Courts and Tribunals Bill

Matt Bishop Excerpts

2nd reading
Tuesday 10th March 2026 Commons Chamber

[Matt Bishop (Forest of Dean) (Lab)]

At the heart of the reforms before us today is one word and one simple question: the word is victims and the question is, how do we ensure that victims actually receive the justice that they are promised?

Hon. Members will know that before coming to this place I served as a police officer over three different forces. During that time I saw at first hand the impact that crime has on people’s lives. I met victims at some of the worst moments that they will ever experience, often after deeply traumatic incidents. What always stayed with me was the faith that victims place in our justice system. They believe that if they report what has happened, come forward and endure the stress of an investigation and a trial, the system will ultimately deliver justice. They believe that the institutions of this country—the police, the courts and the rule of law—will stand behind them.

When victims report a crime, they are making a promise to us and to the justice system that they will follow through and endure the issues that they have to endure. The least we can do is to ensure that the justice system keeps its promise to them. However, today that faith is being tested far too often. I regularly meet victims and victims’ groups who speak about the anxiety, uncertainty and sheer exhaustion that comes with waiting for their case to reach court. Many have done everything we have asked of them—reported the crime, given evidence and supported the investigation—only to be left waiting months and years for a conclusion.

Through my work on the Justice Committee, I have heard extensive evidence about the state of our courts. The reality is stark. The Crown court backlog has more than doubled since 2019. Trials are taking longer and for some of the most serious offences, particularly rape and sexual assault, victims are waiting well over a year on average for their cases to conclude. Behind those numbers are real people: victims who cannot move on with their lives, families left in limbo and witnesses forced to relive traumatic experiences as hearings are delayed or postponed. Justice delayed really does become justice denied.

Before going further, I want to recognise the people who keep our justice system running: the magistrates, judges and court staff all do extraordinary work. Magistrates in particular give up their time voluntarily to serve the public and uphold the rule of law in their communities. Too often we talk about the pressures on the justice system without recognising the people who are holding it together. They deserve our gratitude, but they also deserve a system that properly supports the work that they do, and that is why this reform is necessary.

The reality is that cases today are more complex than they once were. Digital evidence, mobile phone data, body-worn cameras and modern forensic techniques have all improved the fairness of trials, but they have also made cases longer and more demanding to process. The measures in the Bill seek to address that. Giving magistrates greater sentencing powers will allow more cases to be resolved in the magistrates courts, freeing up Crown court capacity for the most serious offences. Similarly, allowing courts greater flexibility in determining where cases should be heard helps to ensure that the most serious crimes are not competing for court time with cases that could be resolved more quickly elsewhere.

Another important aspect of the Bill is the modernisation of the courts. For too long, our justice system has lagged behind the technology available to it. Victims still face unnecessary barriers when trying to access transcripts or understand the progress of their case. Using technology more effectively can make the system faster, more transparent and more accessible.

Finally, I will briefly address the removal of the presumption of parental involvement from children. For many years, survivors of domestic abuse and campaigners have raised concerns about what has sometimes been described as a pro-contact culture in parts of the family courts system. Organisations, such as PEEPSA—Prevent, Educate and Eradicate Post Separation Abuse—that support survivors of post-separation abuse have welcomed the Government’s decision to repeal the presumption of parental involvement. They have long warned that a pro-contact culture can risk sidelining the safety of children and survivors.

[Kirith Entwistle]

Too many women have told me that the family courts felt like an extension of the abuse that they were trying to escape. Does my hon. Friend agree that ending the presumption of parental involvement is a crucial step towards ensuring that children’s safety, not the automatic assumption of contact, is the starting point in every case?

[Matt Bishop]

I completely agree. Children must never be used as a tool through which abuse can continue after separation.

Removing the presumption also sends a clear message that children’s safety and wellbeing must always come first. Reforms of this scale will rightly be scrutinised as the Bill progresses, but the alternative—doing nothing—is simply not acceptable. Without reform, the backlog will grow, victims will continue to wait and confidence in our justice system will continue to erode.

Justice is the foundation of public confidence in this country. When victims lose faith in the system, the rule of law itself begins to weaken. This Bill is about restoring the faith and ensuring that when victims come forward, the justice system is ready to stand behind them. For that reason, I am pleased to support the Bill today.

