Courts and Tribunals Bill

Gideon Amos Excerpts

2nd reading
Tuesday 10th March 2026 Commons Chamber

[Gideon Amos (Taunton and Wellington) (LD)]

I congratulate my hon. Friend the Member for Chichester (Jess Brown-Fuller) on defending trial by jury, which is a long-standing right that people have enjoyed—albeit only in certain circumstances—and we should think very seriously before taking it away. One hundred senior barristers and KCs have written to the Secretary of State to say that taking away this right for those cases would be an “irremediable error”, and many others have criticised the move.

When I visited the magistrates court in my constituency, magistrates told me of their challenges in recruiting, which must place serious doubts on the assumptions that have been made about the time savings that would result from this Bill. I also have serious concerns about the removal of the right to appeal those cases in the Crown court.

[Carla Lockhart (Upper Bann) (DUP)]

The Criminal Bar Association says it is “fundamentally opposed” to restricting jury trials, with around 90% of criminal barristers being against these proposals. This was not in Labour’s manifesto, and there has been an admission that the plans are ideological rather than practical. Does the hon. Member agree that weakening trial by jury will not solve the crisis in our courts and risks undermining a safeguard that has protected our justice system for over 800 years?

[Gideon Amos]

I do. The hon. Member is right: the problem with these reforms is that they are not going to speed up the criminal justice system or solve the backlog issues. We have rehearsed all the challenges that the system faces—we know what they are, and they need to be addressed, but abolishing trial by jury for those affected will not do that.

Madam Deputy Speaker, if I may, I would like to spend a few minutes on a missed opportunity in this Bill: dealing with the state of our immigration and asylum system, which we all know the Conservatives left in an appalling state. The asylum backlog more than doubled in just two years, from 70,000 to 166,000 people waiting in 2022. Instead of processing those claims, the Conservatives opened over 400 asylum hotels. As the Government began clearing up the—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I suggest that the hon. Gentleman might like to stay within the scope of this Bill rather than discussing asylum hotels.

[Gideon Amos]

The point I wish to make, Madam Deputy Speaker, is that this Bill should address the challenge faced by the immigration system. Alongside the Bill, the Government have a parallel proposal to abolish the current system and to replace immigration tribunals with a new appeals system. I believe that that should be debated in the House and that it is relevant to this Bill, but I will move quickly through my points about this issue so as not to irritate you, Madam Deputy Speaker.

This Bill offers an important opportunity to address the immigration system. I am concerned that the creation of a new body and the abolition of the appeals tribunal is not the right approach, and that it will devalue the tribunal judges who are ready and available to sit and hear more cases. I genuinely welcome the Secretary of State’s announcement of an extra 26,000 sitting days for that chamber, but extra days will not be useful if there are not enough judges to sit for them. In the words of a judge who wrote to me,

“there are not enough judges and if the Home Office does not do the work quicker at their end, which is where the delay is, it makes no difference.”

There are enough immigration and asylum tribunal judges, but we need them to be allowed to sit for more than 220 capped days to deal with the backlog. I tabled a written question on this point. Those judges are prevented from being paid more than salaried judges, and therefore there is an effective cap on their sitting. Those are the kinds of issues that we need to deal with, as well as dealing with the backlog in the criminal courts and allowing our courts to be used for two sittings each day—am and pm—as my hon. Friend the Member for Chichester explained. Those are the kinds of measures that would speed up the criminal justice system, not the abolition of trial by jury for those cases that would be affected.

Some hon. Members have made the point that trial by jury is not necessarily a constitutional right in all cases, and we understand that. However, denigrating trial by jury as unimportant or a minor right does not help the argument of those who are seeking to abolish it for certain cases. Looking back, it has been called in case law a

“highly valued part of our unwritten constitution.”

Going back to the 18th century, Lord Justice Camden said that it was

“the foundation of our free constitution”.

In the 20th century, Lord Justice Devlin said that

“it is the lamp that shows that freedom lives”.

[Catherine Atkinson]

I fully agree that jury trials are a hugely important part of our justice system, but does the hon. Gentleman agree that the way that summary offences, either-way offences and indictable-only offences are classified has altered over the years? That classification was changed in the 1970s and in the 1980s, and it is incorrect to try to portray our legal system as one that is unchanged in 800 years.

[Gideon Amos]

Of course I accept that the legal system has evolved and changed, and that the right to trial by jury has changed, but my concern is that in serious cases, where someone could be imprisoned for up to two years and their reputation destroyed, people would want to be tried by jury. Our legal system currently protects that right, but that would be swept away by this Bill.

[Warinder Juss (Wolverhampton West) (Lab)]

We already have judges who make decisions on cases where children are taken away from parents, so does the hon. Gentleman not consider those to be serious cases? Some 90% of cases are dealt with by magistrates, so does he say that justice is not achieved in those cases?

