Courts and Tribunals Bill (Second sitting)

Debate between John Slinger and Paul Kohler

Committee stage
Wednesday 25th March 2026 Public Bill Committees

[Mr Kohler]

I would like to hear your view.

Clement Goldstone: Because of the involvement of the public and the right of the person to be tried by his or her peers—but something has to give. We are in a situation where something has to change. In fact, a lot of things have to change, because the restriction on the right to jury trial will not work alone, and let nobody think that it will. Someone used the expression, “It’s not a pick and mix”; it is part of a much bigger picture. On the point that you suggested, which Sir Alan Moses had raised, not a Crown court centre in the country of any substance does not already have in existence precisely that procedure of trying to force into the list those cases that have any prospect of—for want of a better phrase—cracking, whether by way of the prosecution offering no evidence or by way of the defendant pleading guilty.

[John Slinger]

Q Sir Richard, you spoke of the importance of correcting the misconception that some have that we are scrapping, or doing away with, jury trials in the round, per se. Do you agree that another misconception or myth that needs to be challenged is that there is an ultimate right to a trial by jury? I ask you to comment on the House of Lords Library note citing Anthony Arlidge and Lord Judge writing about such myths: “It”—Magna Carta, that is—

“did not immediately give us trial by jury, although when jury trial did evolve it came to be regarded as based on the Charter’s guarantee of trial by one’s peers. It did not offer sweeping statements about personal freedoms or human rights or fair trials and, in fact, for the most part did not establish general rights, but rather created or recognised privileges.”

Therefore, as we debate this matter, we ought to bear those points in mind. Do you agree?

Sir Richard Henriques: I agree with those observations without reservation. I think I speak for all of us present: given no backlog, we would not be here at all. We are concerned about this being shameful—a word I used in The Times, I think, in March 2020, and it was shameful then. On trial by jury, I have spent my whole professional life in the presence of juries, save in the very early days—