Courts and Tribunals Bill (Sixth sitting)

Debate between Kieran Mullan and Jess Brown-Fuller

Thursday 16th April 2026 Public Bill Committees

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

It is a pleasure to serve under your chairmanship, Ms Jardine. I rise to speak in support of amendment 43, tabled in my name, and to amendments 25 and 12. Again, on this issue the Opposition and the hon. Member for Bolton South and Walkden have alighted on the same challenge or issue—the same thing we think is unfair. We have gone about our amendments in different ways, but we recognise the same issue. As we heard, the amendments address the retrospectivity built into the Government’s approach.

The Bill makes it clear that the new allocation regime will apply not only to future cases, but to existing Crown court cases that are due to begin on or after the specified day on which the measures are implemented. In other words, cases that are already in the system, in which defendants may have made decisions on the basis that they expect a jury trial, could be reallocated to a judge-only trial. Our amendment 43 would prevent that by ensuring that the new regime applies only to cases in which the first magistrates court hearing takes place after the change, and not to cases already in the pipeline.

The Government say the change is merely procedural and can therefore be applied to ongoing cases, but that understates what is happening. To change the allocation part-way through proceedings would not simply be technical; it would alter the ground beneath the defendant’s feet. In written evidence, JUSTICE shared our concerns, saying:

“The retrospective application of the provisions is contrary to the rule of law.”

It pointed to the House of Lords Constitution Committee’s legislative standards, which state:

“Retrospective legislation is unacceptable other than in very exceptional circumstances”

and

“must have the strongest possible justification”.

It is worth considering that legislative guidance, which states, first, that enacting legislation with retrospective effect should be avoided. Secondly, provisions that have retrospective effect should be drafted as narrowly as possible. Thirdly, individuals should not be punished or penalised for contravening what was, at the time, a valid legal requirement. Fourthly, laws should not retrospectively interfere with obligations when the liberty or criminal liability of the citizen is at stake. Fifthly, laws should not deprive someone of the benefit of a judgment already obtained. Sixthly, laws should not prevent a court from deciding pending litigation according to its merits on the basis of the law in force at the time when proceedings were commenced. Seventhly, retrospective legislation should be used only when there is a compelling reason to do so. Eighthly, a legislative power to make a provision that has retrospective effect should be justified on the basis of necessity and not desirability.

Having heard those points, we can immediately see the issues. On the principle that laws should not retrospectively interfere with obligations when the liberty or criminal liability of the citizen is at stake, it is clear that that liberty is absolutely at stake in these matters.

On necessity, we have repeated throughout the debate that the Government, in our eyes, have completely failed to make the case successfully that the measures in the Bill are the only way to drive down the backlogs. This morning, we debated the fall in backlogs in some areas seen in the latest published data; that happened without the measures in the Bill, and without other measures that we all think are necessary to help to drive down the backlogs. To our eyes, the retrospective element clearly does not meet the test of exceptional circumstances or necessity.

JUSTICE says that, given that the curtailment of jury trials will have a marginal effect on the backlog, it cannot see how retrospective applications can be justified, and I agree. It argues that it is deeply unfair for defendants who elected for a Crown court trial in expectation of a jury to have their cases heard by a judge alone under a process that did not even exist when they made that choice. Defendants who have opted for a jury trial may be incarcerated on remand awaiting trial by jury. Had they known that this would never materialise, they may well have opted for a magistrates trial and already been released.

There is, then, a risk that the reallocation of cases that are already in the Crown court caseload to the bench division will be subjected to judicial review. There is clearly no ouster clause in the provisions. How do we know whether many of those affected might decide that they should challenge the decision in the courts? JUSTICE suggests that it could happen with each and every case in the backlog that is allocated to trial without jury. This would require additional hearings and the preparation of representatives for every affected case already in the backlog, creating further delays and placing unnecessary burdens on the defendants and the prosecution who, as we have all accepted, are already under significant pressure.

What did the Prime Minister say about retrospective measures? We have already covered what the Prime Minister previously thought about the importance of jury trials, which he seems to have forgotten, but what did he say about retrospective measures? He said that

“they are usually a very bad idea”.

That is a direct quote from our Prime Minister. He said they were usually a very bad idea, yet here is his own Government enacting one.