[Gideon Amos]

Of course magistrates do a vital job, but when I visited magistrates in my constituency, they explained that they seriously doubt that it will be possible to recruit sufficient people to meet Ministry of Justice estimates about cost saving and time saving.

To conclude, for me cases that will result in imprisonment of up to three years—or up to two years if they come before a magistrate—are serious enough to warrant the right of defendants to request a trial by jury. Those are the protections currently in place in law. We should hold on to those protections and defend them as a guarantee of our liberty in this House and in the country.

Courts and Tribunals Bill

Gideon Amos Excerpts

Report stage & 3rd reading
Tuesday 13th October 2026 Commons Chamber

[Sarah Sackman]

It is an honour to open the debate on the Report stage of the Courts and Tribunals Bill, and to bring this important piece of legislation back before the House. This is a Bill with victims at its heart. Its purpose is urgent and long overdue: to ensure that justice in this country is delivered fairly for both victims and defendants. Currently, thousands of victims, witnesses and defendants are trapped in the long, slow wait for justice. That is simply unfair. For some, justice may never come. The old maxim rings true in our country today: far too often, justice delayed is justice denied.

Occasionally, there are stories that stop one in one’s tracks. I appeared on “Newsnight” to explain the situation in our courts—backlogs reaching 80,000 and far too many people waiting for justice—and on that programme, I was confronted with the story of Morwenna Loughman. She spoke of the devastating impact that those court delays had had on her life. Morwenna was violently raped in February 2023. She was forced to wait over two years for her attacker to be convicted after her trial was cancelled not once, but twice at short notice. During that time, she lost her job, her home and her sense of self. Her story has stayed with me ever since—it is people exactly like Morwenna whom I have in my mind’s eye as I return to the House with this legislation. For far too many survivors, delays themselves have become another source of trauma. We cannot sit idly by; we have to act now to resolve this situation.

The Bill seeks to turn a crisis into an opportunity—an opportunity to rebuild a justice system that is swifter and stronger, and has victims’ voices at its core. We have the opportunity to rebuild a system that gives courts, rather than defendants, the ability to triage cases, and that transforms our approach to the culture around rape and serious sexual violence. That is the ambition of this Bill—not just to repair what is broken, but to build something better in its place.

This Government inherited a criminal justice system that was on its knees, with trials taking longer, hearings constantly cancelled and victims facing unacceptable delays. Years of inaction and under-investment had led to a courts system that, as Lord Leveson’s report concluded, was and remains simply unfit for purpose. Today, the Crown court backlog stands at almost 81,000 cases, and the pressure is growing. Cases themselves are increasingly complex, not least because of the growth of digital and forensic evidence. A single smartphone can hold the equivalent of 50 million printed pages, and this adds to disclosure, complexity, and the time it takes to reach a verdict. The police are arresting more criminals. We make absolutely no apologies for that, but a system that is already under strain cannot continue to absorb ever-rising demand without reform. Old structures are creaking under new volumes and new types of crime, and if we do not act, the situation will continue to spiral.

Not only are we failing victims, this situation and these unacceptable delays are corrosive of public trust in the justice system itself. We can and must do better. To do so, we need a sensible, principled and pragmatic approach. As we will no doubt hear, the Opposition have offered plenty of objections, but precious few answers to the reality facing our courts. We will not take lectures from the party that left the criminal justice system in this state. This Government have a plan: a serious package of measures designed to drive down the backlog and ensure that victims get the fast, timely and fair justice that they deserve. Lord Leveson’s conclusion in the independent review of criminal courts was clear that there is no silver bullet for addressing this problem. We need to pull every lever—investment, modernisation and structural reform—and this Government are doing precisely that.

Let me begin with investment. For a start, we have removed the financial limit on court sitting days. We have recruited more judges and magistrates. By uncapping Crown court sitting days—meaning that there is no financial limit on the number of cases that courts can hear—we have unleashed the potential of our Crown courts, which are hearing more cases than ever before. We are investing an additional £287 million in court repairs and digital upgrades, alongside record investment in criminal legal aid to support the solicitors and barristers who run our criminal cases, alongside a package of more than half a billion pounds for victim services over the next three years.

In addition, I am proud that we have announced a £23 million package to introduce specialist rape courts—a manifesto commitment—in every single Crown court centre. That will improve the experience of victims of rape and other sexual offences at court, and I pay tribute to my hon. Friend the Member for Warrington North (Charlotte Nichols), whose bravery and determination has driven forward those changes.

Modernisation and efficiency matter, too. I abhor inefficiency. When I speak not just to victims, but to defendants and to people who work within the system, the wastefulness of ineffective trials is so frustrating. We hear stories of trials being put off because a prisoner was not produced on time or because counsel was unavailable. Working with the judiciary, we are modernising our system and we are throwing the kitchen sink at it.

