Jury Trials

Esther McVey Excerpts

Wednesday 7th January 2026 Commons Chamber

[David Davis (Goole and Pocklington) (Con)]

May I start by commending my right hon. Friend the Member for Newark (Robert Jenrick)? I do not always agree with him—I am not quite Anna Soubry—but on this issue, he struck exactly the right tone. I speak as somebody who has criticised the Ministry of Justice, under all parties, rather vigorously for 30 years, and he struck exactly the right tone in saying that the system has to be put right, given the failures over 30 years and more. We have to address this matter but not take the fundamentals out of the system in the process of doing so.

May I do something unusual and commend the Liberal Democrat spokesman, the hon. Member for Chichester (Jess Brown-Fuller)? She made a very well thought-through speech.

[Esther McVey (Tatton) (Con)]

You’re going soft!

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

New year, new David!

--- Later in debate ---

[Esther McVey (Tatton) (Con)]

Who would have thought that a Government led by a human rights lawyer would be leading the charge to remove one of our most basic human rights, trial by jury? The Government are removing the right to a jury trial for any offences that carry a likely sentence of less than three years, supposedly to reduce the backlog of cases waiting to go to trial—but let us look at the evidence.

There is a backlog of 78,000 cases. There are around 1.3 million prosecutions in England and Wales every year, and 10% of those cases go before a Crown court. Of those, three out of 10 go to trial. These reforms mean that more than two out of 10 will still go before a jury. Given those figures, there will be no realistic change to the waiting times from removing that fundamental right. Who was doing the maths for this—the “Mastermind” Lord Chancellor? No wonder the Prime Minister appointed him.

My constituents in Tatton, from school pupils to the leader of the northern circuit and barristers from the Middle Temple, urged me to speak today to say that this is an absolute disgrace, and they put forward some of their suggestions. A barrister at St John’s Buildings said, “Actually, I don’t believe at all that cutting trial by jury will get down these lists and sort out the problem. In fact, I’m deeply concerned that such proposals will further erode the trust of the public in our justice system. It will remove their participation in criminal justice. There is no evidence that it will have any impact on the delays. A better solution for the backlog would be to stop the cap on the number of sitting days and let courts sit around the clock, and also to sort out the failure of the prisoner transport system, which does not get defendants to court, or that gets them there late and wastes time.”

Another barrister—a King’s Counsel criminal barrister at Lincoln House Chambers in Manchester—said, “I’m very concerned that curtailing jury trials is based on no credible evidence at all. In particular, there has been no pilot scheme. It appears that the suggested savings of 20% have been pulled out of thin air. Very importantly, it will erode a deeply entrenched constitutional principle that a jury may acquit as a matter of conscience in these cases. It will remove a bulwark against misuse of the criminal court by the Government and those in authority, and the ability of a jury to take a view favourable to a defendant for reasons other than evidence of guilt.”

What about the Lord Chancellor? Until a few weeks ago, he believed in juries and trial by jury, too. This is one thing that Government Back Benchers should really be concerned about: constituents have said to me that for such an important change to our unwritten constitution, there should have been mention of it in the Labour party manifesto. One person said, “That would have factored into my voting decision, and it could well have been—if not would have been—a very different decision.”

The debate has been revealing. There are no data, no impact assessments and no pilot. The Minister herself, who even suggests—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. The speaking limit is now three minutes.