[Several hon. Members rose—]

Courts and Tribunals Bill (First sitting)

Matt Bishop Excerpts

Committee stage
Wednesday 25th March 2026 Public Bill Committees

[Jess Brown-Fuller]

Q Thank you. How do the victims that you speak to and represent feel about the fact that these legislative reforms will not necessarily move the dial until potentially 2035, when we could see the backlog down to pre-covid levels?

Claire Waxman: People in the criminal justice system need to move ahead with the efficiency measures. We need to move ahead with that so that we can start to see some of the adjournments not happening, better listing and so on. Of course, it is a desperate state. Just yesterday I spoke to a male victim of child sex abuse. He has been in the system since 2021 and in the court system for two years. He thought that he was giving evidence in the coming weeks. That has been adjourned and he has been asked his availability for 2027, 2028 and 2029. He is going to withdraw. I think Sir Brian said it—looking at structural reform came first because we know that the efficiency measures are not going to bring the backlog down quickly enough. We need to do everything together as a package of measures and we need to move ahead.

[Matt Bishop (Forest of Dean) (Lab)]

Good morning, all. I welcome your work and the support that you offer victims—all of you, in what you have been doing. I am sure there is cross-party support for that in the room this morning. Do you think the changes in the Bill will improve the confidence of victims that, when they report crimes, they will receive justice more swiftly than they currently do and, more importantly, that the changes will also encourage more brave victims to come forward and report crimes?

Claire Waxman: There are a lot of good measures in the Bill that, if delivered and implemented well and with important safeguards, should have positive impacts for victims. We are removing appropriate cases from the Crown court, easing the burden there, and limiting the right to elect for a Crown court trial. By the way, victims view that right as an injustice. They feel that power and control is being given to the defendant, knowing full well that there is a chance they will come out of the process or that their evidence will be impacted over the years. That is something that victims regularly talk to me about. The measures around the automatic right to appeal and to make the magistrates a court of record will open up transparency in the courts and hopefully stop victims having to be called back in for a rehearing. That has devastating impacts; you cannot overestimate what it does to a victim when they think that they have gone through the process of giving evidence, and then they have to come in again.

If all those things ease the pressure and burden on the Crown court, that will give reassurance and confidence to victims who are thinking about whether to stay in the process currently. The measures Katrin talked about—putting in important safeguards around the cross-examination of rape victims—are so important. Vera and I have worked on this since 2019, because of section 41, past sexual history, and issues around cross-examination and compensation claims. That is a financial motive used to undermine the credibility of victims. Victims come out of the system and often say, “I will never report again,” but they tell their friends and families about their experiences, and that deters people and erodes public trust and confidence.

[Rebecca Paul (Reigate) (Con)]

Q Thank you for your time, Claire. If I am interpreting your answer correctly, your basis for supporting the removal of jury trials is that it will save time and allow victims to get justice quicker. Would your position change if that is not the case and those time savings do not come through?

Claire Waxman: That is impossible to answer. We need to see it happen. You need to come back to me and say if it is not going to reduce—

--- Later in debate ---

[Rebecca Paul]

Q I thank you all for being here. I know that this must be incredibly difficult. You are incredibly brave, and it is wonderful to see you channelling something that was so negative for you in a positive way, so thank you for that.

We have focused a lot on jury trials, but there is a real opportunity here to think about what we need to deliver improvements in our judicial system, because the thing we all agree on here is that it is not working as it should. We might disagree on the best way to address that, but we do agree on the fact that change is needed in some form. What would you like to see in this Bill that is not there? What is needed to address some of the issues? Any of you who want to answer, please feel free to take the question.

Jade Blue McCrossen-Nethercott: It is a very big question. It is tricky, because I do not think that we can really ask for perfection; we are very much asking for a system that is bearable and has a bit of credibility about it. That just has to be centred, with lived experience at the forefront. So often, many victims, myself included, have said that it feels like it has gone so far to the defence side that it is no longer a justice balance. It has flipped so much on that side that I really want to urge you to consider that aspect: that it feels like the balance has gone in favour of the defence, essentially. In any decisions that you make about the Bill, just consider rebalancing that and ensuring that victims’ voices are centred in the decision-making process. If increasing magistrates to the three-year limit reduces the delays by even a small percentage, that can only be a positive thing. All those smaller elements will eventually snowball into more meaningful change across the entire sector. I could ramble on, so I will let someone else have a go.

