Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many and what proportion of serving magistrates are under the age of 40.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

The breakdown of magistrates in post by age bands is provided in table 3.6 of the annual official Diversity of the Judiciary statistics (https://www.gov.uk/government/statistics/diversity-of-the-judiciary-2025-statistics).

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what estimate his Department has made of the duration of hearings required to determine whether an offence is likely to attract a custodial sentence of three years or more.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

Criminal cases will continue to start in the magistrates’ court and will be sent to the Crown Court by magistrates where the seriousness or complexity of the case means it is more suitable for trial on indictment.

Post reforms, to determine whether a triable either-way case is eligible for trial in the Crown Court Bench Division, a Crown Court judge will assess whether the case is likely to attract a custodial sentence of three years or less. The process for allocations in the Crown Court will be similar to the existing approach used in the magistrates’ courts. We have full confidence in our judiciary to apply the Sentencing Guidelines appropriately when deciding the mode of trial. Eligibility for the Crown Court Bench Division will be assessed at the first opportunity a defendant has to enter a plea – normally the plea and trial preparation hearing where the judge will consider mode of trial among other case management factors to ensure the case is ready for trial.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, which (a) court and (b) judicial body will determine whether an offence is likely to attract a custodial sentence of three years or more for the purposes of allocating the mode of trial.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

Criminal cases will continue to start in the magistrates’ court and will be sent to the Crown Court by magistrates where the seriousness or complexity of the case means it is more suitable for trial on indictment.

Post reforms, to determine whether a triable either-way case is eligible for trial in the Crown Court Bench Division, a Crown Court judge will assess whether the case is likely to attract a custodial sentence of three years or less. The process for allocations in the Crown Court will be similar to the existing approach used in the magistrates’ courts. We have full confidence in our judiciary to apply the Sentencing Guidelines appropriately when deciding the mode of trial. Eligibility for the Crown Court Bench Division will be assessed at the first opportunity a defendant has to enter a plea – normally the plea and trial preparation hearing where the judge will consider mode of trial among other case management factors to ensure the case is ready for trial.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he plans to introduce a sunset clause for proposals to limit jury trials.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

There has been no major reform of the criminal courts since the establishment of the Crown Court in 1971, despite Lord Auld making similar recommendations to Sir Brian Leveson in 2001.

Sir Brian’s report found that jury trials are taking twice as long as they were in 2000 - one of the reasons is increased complexity in modern cases, the density of evidence deployed to establish them, and the increased efforts made to provide support and guidance to jurors.

We are working within a system built for a different age and even with record investment, the Crown Court caseload will continue to rise. We need generational structural reform, investment, and modernisation.

Everyone has, and will always have, the right to a fair trial. But there is no right to trial by jury in England and Wales and the vast majority of criminal trials in this country are conducted – fairly, without a jury – in the magistrates’ courts. Jury trials will nevertheless remain for the most serious cases - these reforms are designed to ensure a more proportionate use of overall resource in our criminal courts to ensure we are best serving the needs of both victims and defendants, to deliver better, swifter outcomes.

There is no quick fix - it will take time to tackle an issue which has been years in the making, but we must act before the caseload becomes irretrievable. There are no plans to introduce sunset clauses for all proposals.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what estimate his Department has made of the time required for a single judge to prepare written judgments in criminal cases tried without a jury.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

Post-reforms, any judge sitting alone in the Crown Court will give a reasoned judgment for their verdict in open court. This will increase transparency over how decisions to convict or acquit are reached as juries do not currently give reasons for their judgments.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what his planned timetable is for Crown Court judges to produce written judgments in cases tried by a single judge sitting alone.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

Post-reforms, any judge sitting alone in the Crown Court will give a reasoned judgment for their verdict in open court. This will increase transparency over how decisions to convict or acquit are reached as juries do not currently give reasons for their judgments.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, when he plans to publish the modelling and impact assessment relating to proposals to limit the use of jury trials.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

An impact assessment will accompany our legislative measures, as is usual practice.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many Crown Court courtrooms are not sitting on average in each month, and what steps he is taking to address the issue of Crown Courts not sitting.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

HMCTS’s priority is to ensure all funded sitting days are fully utilised each financial year through active courtroom management. Last year we sat 107,771 Crown court sitting days, representing over 99% of our allocation, and we remain on track to deliver all allocated days this year. While I acknowledge existing challenges in relation to the maintenance of the court estate, this Government is increasing investment to address this - £148.5 million was allocated to court and tribunal maintenance and project funding this financial year, £28.5 million more than the previous government funded last financial year.

