Criminal Courts: Independent Review

Jess Brown-Fuller Excerpts

Tuesday 14th October 2025 Westminster Hall

[Jess Brown-Fuller (Chichester) (LD)]

It is a pleasure, Mr Efford, to serve under your chairmanship. I congratulate the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) on securing this vital debate, on his knowledge and expertise of this subject, and on taking the time to read 378 pages of what was a gripping read.

Justice is a key pillar of our society, yet it rarely cuts through the noise or gets splashed on the front pages of the papers in the same way that our NHS does. Nevertheless, it is so important to have a functioning justice system when we need it, either as a victim or a defendant. I am also delighted to respond to this debate as the new spokesperson for justice for the Liberal Democrats and I look forward to working closely with the Government and His Majesty’s official Opposition on something that affects us all.

Sir Brian Leveson’s report into the criminal courts has proven insightful and a concerning necessity. Some 45 recommendations were made, with a goal of clearing the court backlog and enabling cases to be dealt with more quickly, which is a desire felt across the House.

As outlined by many hon. Members in the debate, our criminal courts are at a physical and operational breaking point. They are overburdened by an ever-expanding backlog of cases to hear and undermined by the deteriorating condition of our court estate. We also risk our criminal justice system becoming just a criminal system, because justice is being denied to victims up and down the country.

The average wait for a verdict in a Crown court now stands at 22 months, while the number of cases facing a delay of more than two years increased tenfold over the course of the last Parliament. We are hearing of cases being booked as far in advance as 2029. As of June this year, there was a backlog of over 78,000 cases awaiting hearing in the Crown courts. Given that the Ministry of Justice’s own public target is to reduce that figure to 53,000 by March next year, the current position is nothing short of abysmal.

Particularly concerning in this situation is the impact that delays are having on the delivery of justice. As my noble friend Lord Marks of Henley-on-Thames has noted in the other place,

“evidence becomes less accurate with the passage of time.”—[Official Report, House of Lords, 20 March 2025; Vol. 844, c. 1427.]

Delays reduce the willingness of witnesses to give evidence, or their ability to accurately recall the events that led to the trial, or even to relive harrowing events when they are keen just to move on with their lives.

The hon. Member for Stafford (Leigh Ingham) reminded us of the human toll by sharing the story of a constituent’s waiting five years for their day in court. That is totally unacceptable for that young woman and for the family supporting her. It can also be a huge strain on the mental health of all involved, and ultimately delays erode confidence in the justice system. It has been rightly said that justice delayed is justice denied. Both victims and defendants have a fundamental right to have their cases heard in a timely and fair manner—a right that, under the present circumstances, is simply not being upheld.

At the same time, the physical infrastructure of our court system continues to falter. A recent Law Society report revealed that two thirds of solicitors have experienced delayed court hearings due to the poor state of court buildings, as was highlighted by the hon. and learned Member for Folkestone and Hythe (Tony Vaughan) and the hon. Member for Chatham and Aylesford (Tristan Osborne). The problems range from crumbling structures to outdated technology. Both contribute to the already unsustainable backlog of cases. Those cases of professionals walking away from the judicial system tell a really sorry tale, when we need them more than ever.

[Tessa Munt]

To accentuate that point in particular, as I understand it we are waiting still for the independent body to make recommendations on barristers’ fees. That was a key commitment to ending the strike which has yet to be implemented. Would my hon. Friend agree that needs to be sorted out as well as the fees for expert witnesses, who will not work to legal aid rates? Both of those contribute to delays and to the fraying of the legal structure when people walk away, as she says.

[Jess Brown-Fuller]

I thank my hon. Friend for that intervention. It is really important to put that on record as something that also needs to be addressed, and all of those elements that contribute to exacerbating backlogs and professionals walking away from their service.