Charlotte Meijer: I guess the other thing to add, which has been discussed a few times already, is the training of judges and magistrates. We have to find a way to do that—you would not let an untrained teacher into a school—because they are making decisions that mean life or death. After my not guilty verdict, I tried to kill myself, because nobody believed me, clearly. There is a huge impact. Things do need to change.

As I mentioned, I was a victim of rape. The rape did not go to court, because of many mistakes. The police offered to reinvestigate and I declined, because I knew what I would be going into and I did not want to go into that again, as it stands. A lot of that is about not just the courts, but the process leading up to it: the police and the CPS, and making sure that the police, the CPS and the courts are working together, which at the moment they are not. I am going through a three-year complaints process with the police, and they just blame each other. There needs to be accountability from start to end, because, while the Government have many different institutions that you deal with as a victim, you do not always understand it. You should not have to. I should not have to know that the CPS needs to do this and the police need to do that. It should be me coming in and other people understanding that journey for me and holding them to account.

There are no consequences if the victims’ rights we have at the moment are not adhered to. I was failed on at least seven points of the victims’ rights, but there is nothing that anyone can do. It has gone up to the ombudsman, and they said, “Yes, they failed”—great.

[Matt Bishop]

Q At the risk of sounding like a broken record, thank you to the panel for coming in. It is very brave of you to come and relive your stories and experiences. Following on from the previous two questions, maybe this is one for Jade, Charlotte and Morwenna: given the delays and uncertainty in the court process and how that affected your recovery, how do you think the changes in the Bill will better protect victims and survivors in future from the impact that you have experienced?

Morwenna Loughman: I did not actually know that it was the defendant’s right to elect where their trial was heard, and that was a real shock to me. I echo what these extraordinary women on my right have said: it feels like a system that has been weighted against you, and there is no doubt that defendants are gaming the system. As it stands, I would absolutely not recommend this system to someone who finds themselves in my position.

I also agree with what Sir Brian Leveson said. A cultural reform needs to take place, because we are way past the mark of funding being enough. It needs a systemic, systematic, fundamental paradigm shift in how the system is run.

[The Chair]

Jess, I cut you off earlier—forgive me.

Courts and Tribunals Bill (Second sitting)

Matt Bishop Excerpts

Committee stage
Wednesday 25th March 2026 Public Bill Committees

[The Chair]

Matt, do you have a quick question?

[Matt Bishop (Forest of Dean) (Lab)]

I will keep it quick. I think we all agree that victims are very brave, and we know that the delays are having a massive effect on them. I think we all agree, too, that the measures in the Bill will reduce timescales—

--- Later in debate ---

[Jess Brown-Fuller]

Q Thank you, Claire. Can I just acknowledge that children who are yet to go through the family courts are safer because of you and your tireless campaigning over many years? I hope you can hold that close as you go on. I believe that all campaigners like you, who never fight for themselves, are fighting for the next generation—the job is never done. My question to you is: what is the next step? What would you like to see in legislation going forward, especially in our family courts, to protect more children from harm?

Claire Throssell: What I would like to see moving forward is an understanding of what it looks like without presumption of contact; what good practice looks like; understanding trauma; understanding what coercive control is; understanding emotional abuse. We all understand physical abuse—it is there; we see it. What we do not understand is the emotional abuse and the scars that we carry. We must always look from the position of actually seeing a child, hearing a child, believing a child, protecting a child, and we must go from this basis. We must use the legislation that we have in the Domestic Abuse Act. We know that it is not being used in courts. We must see children as victims in their own right of this crime. We must accept children as victims in their own right of this crime, and we must take away the fact that we are always trying to prove the crime that has been committed against us.

Domestic abuse is a crime, so why is it that when we go into family courts we are ripped apart by barristers? Why is it that a crime has been committed against us, but we are always the ones who have to prove it has been committed, and by whom? Why do we have to go into a court, when we have committed no crime, and stand up and be humiliated in order to fight for our children? Why do we have to do that alone?

With any other crime, the onus is on the police to prove that a crime has been committed and by whom, and then sentencing is carried out accordingly, but in a family court, the person who has had the crime committed against them time and again has to prove that that has happened. We are not believed automatically, and we are not supported automatically. There should be special measures in family courts to help see the child, like in the Pathfinder courts, but it is not just about seeing the child; it is about hearing them, believing them, supporting them, and letting perpetrators of abuse know that it will not be accepted and that we are going to take action, protect that child and always presume the unthinkable.