Of course, we know what the Deputy Prime Minister thought about this issue. He appeared before the Justice Committee on Tuesday 16 December last year. He was asked about this issue by my hon. Friend the Member for Solihull West and Shirley (Dr Shastri-Hurst), who said:

“There are currently in the region of 17,500 prisoners on remand in this country. Will these reforms apply retrospectively?”

What did the Deputy Prime Minister say? He said: “No.” The Committee must have to assume that that was his view of the right thing to do at the time. Why else would he have said no? It is reasonable for us to ask the Minister to explain why the Deputy Prime Minister has changed his mind.

Of course, the Minister herself has already been asked about this in the Justice Committee. My hon. Friend the Member for Bridgwater (Sir Ashley Fox) pointed out that a defendant committed to trial in the Crown court will expect a jury trial. He said,

“you will relook at cases that have been committed for trial at the Crown court and push some of them through the swift court—that is what you are telling me.”

The Minister replied:

“I think that is something we have to look at.”

My hon. Friend the Member for Bridgwater said to her:

“So when the Lord Chancellor said it will not be retrospective, that was not a wholly accurate answer.”

The Minister replied:

“I think the answer he was giving was in the context of a question around the impact on remand hearings; I think that was the context in which he may have addressed that.”

My hon. Friend replied:

“No, he said the changes would not be retrospective, and now you are giving me a slightly different answer. If someone elects to go to the Crown court at the moment, it is on the assumption that there will be a trial by jury. What you are saying is that it might not be; they might be diverted to the swift court.”

The Minister agreed with that, saying: “That is right, yes.” That can be interpreted only as a suggestion that there was no difference with or without a jury as they are still in the Crown court—an extraordinary response.

My hon. Friend the Member for Bridgwater said:

“Minister, if you have been committed to trial in the Crown court at the moment, you are expecting to have a jury trial, and what you are telling me is that once these changes take effect, you will divert those people committed but whose trial has not started into the swift court.”

The Minister agreed, saying: “Yes”. My hon. Friend said to her:

“That is not what the Lord Chancellor said before Christmas.”

The exchange concluded with the Minister making this point:

“It is a change in relation to the procedure that applies to those cases. They are still getting a Crown court trial under the new proposals.”

We are back to an argument that we have revisited a number of times. When the Minister is pressed on a disadvantage in one form or another of having a trial without a jury, she insists that it does not make much of a difference as they will still get a trial that, in her view, has all the merits of a trial with a jury, to some extent. We made some progress on that earlier today, when the Minister acknowledged that there is something special about a jury trial. If there is something special about it, she must surely accept that those people who do not get one are missing something special and are therefore in some way disadvantaged.

JUSTICE is not alone in its criticism of the retrospective element of the proposals. As I have said previously, Mr Robertson, the founder of the chambers that the Prime Minister, the Deputy Prime Minister and the Attorney General all practised at—someone they surely give some weight and credibility to—is critical about this. He writes:

“Those charged by police with offences currently carrying a right to elect a jury trial will go through newly devised ‘allocation proceedings’ where they will lose that right if it appears to the court to be more suitable to have a non-jury trial or if it appears to the court that the value of the property involved exceeds a sum to be set by the government.”

By that, I think he means in relation to the severity of the case.

Mr Robertson goes on:

“This means, for all 80,000 cases in the backlog, more time—days perhaps—will have to be set aside for novel pre-trial proceedings featuring arguments about suitability and value of stolen property. There will be legal challenges to the government’s proposal that such legislation should apply to defendants who have already been charged or are awaiting trial. Applying these changes retrospectively amounts to a fundamental injustice, undermining legal certainty and the long-standing principle that individuals should be tried according to the rules in place at the time of the alleged offence.”

He is right, is he not?

Mr Robertson is not alone. The Bar Council says:

“The application of this proposal retrospectively inevitably will face a constitutional challenge. The Criminal Bar Association estimates that up to 30,000 cases will be affected. Not only is this extraordinarily unfair to those who have already elected the Crown Court, understanding that it is a jury trial, it interferes with legal certainty and runs the risk of tying the courts up in appeals, further increasing the backlogs.”

I hope that the Minister can reflect, as always, on those clear views, as well as the views of thousands of other legal professionals, academics and former judges, that provisions in the Bill are not necessary to bring the backlog down, and therefore should not be enacted retrospectively. They are fundamentally unfair, unconstitutional and against the usual practices of this place when it comes to retrospective legislation. I hope the Minister will support our amendment to make sure that the measures are not applied retrospectively.

