Courts and Tribunals Bill (Fifth sitting)

Joe Robertson Excerpts

Thursday 16th April 2026 Public Bill Committees

[Yasmin Qureshi]

I understand that in some of the more simple, routine cases of two or three days, but for trials lasting eight, nine or 10 weeks, I respectfully disagree that judges can come to that judgment in just a few days, because they have to go through a whole load of evidence, comment on it and come to a decision.

[Joe Robertson (Isle of Wight East) (Con)]

The hon. Member speaks with eloquence and experience. I understand the Minister’s point: she has framed this as simply removing a choice from a defendant, as though this is a benefit that need not exist, but does the hon. Member agree with my analysis that this constitutes the removal of a right rather than a choice—the right to be tried in the Crown court, unless trial in a magistrates court is preferred?

[Yasmin Qureshi]

I do agree. It is important to remember which offences are kept in the magistrates court. There was discussion on Tuesday about burglaries and other offences making it to a magistrates court. With respect, burglaries have never been reduced to being tried in a magistrates court.

What happened was the way that motor theft offences were tried was tweaked. What used to happen is that people, particularly youngsters, would take away a car and were charged with the theft of a car, but as everybody knows, the definition of theft includes intention to permanently deprive. Those people never had the intention to permanently deprive; they were just taking the car for joyriding, and they were then going to leave it somewhere else.

That is why a new offence was introduced: it was initially called TWOC—taking without owner’s consent—and then it became TDA, or taking and driving away a motor vehicle without the consent of the owner. That offence went down to the magistrates court, because it was seen as a misdemeanour—something that a young person might do—and was not the same as giving someone a theft conviction. We had to make some changes, which were very sensible changes. Look at all the cases being dealt with in magistrates courts at the moment: any charge that goes to the issue of honesty is still either-way or indictable.