Jury Trials

Debate between Jess Brown-Fuller and Andrew Murrison

Wednesday 7th January 2026 Commons Chamber

[Jess Brown-Fuller]

My hon. Friend makes an excellent point, and I will come later in my contribution to the inefficiencies within the system.

[Dr Murrison]

Will the hon. Lady give way?

[Jess Brown-Fuller]

I will make some progress, if the right hon. Gentleman does not mind.

The Government claim that this decision has stemmed from the review undertaken by Sir Brian Leveson, the first part of which was published last year. The objective behind the review commissioned by this Government was rightly to find solutions to the overwhelming backlog, and Leveson’s original suggestion was the creation of a Crown court bench division, including a judge and two magistrates, which was modelled to reduce trial length by 20%. The Government, however, have gone further than Leveson recommended, meaning that those accused of crimes with likely sentences of less than three years will, for the most part, not be heard by a jury. New so-called swift courts will be created where just one judge hears cases. The efficiency savings quoted by the Government are the same figures suggested by Leveson under his Crown court bench division model, but the modelling has, like this entire proposal, been widely criticised for lacking transparent data behind the calculations.

[Jess Brown-Fuller]

I thank my hon. Friend, who is also a member of the Justice Committee, for her important point that Leveson did not make this proposal at all. He was talking about a separate division, which the Deputy Prime Minister has announced as a swift court. He has ignored the impact of having two laypeople as magistrates as part of that. It does not make any sense to me, and it does not make sense to many people in this Chamber.

[Dr Murrison]

Does the hon. Lady share my dismay that not only did the Minister admit in her closing remarks that her plans are ideological, not practical or expedient, but also that she spent 30 minutes without talking about the central issue, which is that the majority of cases listed in our courts crack on day one, meaning that the courts are there, but nobody is working within them? That is what needs to be sorted out, rather than this maladroit plan to reduce liberties that we have enjoyed for 800 years.

[Jess Brown-Fuller]

The right hon. Gentleman pre-empts what I will go on to say in my speech. We are yet to see an impact assessment. That was spoken about by the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick). It is also mentioned in the amendment tabled by the Government. We need to see the modelling and the impact assessment, and understand where these savings are coming from. Even if the figures are accurate, they avoid the glaringly obvious fact that they are measured against a completely inefficient system. The system is fundamentally not undermined by jury trials, but instead plagued by years of under-investment, creating an ever-growing list of unaddressed issues across the system. The Government seem willing to ignore that fact, despite it being present in every piece of discourse surrounding their proposals. They have bought a car that will not run, and they have decided to spend all their time and money on a new paint job before opening the bonnet.

This proposal is utterly shameful, fundamentally because there are alternatives, despite the narrative that the Government are advancing. They do not have to attack jury trials, especially when their own Ministers and their own Prime Minister have been fierce advocates of jury trials in the past. Instead, they should be looking at the real issues within the system that have led us to this point. Chief among them is the productivity decline that our criminal courts have experienced since 2016. Wasted time in and around courts is caused by a wide range of issues, all of which are being ignored by the Ministry of Justice. It means that the Government’s increased investment is being used inefficiently. It also means that many of these issues will persist, even if their attack on jury trials leads to reductions in trial length.

The solutions are out there, and the majority of legal professionals opposing the Government’s reforms are overflowing with practical suggestions, but the Government are not listening, so today I will lay some of them out. First, there must be investment in the courts estate, not only to reopen the hundreds of courts closed under the Conservatives—including my court in Chichester—but to properly maintain those that remain open. Evidence of leaking roofs, foul smells and flooded rooms across the estate is hardly indicative of a properly functioning justice system, and that must be addressed. Trials being abandoned because the heating is not working or there is no running water is unacceptable for those victims.

Even at the roughest of estimates, the restriction of jury trials will at best save 9,000 sitting days in court a year. That is based on not being able to see an impact assessment. The Government could increase the number of sitting days up to the possible 130,000, which would far exceed the apparent savings they would gain from the removal of trials. The concept of a restriction on sitting days is artificial. If there is a case, a courtroom, a defendant on remand and court staff ready to go, the case should be heard.