[Jess Brown-Fuller (Chichester) (LD)]

Although I have proposed the removal of clause 3 in its entirety—we will come to the arguments for that later in proceedings—I will speak to amendment 12, tabled in my name, which seeks to remove subsections (2) to (4) of the clause. Those subsections provide that cases can be assigned to be heard by a judge alone, even if the case has already been assigned to be heard in front of a jury.

--- Later in debate ---

[Dr Mullan]

I rise to speak in support of amendment 40 in my name and to consider other related amendments. At this point, we are considering in more detail the allocation decisions, how they work in practice and the likely legal risks and pitfalls inherent in the new process.

I will begin by laying out the process that will exist. The Bill will introduce a Crown court bench division where cases are tried by a judge alone. To ensure that jury trials remain in place for certain crimes, only triable either-way cases that are assessed as likely to receive a custodial sentence of three years or less will be allocated for trial in a bench division. Indictable-only offences cannot be tried there.

To determine whether a triable either-way case should be allocated for trial in a Crown court bench division, a Crown court judge will assess whether the offence or offences to be tried are likely to attract a custodial sentence of three years or less. That decision will be taken at the first opportunity for the defendant to enter a plea in the Crown court using a plea and trial preparation hearing. If cases involve multiple defendants, judges must assess eligibility based on the highest likely sentence of any one defendant. Offences to which defendants have pled guilty are not included in the assessment of a likely sentence, and youth defendants are not exempt from the bench division.

The bench division will operate as a lower tier in the existing Crown court—that is important. The Bill will not create a separate jurisdiction or intermediate court. The usual Crown court procedures will apply in the bench division, including the appeal route from the Crown court to the Court of Appeal. Judges sitting in the bench division will also retain the full sentencing powers of the Crown court and may impose sentences of more than three years where appropriate, even if the allocation was initially based on the likelihood that they would not do that.

The Bill and explanatory notes are clear that no new appeal route is created for decisions to allocate a case to the bench division. It is important to set out the distinctions between different types of allocation decisions both now and in the future, if these proposals are passed. There are some elements of allocation decisions at present that we would all agree are not subjective, but based on offence classifications. I may be wrong, but I do not imagine there remains much debate about allocation decisions in those scenarios. Summary and indictable-only offences will be heard in the magistrates court or the Crown court based on that classification, though there are some exceptions that I will ask the Minister to clarify later.

Under the Government’s proposed reforms, there are similar black and white scenarios, with summary-only remaining with the magistrates and indictable-only going before a judge and jury. However, we will continue to have decisions on either-way offences, which consider the subjective—the not black and white—consideration of what the likely sentence length is. The consequences for defendants are entirely new territory for criminal defendants for the offences concerned.

Of course, defendants may disagree with allocation decisions at present, and may want to stay in the magistrates court, but the court may decide that they must be heard in the Crown court. However, importantly, as I understand it, a defendant cannot actually legally challenge that decision through judicial review. I am not a legal expert, and if the Minister receives advice that that is wrong, I would welcome that clarification, but as I said, my understanding is that judicial review would not be possible in that scenario. I also understand that it would not be the case in relation to the Crown court where the allocation would take place. Importantly, as I pointed out at the start, this will be taken in the Crown court, not some new or different court, so we should read across the rights and procedures that already exist in the Crown court.

As I understand it, triable either-way offences, if heard in the Crown court, are then in legal terms considered to be a trial on indictment. If a triable either-way offence is tried in the Crown court, it becomes a trial on indictment as if it were an indictable offence as per the other offences that are always indictable. Again, I am happy for the Minister to say whether that is the case, but that is my understanding of it.

Why is it important? Because there are constraints on the use of judicial review in relation to a Crown court trial on indictment. Under sections 28 and 29(3) of the Senior Courts Act 1981, no appeal by way of case stated or judicial review is possible in respect of matters relating to trial on indictment, so it will not be available with regard to any decision relating to the conduct of a Crown court trial on indictment. These measures, in this important way, are specifically taking away an existing legal right: the right to challenge an allocation decision. That cannot be right, fair or reasonable, and I am not even confident, as it is not mentioned, that I have seen in any of the Government publications related to this that it is something the Government have recognised they are doing.

