Courts and Tribunals Bill

Joy Morrissey Excerpts

Tuesday 10th March 2026 Commons Chamber

[Mr Lammy]

We are piloting the national listing scheme at Isleworth Crown court. I refer the hon. Lady to my speech setting out what we are doing in relation to part 2 of Sir Brian Leveson’s review. She is absolutely right: we have to address all of the problem. Sir Brian was absolutely clear that we need investment, that we have to deal with the inefficiencies that the hon. Lady has talked about, and that we have to modernise our courts, but we also need reform. Look at the tables and graphs that the Institute for Government has corroborated today. If we are to see the backlog fall by the next election, we have to do all three things, not just cherry-pick.

[Joy Morrissey (Beaconsfield) (Con)]

Will the Lord Chancellor give way?

[Mr Lammy]

I will not, given what has just been said by Madam Deputy Speaker.

The Bill will remove the ability of defendants to elect a jury trial for either-way offences. That is too often done by criminals to delay proceedings and wear down victims, preventing justice from being secured. Under our changes, the decision about where a case is heard will rest where it belongs: with a judge. It will be determined by the matter’s seriousness and suitability for jury trial, not by criminals gaming the system.

This Bill also strengthens the role of magistrates. As has been said today, magistrates’ sentencing powers are capped at 12 months, and cases that could be concluded quickly are too often pushed up to the Crown court, clogging up capacity that would be better focused on more serious crimes. We will extend magistrates’ sentencing powers to 18 months for offences that are triable either way. The Bill does not increase the maximum penalty for offences; it simply lets cases be heard by magistrates without unnecessary escalation, saving Crown court time for the most serious cases.

[Joy Morrissey]

Will the Lord Chancellor give way?

[Mr Lammy]

I will not, given what has been said by Madam Deputy Speaker. I have to make some progress.

We will also reform the appeals process from the magistrates court to the Crown court. At present, an automatic right to a full rehearing forces victims and witnesses to endure the ordeal of their case over and over again, even when there is little merit to an appeal. The Bill will introduce a new permission stage, which will allow judges to filter appeals and decide whether there are genuine points of law that require an appeal hearing. That mirrors the process for appeals from the Crown court to the Court of Appeal. To support that, we will allow audio recording in all magistrates courts for the first time, so that the record is clear and accurate, should an appeal be necessary.

Alongside reform, we are investing. There is a record £2.78 billion settlement for the coming year. That includes £287 million for vital repairs, digital upgrades and unlimited sitting days in the Crown court next year—the most ever funded in the history of our courts. We are modernising, investing in artificial intelligence and other technology, and expanding the use of video hearings to speed up justice. Working with the judiciary, we will bring in a new national listing system to end what some victims justifiably describe as a postcode lottery that has left some waiting longer than others. We will expand blitz courts to clear cases that are stuck in the system, and introduce new case co-ordinators in every Crown court to free up judges’ time.

Even with record investment and ambitious efficiencies, an unreformed justice system has a structural ceiling. That is why the third lever, reform, is essential. The projections are crystal clear: if we do nothing, we will have a backlog of 200,000 cases; if we invest and tackle the inefficiencies, as suggested by the hon. Member for Twickenham (Munira Wilson), the backlog will be 133,000; if we pull all three levers, the backlog will be 49,000. The difference is 84,000 more lives on hold. Even if we implement all our measures, the backlog will get worse before it gets better—it will rise before we begin to turn the corner, prior to the end of this Parliament. It is important to be honest with the House: because of the seriousness of the situation, we must proceed with the full, undiluted package. If we step back from or water down action on any of the three levers, victims will continue to be forgotten.

This Bill puts victims first, as well as delivering the swift justice that they deserve. It will also strengthen protections for victims in court. In response to a Law Commission recommendation, clauses 8 and 9 tighten the rules of evidence in sexual offences cases, so that information about a complainant’s past can be used only when it genuinely matters, and cannot be used to fuel myths, to make insinuations, or to humiliate victims, as has been the case. Clauses 12 to 16 strengthen and clarify the use of special measures, ensuring that victims have access to screens, live links and support, so that they can give their best evidence and, importantly, stay in the justice system and the family courts. Clause 17 repeals the presumption of parental involvement—something that many people have campaigned for. That measure was created with good intentions, but it has contributed to a culture in which contact is prioritised.