Courts and Tribunals Bill

Kit Malthouse Excerpts

Tuesday 13th October 2026 Commons Chamber

[Dr Mullan]

The hon. Lady asked what we did to preserve the right to trial by jury. We brought the backlog in the Crown court down from the level we inherited from the previous Labour Government. Prior to the pandemic, our record on the Crown court backlog was better than the previous Labour Government’s, which is something that Labour Members all conveniently seem to forget.

[Kit Malthouse (North West Hampshire) (Con)]

My hon. Friend is making a powerful argument in defence of jury trials. Members are rightly thinking about the impact on victims and defendants, but would he agree that the erosion of jury trial also has significant implications for the judiciary? In jury trials, for the public, the jury very often stands between the defendant, or the convicted, and the judge. If we remove that shield between the two, the judge, their prejudices, demographics and how they were selected become more a focus of public contemplation, and that may in the end lead to political interference in the selection of judges.

[Dr Mullan]

My right hon. Friend is right on both points. As he was speaking, the Justice Secretary said from a sedentary position that he removed that clause. Perhaps he does not understand his own Bill. You are retaining judge-only trials for complex and lengthy cases, and retaining the power to use delegated legislation to allow judges alone to sit on those cases. Exactly the sort of scenario that my right hon. Friend was describing would be produced.

Magistrates have a degree of confidence and community support that is in proportion to the use of their powers. If we significantly increase the use of their powers, the pressure on magistrates, and scrutiny of them, is also likely to increase. Picking up on that point, I want to make sure—