[Gideon Amos (Taunton and Wellington) (LD)]

I am extremely grateful to the Minister for throwing the kitchen sink at the problem, including court repairs. We wish to see those repairs make progress at Taunton Crown court. The Minister was good enough to write to me at the beginning of the summer to explain that the court, which has been closed since 2023, will be closed for longer. Will she contact me to give us an update on when Taunton Crown court will finally be reopened?

[Sarah Sackman]

I was glad to meet the hon. Member to discuss the situation at Taunton, which I know has been a deep source of frustration. Nothing could more exemplify the years of neglect of our justice system than our crumbling court estate that was presided over by the Conservatives. This Government are investing in the fabric of our court estate. That is not just in the bricks and mortar, but in the digital upgrades that are so important, and I will speak to those now.

We have the technology for remote hearings; we need to be deploying it. This Government will develop a pilot of virtual remand hearings, so that we do not need as many prisoner transfers as before. We will work with our judiciary to develop a new pioneering national video model. The model will allow suitable cases to be allocated to available judges across different locations. It might be that a judge in Cardiff is hearing a matter based down in London, helping to alleviate the pressures there, to make much more effective use of capacity and to target those areas facing the greatest backlogs.

We are also adopting a new national listing tool, harnessing the capacity of AI to schedule cases more efficiently. We will have case progression officers in every single Crown court, making the more complex cases progress further and faster. We are working with the judiciary to set up short trial courts, which hear similar cases together over concentrated periods so that they can be dealt with more quickly. We are also expanding a scheme already used in Manchester, Bristol and Nottingham to allow prison vans to use bus lanes. I agree entirely with those who say we need to make the system more efficient, and we are stretching and straining every sinew to do exactly that, with the investment to go with it. We welcome in particular the judiciary’s reforms to prioritise rape and serious sexual offences and to end the unacceptable practice of floating trials for such cases, giving victims greater certainty about when their case will be heard.

Lord Leveson’s review was clear that investment and modernisation can only take us so far. No single lever can fix a crisis that has been years in the making. We have had decades of under-investment in a system that has simply not kept pace with the 21st century, where cases now take twice as long as they did 25 years ago. So our third lever is pragmatic, principled structural reform to ease the pressure on the Crown court and ensure that its time is concentrated on the most serious cases, and that is precisely what the Bill delivers.

The case for reform remains as strong as ever, but good government requires us to listen, and this place exists to scrutinise and improve legislation. When concerns are raised, it is right that the Government reflect and react. When the Prime Minister took office he committed himself to looking at these proposals again, and that is why over recent months the Prime Minister, the Lord Chancellor and I have listened carefully to stakeholders, to Members on both sides of the House, and to people who work within the system. We have heard that strength of feeling, and we have acted. I can confirm today that the Government have tabled an amendment to remove clause 3, relating to the bench division. The effect will be that all defendants facing a trial in the Crown court will be heard with a jury. That decision does not change the destination or the ambition of the Bill, which has always remained the same: swifter justice for victims.

Simplifying our approach and avoiding some of the operational reforms that would have come with a new division in the Crown court gives us the opportunity to move faster in implementing the changes set out in the Bill. Implementing those changes more efficiently will free up court capacity and make better use of court time, helping us to bring about fast, fair justice for victims. We remain confident that the guts of the Bill—the package of reforms backed by the record financial investment that I have described, along with our ambitious programme of modernisation—will be sufficient to free up Crown court time to turn the tide on the backlog within the current Parliament. This is the right decision for victims, and it is the right decision for the justice system.

I know that the Opposition have tabled amendments to remove the remaining clauses relating to Lord Leveson’s review, but I am afraid that doing so would be to bury one’s head in the sand. We are proceeding with other structural reforms in the Bill, including the removal of defendants’ right to choose whether their cases are heard in the magistrates court or the Crown court when they involve an either-way offence. The reform that we have always proposed is that, as in Scotland, it should be the court rather than the defendant that triages cases. This has a double effect. Not only is it more efficient, ensuring that when the prosecution and the court decide that a case can be heard in the magistrates court, that is where it is heard; it is also fairer. It is about putting the power in the hands of the court rather than those of the defendant and giving a far greater say to victims whose voice can be heard through the prosecution, which puts its case as to what venue the case should be heard in, as well as hearing from the defence. It means that cases will be heard on the basis of their seriousness and not simply the preference of the defendant, as is the case in Scotland.

This is exactly the right thing to do. These measures will not only reduce the demand on the Crown court, but will prevent defendants from gaming the system, electing for a jury trial in the simple hope that delays will drag on and the case will fall apart when the victims or witnesses withdraw. Our reforms are not only pragmatic but principled. For instance, giving magistrates courts greater sentencing powers means that more cases can be dealt with more quickly. The magistrates court is an efficient jurisdiction. It currently deals with triable either way cases about four times faster than the Crown court.