It is also potentially a mistake in another way: in relation to the efficiency and smooth running of the courts that the Minister is seeking to achieve. At conviction, the defendant can apply for leave to appeal in the Crown court. At that stage, is the proposal that the defendant will be prevented from appealing the allocation by the judge, so a defendant might argue that a judge could act unlawfully on allocation with no appeal safeguard?

I have not had my attention drawn to an ouster clause. More generally, there is the provision that there is no specific appeal to the decision in isolation, but not an ouster clause in terms of the appeals that are allowed in the Crown court. I am confident that there will be legal arguments about that, at least to start with, until common law settles the matter. It would be extraordinary for the Government to introduce such a clause. We might find examples where a judge in the Crown court has completely incorrectly and legally unjustifiably allocated a case, and when that is brought up as part of the appeal at the point of conviction, be told that that is not a matter on which the court can have an opinion. I think that would be extraordinary.

Does the Minister think it would be right, if it forms the basis of an appeal against allocation happening after conviction, for the Court of Appeal to be constrained from having the power to return the case for trial by jury if it agrees the allocation decision was unlawful? I cannot believe that she would think that was right. Therefore, we create the exact opposite effect of what we are seeking to do—to make the best possible use of Crown court time—particularly in relation to barristers and other people working across the courts, by not allowing an earlier appeal. That is with regard to both appeals that take place and, more importantly, where a whole new trial may have to be ordered before a jury because it is found that the initial allocation decision was wrong.

Consider the scale on which that may happen—hundreds of cases may suddenly have to be retried. If, for example, the measures are in place for seven, eight or nine months, there is no onus or expectation regarding at what point a defendant—a convicted criminal at that point—might seek legal advice and then successfully choose to challenge an allocation decision. That would then be heard by a court, and then that court of appeal will make a ruling as to whether the circumstances under which that person was allocated were unlawful and a retrial with a jury is required.

If any other case has been allocated under those same circumstances that the appeal court determines are unlawful, every single one of those who had been convicted would have the right to say that the precedent has been set that the way they were allocated was unlawful and has to be retried. That could happen six months, a year or two years in. We are talking about a huge potential reallocation and retrial of all cases if the Minister insists that there should not be an appeal on the right of the allocation decision.

A separate initial safeguard—an appeal against allocation at the stage that it happens—is not only the right thing to do to ensure that an existing right is not eroded, but the more efficient way to approach these things. The amendment is sensible, rational and will provide greater confidence in the new court that the Minister is insisting on creating, and its processes.

I ask the Minister to clarify an important matter of law in relation to the allocation decisions in the first place—just the sort of thing that might be appealed if it is not clarified by the Minister during the passage of the Bill or through amendments to the legislation. We are clear about the idea of summary offences that go to the magistrates court. Indictable-only offences will have a trial with a judge and jury. In a number of cases, however, the offence is triable either way, but provisions that this House has introduced mean that in particular circumstances it can be tried only on indictment.

Some examples of that are three-strikes class-A drug trafficking offences, three-strikes dwelling burglary offences, dwelling burglaries involving violence or threats of violence, and the minimum mandatory sentences for firearms offences. Those were decisions taken by Parliament to say that, while the offence more generally could be tried either way, these cases in those circumstances are too serious to be heard by a magistrates court; they must be heard by a judge and a jury.

What are the consequences of the Bill on those scenarios? Will the Government respect the will of Parliament in relation to considering those cases to be more serious, as the Government accept for those cases that retain a jury trial, and that they should therefore remain with a jury trial? It is important that we have clarity on this issue specifically because, as I said, it is something that would almost certainly be subject to appeal if clarity is not provided.

I finish by reiterating the point that, if the Government refuse to accept our amendment, they will be actively legislating away a right to appeal allocation decisions that currently exists in our system. They will be actively choosing to do that if they are unable to insert a similar right through other means, such as through our amendment or an amendment at a future stage. I think it is important that the Committee reflects on that, and I hope the Minister can agree.

[Jess Brown-Fuller]

I will speak to amendment 18, tabled in my name, which seeks to ensure that a defendant has the right to appeal against a judge’s decision to allocate a case for trial by judge alone, whether because of the likely sentence length or because the case is assessed to be complex or lengthy. I will also be supporting amendment 40, tabled in the name of the shadow Minister, and amendment 28, tabled in the name of the hon. Member for Bolton South and Walkden.

