Trial by Jury

Emma Foody Excerpts

Thursday 27th November 2025 Commons Chamber

[Emma Foody (Cramlington and Killingworth) (Lab/Co-op)]

In 2014, 8% of those on trial for an either-way offence opted for a jury trial. By 2022, that figure had more than doubled to 17%. At the same time, we know that the Crown court backlog is growing, that there are delays in those cases going to trial, and that more people are therefore dropping out and being denied their justice and their day in court. Is it not clear that some people are gaming the system to deny victims justice?

[Sarah Sackman]

My hon. Friend is absolutely right. Last week, I visited Wood Green Crown court, which has some of the deepest backlogs in the country, and met judges and barristers. They said that it was not uncommon to watch career criminals opt for a jury trial—their matter could be heard in the magistrates court, which has sufficient sentencing powers—and literally laugh in the dock. Why? Because they know that this Christmas and the one after that they will still be with their families without having faced trial, in the hope that witnesses pull out, the trial cracks and justice is not served. There are people gaming the system. That is the consequence of the delays, and we must do whatever we can to fix it.

Secure 16 to 19 Academies Bill

Emma Foody Excerpts

Report stage
Friday 11th July 2025 Commons Chamber

[Emma Foody (Cramlington and Killingworth) (Lab/Co-op)]

I beg to move, That the Bill be now read the Third time. I am grateful to hon. Members for their contributions and to the hon. Member for Christchurch (Sir Christopher Chope) for tabling the amendments. In the interests of time, I commend the Bill to the House.

--- Later in debate ---

[Emma Foody]

With the leave of the House, I thank you, Madam Deputy Speaker, and Members across the House. I thank the Clerks, the Minister and the shadow Minister for their support, and the contributions and welcome challenge from the hon. Member for Christchurch (Sir Christopher Chope). It was brilliant to see such consensus on this important issue. I also want to say a quick thank you to my team for the work they have done to support me in bringing this Bill forward in my first year in the House, along with officials from the Ministry of Justice. Without their support, I would not have been able to do so. I look forward to—hopefully—the continued support of hon. Members for the Bill as it progresses through further stages.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Secure 16 to 19 Academies Bill

Emma Foody Excerpts

Committee stage
Wednesday 2nd July 2025 Public Bill Committees

[The Chair]

With this it will be convenient to discuss clause 2 stand part.

[Emma Foody (Cramlington and Killingworth) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Mundell. Secure schools are a new form of custody for children and young people. Secure 16 to 19 academies have already been established in legislation, with the first ever secure school, Oasis Restore, opening in Kent last year. The Bill will make further amendments to the Academies Act 2010 for the purpose of providing different requirements for securing 16 to 19 academies.

In 2016, Charlie Taylor published his review of the youth justice system. The report made a number of important recommendations, including the need to reimagine how we care for children who commit offences serious enough to warrant detaining them in custody. His proposal was to create a new type of custodial environment focused on the delivery of education and offering children the opportunity to gain the skills and qualifications necessary to prepare them for their eventual release into the community. The Taylor review made a compelling case for change. The need to transform the environment in which we detain and provide care for those children is as necessary now as it was then.

The Police, Crime, Sentencing and Courts Act 2022 established secure schools in legislation as secure 16 to 19 academies under the Academies Act 2010, and secure children’s homes under the Children’s Homes (England) Regulations 2015. As work has continued, and the first secure school, Oasis Restore, is now open, the Bill is needed to make further amendments to the 2010 Act in relation to secure 16 to 19 academies. The proposed changes cover the termination period in which the Government continue to fund the secure school, should there be a need to end a funding agreement for a secure school into which they have entered. The Bill will also amend the duties placed on providers that enter into funding agreements with the Government prior to opening a secure school. The changes will provide far better and more integrated services. With that background in mind, I turn to the clauses.

Clause 1 contains three main measures. First, the Bill will amend section 2 of the Academies Act 2010 to reduce the minimum notice period of funding under a funding agreement from seven to two years for secure 16 to 19 academies. A two-year termination period will enable Government to prioritise value for money for the taxpayer and have more flexibility, should there be any need to terminate a funding agreement with a secure school provider. Reducing it to two years strikes a balance between avoiding a lengthy exit period in which Government would be committed to continue funding the secure school longer than necessary, while ensuring that secure school providers have the certainty of funding to avoid issues with recruiting and retaining the specialist staff required to work in this environment.