Types of and methods for presenting evidence have developed massively with new technology, but our courts have somehow served as time capsules and not kept up with innovation. The growing backlog in our criminal courts is also directly exacerbating the crisis of prison overcrowding. Remand populations continue to rise, now accounting for over one fifth of the entire prison population. That is not sustainable and nor is it just. The right hon. and learned Member for Kenilworth and Southam made a very valid point that while people on remand are in prison awaiting trial, they are not having the rehabilitative programmes that could prevent them from reoffending.

We need to be clear where the fault for this lies. Years of poor governance have led to chronic under-investment in and neglect of our nation’s courts and justice infrastructure. The fact that one of the Labour Government’s first actions last year was to implement an emergency early release scheme to create space in our prisons is something that those on the Conservative Benches should apologise for. They ignored the crisis for far too long and left it for the incoming Government to clear up. It was under them that the backlog ballooned, that busy Crown courts such as the one in my constituency of Chichester were closed, and that staff shortages persisted.

The hole that our justice system is in is a deep and worrying one. It is therefore right that an independent, innovative and external review into the system by the well-respected Brian Leveson was commissioned. The first half of the report has provided some interesting ideas to address many of the issues outlined, and it will certainly create debate on what can be done. Responding to the headline suggestions—I am not going to cover all 45—about the Crown court bench division and reductions in trial by jury, the Liberal Democrats are deeply concerned by any impingement on the right of individuals to face trial by jury in a Crown court. That right is a cornerstone of the judicial process which, as has been set out in a number of reports, has been proven to be non-discriminatory and multiracial. That diversity cannot be guaranteed if trials are increasingly presided over by judges alone.

The Government’s efforts to implement the necessary reforms to the courts system to address the untenable backlog should be centred on the principle of ensuring that justice is delivered fairly and without discrimination. The removal of the right of individuals to trial by jury would undermine that aim, reducing the likelihood of both victims and defendants receiving a fair hearing, and therefore should be firmly opposed. As many Members acknowledged, including the hon. Member for Bridgwater (Sir Ashley Fox), there is no robust argument that the removal of trial by jury would make a significant difference to the backlog. I wait to be convinced, if the Government decide to take that recommendation on board. That is not to say that the issues surrounding the processes of trial by jury should not be addressed.

As outlined in the Leveson report, the increasing length and complexity of trials is having a serious financial and mental impact on jurors. However, that must not be utilised as an argument to undermine the right to a fair trial. Instead, jurors must receive financial support and appropriate wellbeing services throughout proceedings. I have been contacted by many constituents who were keen to play their part in the justice system and do their jury service, but the financial burden, especially for those who were self-employed, had a huge impact on their livelihoods.

Liberal Democrats are also concerned about the potential impact of the proposed Crown court bench division on the workload of magistrates who would be drawn in to operate those courts. Attempts to mitigate the severe backlog in the Crown courts that exacerbate the backlog in the magistrates courts are clearly an undesirable outcome. The Magistrates Association states that implementing the recommendations would require an increase in the number of magistrates required. The creation of an intermediate court would therefore jeopardise magistrates’ current ability to deliver swift justice. That is particularly concerning for survivors of domestic abuse who already face distressing delays.

[Tony Vaughan]

As the hon. Lady seems to oppose a lot of the meat of the reforms, is there one that she can support to reduce the pressures on the system? That is a fundamental task that we all agree needs to be addressed.

[Jess Brown-Fuller]

I have picked out the main recommendations in the report that I cannot agree with. There are 45 recommendations in the Leveson report and some of them could go some way, but removing the key pillar of our justice system by removing the right to trial by jury is something that I cannot support.

[Ayoub Khan]

The Sentencing Council was headed by the late Lord Justice William Davis, who was a recorder at my local court in Birmingham. He made reference to the sentencing guidelines and the disparity in sentences highlighted in the probation report. We know that sentences were passed by judges. Given that judges have passed sentences that were disproportionate for certain communities, does the hon. Member agree that that is one of the reasons we must ensure jury trials remain?

[Jess Brown-Fuller]

I absolutely agree with the hon. Member. I will bring my remarks to a close. Unfortunately I have not had the opportunity to ask the Minister my questions, but I will get back to her on a suitable occasion.