As stated, triable either-way offences, with potential sentences of up to three years, could be tried in the new Crown court bench division swift court. I argue that cases where a defendant may receive a sentence of up to three years are not minor offences; we are talking about life-changing sentences. Often in this category, we are talking about possession with intent to supply, actual bodily harm, death by careless driving, or section 20 unlawful wounding or grievous bodily harm, including where there is a grave injury. We must safeguard those sorts of cases against rough justice—an issue that much of the legal profession has warned could arise. It is vital that the Government provide an appeal system against decisions on whether to allocate a case for trial in front of a judge or jury.

I would like some clarification from the Minister: when we talk about summary offences, indictable offences and then triable either-way offences, are the measures being introduced in this Bill removing the concept of triable either-way offences? Are we then moving all those categories of offences into what are described as summary offences—these offences that carry long, life-changing sentences?

Briefly, amendment 28 would add a procedural requirement, but it is an important one because it would mean that the court could not simply decide, on the papers, to move a case to a judge-only trial; both parties would have to have first been given the opportunity to argue the point at a hearing, and only if both sides expressly gave up that right could the court proceed without one.

That goes back to the point that I raised earlier about the Canadian model, which I know the Government have been exploring and have spent time in Canada looking at. There, people have the right to elect a judge-only trial, so there is still an element of choosing what that looks like. That is not what this Government are proposing; they are proposing that there be no choice in the system, and that there be no legal precedent for it. I would appreciate the Minister’s answer to that.

Courts and Tribunals Bill (Fourth sitting)

Debate between Kieran Mullan and Jess Brown-Fuller

Tuesday 14th April 2026 Public Bill Committees

[Jess Brown-Fuller]

Does the shadow Minister agree that to try to compare the CPS with, for example, the Criminal Bar Association is nonsense because the CPS is a non-ministerial Department? As the hon. Member has pointed out, the policy position is to agree with structural reform because they know that the system is broken. None of us is disagreeing with that today or disagreeing that there is a problem in the system that needs fixing. Of course, the CPS would say that we absolutely need to do something. However, it is not its role as a non-ministerial Department to say that it thinks that the Minister has got it wrong. What it is saying in broadbrush terms is that it agrees that something needs to be done. In contrast, the Criminal Bar Association actually surveyed all its members, because it is an independent organisation, and 88% of them came back and said that they were opposed to the reforms. They are two totally different things.

[Dr Mullan]

I did raise an eyebrow at the level of evidence that the individual from the CPS chose to give in relation to commenting on Government policy in that way. I have spoken to previous Justice Ministers, and that was unprecedented. Again, if we want to give validity to its views, can Government Members point to a single time that the CPS has got up and directly opposed the policy of the Government of the day? It does not do that. It is all very well and good to champion it when it agrees with this particular point, but it is nonsense if it has never disagreed with Government policy because it is a non-departmental Government body. Again, the hon. Member for Chatham and Aylesford is perfectly entitled to raise it, but to try to give it the weight and character of the other organisations that are lobbying, campaigning and representing does not hold up to much scrutiny—as we have seen.

--- Later in debate ---

[Dr Mullan]

I thank the Minister for explaining the measures as she understands them. I do not mind admitting that some of the explanations in the explanatory notes and the information from the Library have left us with questions about how the measure will operate. The clause refers to written indication of guilty plea, and the explanatory notes refer to this as being available to those who are pleading guilty. I do not mind admitting that the Minister is much more directly experienced with the legal system than I am, as are other members of the Committee, but I do not quite understand the idea of someone choosing the mode of trial after they have pleaded guilty. If they have indicated at the outset that they are going to plead guilty, will the hearing not be about sentencing, rather than trial? My remarks will be focused on that.

The obvious thing to ask is this. If this measure is purely about sentencing, why would anyone who has pleaded guilty ever elect to have a sentencing hearing in the Crown court, where they know there could be a higher sentence, rather than in the magistrates court, where they know there will be a cap on what sentence can be passed? Our arguments have been about the process of the trial itself, and I have touched on some of the elements other than sentencing. That is not to say that there may not be perfectly reasonable grounds for someone to object if they think the decision made was wrong. Again, these are people who have admitted guilt, so we can clearly say they are criminals. Some of them may have spurious reasons for wanting to approach the system in that way, by seeking not to go to the Crown court, but they may also legitimately think that the decision was wrong or not fair. They may well have legal advice that the decision was not consistent with the sentencing guidelines, and that they would have been expected to have stayed in the magistrates court. As we discussed this morning, a significant number of the appeals in the magistrates court are successful, although I accept that those who seek an appeal are in the minority. We all accept that the magistrates courts make mistakes.