Secondly, the Bill will disapply section 9 of the 2010 Act for secure 16 to 19 academies. That will remove the requirement that the Secretary of State considers the impact of entering into a new academy funding agreement on other educational establishments in the area for secure 16 to 19 academies. Although it is important that secure schools are established as academies, in order to ensure they mirror best practice in the community, they are fundamentally different, as secure schools do not compete with other schools. As such, we do not expect them to have an impact on the viability of other local mainstream schools. The Bill would therefore disapply that duty for this particular type of school, to help any future secure schools open with minimal delay.

Thirdly, the Bill will amend section 10 of the 2010 Act, which currently requires that an academy provider consult appropriate persons on whether a funding agreement should be entered into. I recognise the importance of considering the impact on local communities when opening any new school. Clause 1 will amend section 10 to require that the provider consults appropriate persons on how the secure school should work with local partners, such as elected representatives or health and education services.

[Chris Vince (Harlow) (Lab/Co-op)]

I welcome the opportunity to serve under your chairmanship, Mr Mundell. Does my hon. Friend agree that this part of the Bill will help to ensure that these institutions are better integrated with local services? I am thinking particularly about my hon. Friend’s opening remarks about the importance of ensuring that the young people who go to these institutions are better integrated into the community once they leave.

[Emma Foody]

I thank my hon. Friend for that intervention. I think that the success of these schools is absolutely dependent on them being properly integrated with local services, as he rightly says.

Clause 2 establishes that the Bill will extend to England and Wales, but it will apply only to England, given that the academy system has not been adopted in Wales. Clause 2 also establishes that the Bill’s provisions will come into force two months after the day on which it receives Royal Assent and is passed. Finally, clause 2 establishes that, once in force, the Bill may be referenced as the “Secure 16 to 19 Academies Act 2025”. I commend clauses 1 and 2 to the Committee.

--- Later in debate ---

[Sir Nicholas Dakin]

My hon. Friend makes an important point. I am pleased that he chairs the APPG for sixth-form colleges, a group I previously chaired, relating back to my time leading a sixth-form college before I came to this place.

I had a roundtable with external providers on how to challenge our system in youth-offending institutions. The Oasis Restore school was represented, as was the Oakhill secure training centre. It is important that we ensure that the best practice available outside our youth custody estate is levered into what we do, so that we can get the very best for the young people. My hon. Friend the Member for Stoke-on-Trent Central is right to press me and the Government on that point.

The Bill is necessary to ensure that specific provisions in the Academies Act 2010 are tailored to reflect the unique nature and needs of secure schools. The Government support the Bill on the basis that those amendments will provide for better and more integrated services. The Bill will enable the Government to prioritise value for money for the taxpayer and to have more flexibility should there be any need to terminate a funding agreement with a secure school provider.

We also have the opportunity to remove any unnecessary administrative burden and to help future secure schools to open with minimal delay. Engagement with local communities is a key part of the Ministry of Justice selection process for new custodial sites. The Bill will give providers the opportunity to engage their local community, ensuring a more constructive consultation process on how the secure school should work with local partners.

In closing, I reiterate my thanks to all those Members who have contributed to the debate, in particular my hon. Friend the Member for Cramlington and Killingworth for her promotion of this important Bill. I confirm the Government’s continued support.

[Emma Foody]

I thank the Minister for those remarks and for the support of the Government. Similarly, I thank Members from across the House for their constructive remarks and for their support of the Bill. I also take the opportunity to thank all the Clerks and officials who have helped in the preparation and progress of the Bill. I thank you, Mr Mundell, for chairing this sitting.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Bill to be reported, without amendment.

Sentencing Council Guidelines

Emma Foody Excerpts

Monday 17th March 2025 Commons Chamber

[Sir Nicholas Dakin]

The Father of the House and my constituency neighbour brings a constructive note, and I agree with exactly what he says. We have an independent judiciary that we should let get on with the job.

[Emma Foody (Cramlington and Killingworth) (Lab/Co-op)]

As a former magistrate, I have been personally involved in sentencing decisions and have relied on and can attest to the importance of pre-sentencing reports giving as much information about an offender as possible before deciding an appropriate sentence. Used properly, they can cut reoffending rates. Does the Minister agree that pre-sentencing reports should therefore be available for all offenders and that access should not be determined by an offender’s ethnicity, culture or faith?

[Sir Nicholas Dakin]

My hon. Friend is exactly right that pre-sentence reports play an important role, and we ought to applaud the work that the Probation Service and others do in preparing those reports. She is exactly right to point to how effective they are in helping with sentencing.