Estate capacity is not the limiting factor when it comes to making full use of the available sitting days. Whether we can make full use of the physical space available depends on “system capacity” i.e. the sufficiency of judges, magistrates, legal advisors, advocates and wider system partners available to support them.

In the Crown Court for this financial year, we have allocated 111,250 sitting days -  the highest number of sitting days on record and over 5,000 more than the previous government funded for the last financial year. That is on top of an additional investment of up to £92 million per year for criminal legal aid solicitor fees and up to £34 million per year for criminal legal aid advocates. We have also secured record investment of up to £450 million per year for the courts system over the Spending Review period, alongside investing almost £150 million to modernise the court estate.

The Deputy Prime Minister and Lady Chief Justice continue discussions on allocation for 2025-26, aiming to give an unprecedented three-year certainty to the system. The Deputy Prime Minister has been clear that sitting days in the Crown and magistrates’ courts must continue to rise, and his ambition is to continue breaking records by the end of this Parliament.

The Crown Court operates from 84 buildings across England and Wales, with a core estate of over 500 courtrooms. Most are jury-enabled and suitable for trials, with the remainder supporting other judicial work, such as interlocutory hearings. The wider HMCTS estate—including magistrates’, civil, family, and tribunal rooms —can also be used for Crown Court business when required. As a result, the precise number of rooms available for Crown Court use at any given time is variable.

Temporary unavailability may arise due to maintenance, but also due to overspill from other trials, alternative judicial activities (such as, box work, civil, family and tribunals hearings, or coroner’s court work), or other legitimate uses (including meetings and video-link sessions). However, these factors do not prevent the Crown Courts from sitting at their funded allocation.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure that available Crown Court courtrooms are utilised on every sitting day.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

HMCTS’s priority is to ensure all funded sitting days are fully utilised each financial year through active courtroom management. Last year we sat 107,771 Crown court sitting days, representing over 99% of our allocation, and we remain on track to deliver all allocated days this year. While I acknowledge existing challenges in relation to the maintenance of the court estate, this Government is increasing investment to address this - £148.5 million was allocated to court and tribunal maintenance and project funding this financial year, £28.5 million more than the previous government funded last financial year.

Estate capacity is not the limiting factor when it comes to making full use of the available sitting days. Whether we can make full use of the physical space available depends on “system capacity” i.e. the sufficiency of judges, magistrates, legal advisors, advocates and wider system partners available to support them.

In the Crown Court for this financial year, we have allocated 111,250 sitting days -  the highest number of sitting days on record and over 5,000 more than the previous government funded for the last financial year. That is on top of an additional investment of up to £92 million per year for criminal legal aid solicitor fees and up to £34 million per year for criminal legal aid advocates. We have also secured record investment of up to £450 million per year for the courts system over the Spending Review period, alongside investing almost £150 million to modernise the court estate.

The Deputy Prime Minister and Lady Chief Justice continue discussions on allocation for 2025-26, aiming to give an unprecedented three-year certainty to the system. The Deputy Prime Minister has been clear that sitting days in the Crown and magistrates’ courts must continue to rise, and his ambition is to continue breaking records by the end of this Parliament.

The Crown Court operates from 84 buildings across England and Wales, with a core estate of over 500 courtrooms. Most are jury-enabled and suitable for trials, with the remainder supporting other judicial work, such as interlocutory hearings. The wider HMCTS estate—including magistrates’, civil, family, and tribunal rooms —can also be used for Crown Court business when required. As a result, the precise number of rooms available for Crown Court use at any given time is variable.

Temporary unavailability may arise due to maintenance, but also due to overspill from other trials, alternative judicial activities (such as, box work, civil, family and tribunals hearings, or coroner’s court work), or other legitimate uses (including meetings and video-link sessions). However, these factors do not prevent the Crown Courts from sitting at their funded allocation.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he plans to apply trial by a single judge sitting alone retrospectively to defendants who have already entered a plea and elected trial by jury.

Answered by Sarah Sackman - Minister of State (Ministry of Justice)

Ministers will introduce detailed proposals to Parliament as soon as parliamentary time allows.