It is important that we understand how this measure will work in practice. Can the Minister tell us how many people are objecting and using the mechanism at the moment? That is also confusing, because the explanatory note says that these provisions are not yet in place, but what is her projection of the difference this will make? What will be its material impact? The provisions have not been commenced, but the Government and civil servants must have a view about how objections would have operated and what they would have achieved, versus the right to make representations. What is the difference between those two mechanisms? A guilty person cannot insist on being sentenced in a magistrates court. If the magistrates think that someone is going to hit a higher tariff and should go to Crown court, the person can, in theory, object, as I understand it, but they cannot stop it. Before we vote on the clause, I want the Minister to explain in detail exactly how this will be different from what the Government envisioned was going to happen.

Is there a risk in theory that more things will go to the Crown court? If the Government are saying, “You can’t object,” they must think that at the minute, in theory—if the provisions were to be commenced—some people would be kept in the magistrates court inappropriately. The Government must want more of those people to go the Crown court. If they thought everyone was just going to stick in the magistrates court anyway, why would they be doing it?

[Jess Brown-Fuller]

The shadow Minister is clearly articulating his confusion, which I share. I believe that clause 2 is at odds with the rest of clauses 1 to 8, because it does the opposite of what those other clauses are trying to achieve. Let us say that, on the advice of legal counsel, Person A has been told that, if they plead guilty, they will most likely receive a suspended sentence. They are keen to move on with their life and therefore they are willing to enter a guilty plea, but they are then told by the magistrates that they would like their case to be heard in the Crown court, which could carry a higher tariff. At the moment, they have the right to object to their case being taken over to the Crown court, because the conditions in which they pleaded guilty have changed. By removing that right, we are making sure that people do not get to say whether they want their case heard in the Crown court, which could push more cases into the Crown court. That makes clause 2 feel at odds with the rest of the clauses, which are trying to remove things from the Crown court. Does the shadow Minister agree?

[Dr Mullan]

I do. In the other direction, the Institute for Government highlights that

“only around 30% of sentences of 6-12 months were handed out by magistrates”

since their sentencing powers increased from six months to 12 months. That indicates a hesitation in the magistrates courts to award higher sentences. If the Government have the objective of sending these cases to the Crown court, but there is evidence to suggest that magistrates hesitate when it comes to higher sentences, ultimately this measure will not change that.

I want to be clear, because I think that there is some confusion about what is written in the Bill and the explanatory notes. The explanatory notes say:

“The amendments remove the ability of the defendant or the prosecutor to object to the case being sent to the Crown Court for sentence”.

We are talking about sentencing, but that is not exactly what the Minister said or what the Bill seems to say. Before we are asked to vote in support of the clause, the Government need to clear this up, so that we can all understand what exactly this change will achieve that is different in theory from what was going to happen.

I appreciate that this is challenging because we are discussing changes that have never been put into operation, but that is not really an excuse. The Government should have a view of how things were going to operate, and therefore must have formed a view about how they want them to operate differently as a result of this change.

Courts and Tribunals Bill (First sitting)

Debate between Kieran Mullan and Jess Brown-Fuller

Committee stage
Wednesday 25th March 2026 Public Bill Committees

[Dr Mullan]

indicated dissent.

Dame Vera Baird: I see Kieran shaking his head, but there is no other way. There is a limited opportunity to give priority to cases. Obviously a very important point is whether the defendant is in custody. Most rape defendants are not in custody, because it is a “one word against the other” case, so they cannot be given any real priority for that reason. We end up very regularly with cases that took as long as Charlotte’s. That is really awful for a large number of victims. It also gives very little to the people who want this right: 64% of people who elect for trial plead guilty before they get to trial. You have to ask why they are electing for trial if they are going to plead guilty, but they have blocked up the jury list all of that time. This is about freeing up the jury list.

[Jess Brown-Fuller]

Q In the previous panel, Sir Brian asked how we could model something that had never been trialled. As a panel, would you support a pilot of what the Government are suggesting, so we can take the qualitative data and see whether it makes a fundamental difference, or we should go now and not, for example, put a sunset clause in?

