Courts and Tribunals Bill Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

Courts and Tribunals Bill

Imran Hussain Excerpts
Tuesday 10th March 2026

(1 day, 7 hours ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
David Lammy Portrait Mr Lammy
- Hansard - - - Excerpts

My hon. Friend probably has more lived experience of the criminal justice system than many others in this Chamber. She has been a doughty campaigner on issues for ethnic minorities across our country for many years. I can give her that reassurance, and I will come to that point a little later in my speech. It is right that there will be a review, so that we understand exactly how our reforms—and, indeed, our criminal justice system in a deeper and better way—are affecting ethnic minority populations. I hope that she will engage in the ambit, scope and direction of that review.

Imran Hussain Portrait Imran Hussain (Bradford East) (Lab)
- Hansard - -

My right hon. Friend is right to set out the importance of jury trials as a cornerstone of our democracy and justice system. They are in place for a very good reason. In the Lammy review, he previously emphasised the importance of jury trials and, in particular, the disproportionate impact on BAME communities. What has changed?

David Lammy Portrait Mr Lammy
- Hansard - - - Excerpts

I know that when my hon. Friend is upset, his baritone deepens—it was not quite as deep today as it has been on other occasions. He will know that I take very seriously the review I did. I will say more about disparities in a moment, but if we look at that review, we see that it was clear that there is tremendous public trust in our juries. When I was asked by David Cameron to do the review, there was concern in some towns and cities and among some ethnic minority populations about situations where they perceived they had an all-white jury. They asked whether it was still fair. Broadly, it was found to still be fair, and there was no evidence that there were unfair trials in our magistrates courts, which do 90% of the work, or if a single judge is sitting on their own. For the reasons that I gave to my hon. Friend the Member for Bradford West (Naz Shah), it is right that we review how the system is working and fully understand how these changes will affect the system.

--- Later in debate ---
Imran Hussain Portrait Imran Hussain (Bradford East) (Lab)
- View Speech - Hansard - -

I draw the attention of the House to my entry in the Register of Members’ Financial Interests: I am a member of the Bar.

I rise to oppose the plan to curtail jury trials, because restricting jury trials is wrong in principle and wrong in practice. Trial by jury is not some quaint tradition that we can trade away when Ministers feel the pressure. As has been said, it is one of the great democratic safeguards in our justice system; it allows ordinary citizens to be judged by their peers and the power of the state to be held in check. It is dangerous to challenge that principle, because there is a reason for it: the balance between the state and the citizen. History teaches us that changing that balance in favour of the state is a dangerous road to go down. The power that we are giving the state is not simply the power for it to issue a fine; we are talking about people losing their liberty.

Catherine Atkinson Portrait Catherine Atkinson
- Hansard - - - Excerpts

I, too, am a passionate believer in the jury system, but Sweden—which is No. 1 in the World Justice Project’s global rankings—does not use jury trials at all, and neither do Norway, Germany or the Netherlands. In France, Denmark and Canada, only the most serious cases are dealt with by juries. My hon. Friend is not suggesting that those countries do not have liberty, is he?

Imran Hussain Portrait Imran Hussain
- Hansard - -

What I am saying is that there is a reason that we protect this liberty—this cornerstone of our system of justice and democracy. When we see this much of a change in state power, I will tell my hon. Friend who is at the receiving end first: it is black, Asian and minority ethnic communities, working-class communities, elderly communities and women who are disproportionately impacted.

Warinder Juss Portrait Warinder Juss
- Hansard - - - Excerpts

Does my hon. Friend agree that the restriction of jury trials in some cases is just one among a whole range of measures, and that in order to protect really vulnerable victims—for example, rape victims, who will have a jury trial—we need to make the process quicker? That necessarily means that, for some other cases, the decision to take away juries is a measure to protect the most vulnerable.

Imran Hussain Portrait Imran Hussain
- Hansard - -

These are not competing interests. I thank all hon. Members who have made brave and passionate speeches today—I salute their courage. Of course we want to see justice delivered to victims as soon as possible, but there is not a shred of evidence that suggests that curtailing jury trials will do that. My hon. Friend the Member for Walthamstow (Ms Creasy) addressed that point with great passion.

Let us be clear about what the proposals mean in practice. The Government are suggesting that people could face lengthy prison sentences following judge-only processes in a new category of so-called swift courts. Frankly, that should send a chill through every democrat in this country. Ministers claim that this is about efficiency, but no argument has been put forward in this debate to support that. Restricting jury trials would deliver only limited time savings in the Crown court system—hon. Members have made that case time and again today.

The core point is that undermining fundamental rights will not fix a backlog caused by years of under-investment, court closures, reduced capacity and a criminal justice system stretched to breaking point. Ministers have published impact assessments, but they have still not shown that curtailing jury trials will meaningfully solve a backlog caused by years of under-resourcing.

Jonathan Davies Portrait Jonathan Davies
- Hansard - - - Excerpts

My hon. Friend is generous in giving way. He is making important points about potential overreach of the state. Might I suggest that this is not the end for the Bill and that if there are concerns—people are rightly raising issues—we can progress them in Committee and at subsequent stages to ensure that the Bill is where it needs to be to retain public trust.

Imran Hussain Portrait Imran Hussain
- Hansard - -

I will come to that point. I note, Madam Deputy Speaker, that I did not get an extra minute for taking an intervention—will I get one?

Imran Hussain Portrait Imran Hussain
- Hansard - -

Okay. Perhaps I have been too generous with my time.

The real fear is that these changes will not simply speed things up but change how justice is done. In the limited time I have—it is a tragedy that I have only three minutes to speak in a debate of this magnitude, amending cornerstones of our democracy—I ask the Justice Secretary to take advice from the Member he was a number of years ago, when he made some of the most powerful arguments for the jury system. I ask him to look back at his old self.