[Matt Bishop]

Q It is good to see you again, Claire. I echo everyone else’s comments about your very powerful evidence. You will remember that the last time you attended a debate in the Chamber, certain Opposition Members commented—we have heard comments and suggestions even today—that sometimes mistakes happen and both parents should have the right to their children at all times, but do you agree that this is an opportunity, and that the Government and, in fact, all parliamentarians should be doing everything we can to make sure that the 68 does not go to 69? I would rather that we make a mistake and the child survives than make a mistake where a child dies. Do you agree?

Claire Throssell: Absolutely—I agree with that 100%. It comes back to the fact that we must not presume that children are safe. We must not presume that children are not going to lose their lives, because perpetrators of abuse manipulate, they lie, they turn it around and they use DARVO—everything is always everybody else’s fault, and their voice is always louder than the child’s. You have an opportunity now to change that. You have the opportunity to make sure that no other child has to use their voice and say to a fireman, a police officer or a doctor, “My dad did this, and he did it on purpose.” No other boy should have to have a dying testimony and believe that he saved the life of his brother, because I never told him differently. Mistakes are not good enough. Sixty-eight mistakes is a national disgrace, and in 2026, there should be no more.

[Siân Berry]

Q Thank you so much, Claire; it has been really powerful to hear from you. I have heard from a constituent who has a close family member going through all of this, and she has been advised by solicitors to avoid the family court at all costs, describing the potential outcomes as a “lottery” and talking about very patchy training and understanding. Would you back my constituent up on those conclusions?

Claire Throssell: Yes, I do back that up. Judges do need training. They are hiding behind the fact that they are independent. They should be independent—they are the law of the land—but they should not be above the laws that they serve, and they do need training. They do need understanding. Like I say, the court is another arena; it is a secondary abuser. We go through the abuse, we take the courage to leave—that is not easy—and we enter a court system where we think, “This is going to be fair; this is going to be just.” We go into these arenas, and there are no guarantees that we can protect our children. We are ripped apart, and our personalities—we go through trauma. We tell people the same thing again and again, but we are not seen, heard, believed or supported.

--- Later in debate ---

[Jess Brown-Fuller]

Q Thank you for being here. Your police officers are at the coalface. They often experience these adjournments and see victims let down at the final hurdle when they are about to have their day in court. What is your assessment of why cases are so often adjourned in our Crown courts?

Chief Constable Hatchett: I think there are multiple reasons. There are people who are far better qualified to give you evidence on that; undoubtedly you will have spoken to defence lawyers and the Crown Prosecution Service, who can probably give you some really good evidence.

There are a whole host of reasons why cases are adjourned. Sometimes it is evidence, sometimes it is witnesses and victims, sometimes it is disclosure, sometimes it is court time—the reasons are multiple, but ultimately victims and witnesses are suffering as a consequence. My witness care units then have to pick up the conversations with those victims and witnesses to prepare them, hoping to keep them on board and confident enough in the criminal justice system to give evidence at a future date.

[Matt Bishop]

Q Thank you for being here, Chief Constable. Before I ask my question, I should declare that I worked as a serving officer for three police forces across the country.

Chief Constable Hatchett: Respect.

[Matt Bishop]

Thank you, and thank you for your service. My question is about the morale and mental health of police officers, as you might expect. It is not to the same level as victims, but with the inevitable delays is there a risk of retraumatising the police officers who have to look at evidence of the most heinous crimes years down the line and give statements at each court case? Is there a risk that police officers’ mental health is being affected as well?

Chief Constable Hatchett: Police officers are particularly challenged with the caseloads. Not only are you are dealing with the cases that you are investigating that day, but you have the cases that are in the system that need reinvestigation and rework. Caseload work is challenging and tough for some of our officers. Lots of work is being done on the wellbeing of officers, in terms of trauma and the types of case that they deal with, and on how police forces can get better. Forces are working with lots of people to make sure that the support is there for police officers.

It is not an easy job. You know that it is not an easy job. Day in, day out, we deal with people in crisis. Our focus has to be on victims and on keeping people safer from harm. That is absolutely where our officers are, but the caseload and the work that is generated by delays in the system do affect our officers.

[The Chair]

We have one minute left.