Sentencing Bill

Debate between Kieran Mullan and Jess Brown-Fuller

Consideration of Lords amendments
Tuesday 20th January 2026 Commons Chamber

[Jess Brown-Fuller]

I thank my hon. Friend for reminding us that the heart of this amendment are victims and their ability to understand what has come in the sentencing remarks. So much happens in a court trial, whether it means reliving past trauma or confronting a perpetrator, and listening to proceedings can feel like a foreign language for many. Others, who choose not to attend the sentencing hearing, have no knowledge of what was said. That is why having consistent free access to transcripts is vital. It provides an opportunity to process the events of court proceedings afterwards or to read them for the first time. For many, this can provide closure and an opportunity to move on, but it is also the route for appealing a sentence if they believe it to have been unduly lenient.

Providing victims with court transcripts free of charge would markedly improve experiences for victims and survivors, but I do have some questions regarding the Government’s amendment in lieu. Could the Minister provide some clarity as to whether the term “victim” is applied as per the definition used by the victims code and whether, in the case that a victim is unable to personally request sentencing remarks—such as victims without capacity or victims who are children—immediate family members of victims are included within the provision?

[Dr Mullan]

Since I cannot ask the Minister myself, I might ask the hon. Lady if she agrees that we also need clarity on whether deceased victims’ family members will have a right to transcripts?

[Jess Brown-Fuller]

The victims code lays out that if a victim is deceased, the immediate family—parents or siblings—would be included. That is why I asked that question of the Minister.

Subsection (3)(c) of the amendment in lieu allows the Secretary of State to provide exceptions to the requirement to provide a transcript of sentencing remarks. What sort of exceptions do the Government anticipate, and as per subsection (3)(d), what sort of information may be omitted from a transcript? If the Secretary of State does not plan to use sweeping powers to except or omit, why are such provisions included in the amendment? The previous Government ran a very limited pilot of free court transcripts. Will this Government publish a detailed review of that pilot?

We believe that this provision could and should go much further, and as per the campaign by my hon. Friend the Member for Richmond Park and Baroness Brinton in the other place, we have tabled an amendment to the Victims and Courts Bill that would mean that all transcripts are provided free of charge, including judicial summaries and bail decisions.

The Lady Chief Justice recently spoke to the Justice Committee about a pilot with HM Courts and Tribunals Service on the use of AI for transcripts, especially in the asylum and immigration courts. She described it as a “great success”, so I would be keen to understand if the Government will work with the Liberal Democrats to progress this work. We do appreciate the growing cross-party support on this issue and the work of all in the other place to achieve this important first step today.

We also welcome the Government committing to a statutory annual report into the state of prison capacity and, importantly, the Probation Service. This is an important mechanism for oversight that will improve long-term assessments of the health of our justice system. We were very happy to see the Government accept our amendment to remove clause 35 from the Bill, which did nothing to address the crisis in our justice system and was totally at odds with the Rehabilitation of Offenders Act 1974. We welcome the amendments tabled by the Government to strengthen protections in relation to the Lord Chancellor’s approval of sentencing guidelines.

We have been supportive of many of the provisions in the Bill aimed at addressing some of the key failings in our crumbling justice system. Our courts, prisons and the Probation Service are all at breaking point, and without urgent intervention they are at risk of failing completely. The Bill offered an opportunity to ease some of the pressures our system faces, where currently the needs of victims, offenders and the system more widely are too often ignored. We also need to ensure that our prison system is one of rehabilitation—one that ends the cycle of reoffending and reduces long-term pressures. All of the Liberal Democrats’ work on this Bill has been in that vein, in order to get the legislation into a better place to achieve those aims.

To conclude, we realise the mess that our justice system finds itself in. We have always aimed to work collaboratively and productively in a cross-party way to ensure that we can begin to turn the tide on this crisis, and we will continue to do so. We need a sustainable solution, which includes cutting reoffending, tackling the court backlog to reduce the number of people in prison on remand, and properly resourcing our Probation Service, which will no doubt feel the impact of this legislation most acutely. The Bill contains a number of proposals that Lib Dems have campaigned for as part of the wider package of reform, but it still could go much further to ensure that it is fit for purpose to protect victims and safeguard our justice system for the future.