Jury Trials

Jake Richards Excerpts

Wednesday 7th January 2026 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

It will be quite tough to follow that, but here we go.

This has been a very useful debate. Every single contribution, including those from Conservative colleagues, has commented on the crisis in our courts that we inherited from the Conservatives after 14 years. We have heard some suggestions; the gist of the suggestions from the Conservative and Liberal Democrat Opposition is, “Let us get more court sitting days.” Would it not have helped if the Conservatives had not closed half of the magistrates courts in England and Wales? Across the entire estate, they sold off more than 40% of all court buildings for far less than they were worth to the communities they served.

As a result of the Conservatives’ vandalism of our court system, there are nearly 80,000 cases waiting to be heard and that number will continue to rise beyond 100,000 without investment, efficiency savings and structural modernisation. Let us be clear: this Government will bring forward a modernisation package that will drag the criminal justice system into the 21st century, ensuring that justice is done fairly and swiftly, that our system meets the challenges that modern criminal cases bring, and that we never again reach a point at which the public’s faith in the criminal justice system is so severely undermined.

The House has heard today a clear and compelling case from my hon. and learned Friend the Courts Minister, who set out the bold but sensible reform we need, bringing down the backlog by the end of the Parliament. It is rooted in evidence, grounded in reality and driven by a simple objective: to fix a criminal court system under unprecedented strain and put it on a sustainable footing for the future.

[Dr Luke Evans]

When the Courts Minister closed her statement, the principle was not about the backlog: she said that she would have gone ahead with scrapping juries to this extent regardless of the backlog. Will the Minister clarify the Government’s position? Is it a principled position or is it about dealing with the administrative burden?

[Jake Richards]

We absolutely have to drag the criminal justice system into the 21st century by modernising its structures, but the context in which we operate clearly has an effect on that programme. The fact that we have inherited an unprecedented backlog in our criminal court system affects the urgency and radicalism of that reform.

Let me take this opportunity to pay particular tribute to Sir Brian Leveson, who is no shield. His independent review has driven the reforms that we are taking forward; it is rigorous, thoughtful and absolutely clear about the scale of the challenge before us. Let us be very straight: the reforms being proposed, which will be set out in due course before this House, are not plucked out of thin air but the result of intensive, careful work undertaken by the most senior lawyers, academics and members of the judiciary. The modernisation programme will be built on evidence. These are difficult decisions and no doubt uncomfortable for some in the legal profession, but they are absolutely vital for a properly functioning and robust system that we can be proud of to take into the future.

Let me bust some of the myths that we have heard in the debate. Some right hon. and hon. Members have suggested that these changes tear up a historical right to a jury trial. Let me be abundantly clear that they do not. Article 40 of Magna Carta reminds us that we must not

“deny, or delay right or justice”,

giving us the old adage that justice delayed is justice denied. Sadly, in this country today, justice delayed has become justice denied for far too many victims. The Government will not cling to mythological tradition at the expense of fairness, effectiveness and public confidence. We will rise to meet the challenge of the day, rather than living in the past.

I have heard on countless occasions the assertion that this Government are scrapping jury trials. That is not true. Everyone has and will always have the right to a fair trial, as my hon. Friend the Member for Derby North (Catherine Atkinson) made clear in her compelling speech. There has never been an inalienable or unqualified right to a trial by jury.

Let us set out the maths in some detail, because this is very important. Currently, 10% of all criminal cases are subject to jury trial. Some 7% of those are pleas, where there is no trial, so just 3% are subject to a jury trial. The reforms before the House would reduce that number to just 1.5%. These are modest reforms affecting a small proportion of the criminal cases in our country.

[Chris Hinchliff (North East Hertfordshire) (Lab)]

I have great respect for what the Minister is saying, but I and many others on the Labour Benches still have questions. Will he agree to meet those of us who think, for example, that the proposals from the Criminal Bar Association deserve closer scrutiny, so that we can discuss those proposals in further detail?

[Jake Richards]

As ever, I am happy to meet my hon. Friend to discuss this or many of the other issues he raises in the House.

Let us be very clear that, as my hon. Friend the Member for Colchester (Pam Cox) has set out, this is a modest change to jury trials—something that has happened throughout our history. The Opposition were reminded by my hon. Friend the Member for Cramlington and Killingworth (Emma Foody) that their party has made modest changes to jury trials in the past. It was Margaret Thatcher, one of the shadow Justice Secretary’s various political heroes, who reclassified crimes including taking a motor vehicle without authority and who raised the threshold for criminal damage. Those became summary-only offences in 1988—they were not subject to juries at all. I wonder whether Conservative Members consider Mrs Thatcher to have torn up the Magna Carta or undertaken constitutional vandalism. It is a rhetorical device that Rumpole would be proud of.

We have heard today about what more we could be doing, but let us set out what we are doing. This Government are investing at record levels; this year alone, we have allocated over 100,000 Crown court sitting days—the highest number ever and 5,000 more than the previous Government. I remind the House again that in 2019, the previous Government cut Crown court sitting days by almost 15%—that is their record and their legacy, but Conservative Members did not mention any of that in their speeches today. The Government have committed £34 million a year for criminal legal aid advocates and £92 million a year for criminal legal aid solicitors, in recognition of their vital role in the justice system and to fix the problems caused by the previous Government’s mismanagement. We are also looking at match-funded criminal barrister pupillages, with a clear focus on opening up the criminal Bar to more talented young people from every background.

[Ayoub Khan]

The Minister tells the House that an insignificant number of cases will be impacted. If that is true, what is the point? I am sure he has heard the adage that justice must not only be done, but be seen to be done. It can only been done through jury trials.

[Jake Richards]

It is a small number of cases, but they take an inordinate amount of time. That is the whole point of what Sir Brian Leveson has put forward, and in due course, when this legislation comes before the House and the impact assessments are put before it, the hon. Gentleman will be able to see that for himself.

Others have argued that investment alone, or ironing out inefficiencies, would be enough to deal with the record and rising caseload. We have heard about the problems with getting prisoners to court and about the buildings left with leaking roofs after 14 years of austerity. We are going to fix those too, but Sir Brian Leveson could not have been clearer that that will not be sufficient. Even with record investment, the Crown court caseload is projected to exceed 116,000 by 2029. The demand is simply too great, which is why we are driving forward a full programme of modernisation.

[Tom Gordon (Harrogate and Knaresborough) (LD)]

Will the Minister give way?

[Jake Richards]

I will give way on that point, and then I will make progress.

[Tom Gordon]

The Minister talks about record demand and the pressure on court services. Is he able to outline what assessment has been made of the increase in pressure on the court system as a result of cracking down on the right to protest in legitimate cases?

[Jake Richards]

We treat all cases the same. The hon. Gentleman can make that point in a debate on that subject at another time.

Let me end where I began. The crisis that this Government inherited has no doubt given rise to a heightened need to deliver a more modern, resilient and flexible model of criminal justice: one that protects what is fundamental—such as jury trials for the most serious offences—but is bold enough to change where change is needed so that it truly serves victims, commands public confidence and is fit for the realities of the 21st century. These changes will provide long-term, stable foundations for the criminal courts system and prevent the caseload from ever again reaching its current levels. That should be our focus—not a narrow debate on the merits of tradition versus the challenges of the day, or preserving a system that so clearly no longer works for the British people.

Question put (Standing Order No. 31(2)), That the original words stand part of the Question.