Jury Trials

Monica Harding Excerpts

Wednesday 7th January 2026 Commons Chamber

[Monica Harding (Esher and Walton) (LD)]

Trial by jury is not a luxury; it is one of the oldest and most fundamental protections in this country and a key safeguard of liberty. Yet under this Government, it is being treated not as a principle to be defended, but as a system to be rationed. We all agree that there is a crisis in the criminal justice system and that we need to bring the backlog down. Cases are drifting for years before reaching court, draining justice of its force and credibility. To the frustration of my constituents in Esher and Walton, the consequences fall heavily on victims and witnesses. Prolonged delays weaken evidence, memories fade, statements are withdrawn and prosecutions collapse. Confidence in law and order, and therefore in democracy, falters.

As my local borough commander told me this week, this change undermines policing. The Government have rightly prioritised community policing, and my own force in Esher and Walton has increased the solving rate for burglaries by 84%. Would it not be great if we all slept safely in our beds? But no—residents were shocked to learn that two individuals charged for burglary in December will not appear in court until September 2027. Similar problems arise in youth justice where sentences are repeatedly deferred, leaving young offenders without timely consequences and that most important of lessons for young people: that if they commit a crime, they will be punished. It erodes public confidence.

Why not use the most immediate lever and lift the cap on court sitting days? Late last year, I visited Kingston Crown court. The regional backlog had grown by 25%, yet courtrooms sit unused. Staff described to me the frustration of having judges, clerks, ushers, spaces and cases ready to proceed only to be blocked by limits on sitting days put in place centrally. The Government impose those caps—it is nonsensical. It makes no sense to pay for court buildings, judges and staff and then prevent them from operating fully. That is a false economy, which shifts the cost on to victims and communities and erodes public trust.

The Government have only marginally increased Crown court sitting days, barely touching the scale of the backlog and falling far short of what is needed, and this goes back to the priorities of the Treasury. Surely it must prioritise law and order first. Instead, the Government have decided to treat jury trials as a nuisance. They seem too costly and inconvenient. They are being squeezed not because they have failed, but because cutting them is easier than rebuilding the system around them.

This is a political choice, and it seems like an ideological choice from the conversation earlier, not an inevitability. The Liberal Democrats have set out a serious alternative: to invest in court buildings, lift the cap on sitting days, use courtrooms effectively, fix broken contracts that cancel hearings, including the failure of prisoners’ transport to bring defendants to court on time, and invest in rehabilitation to reduce offending. This policy is not what my constituents in Esher and Walton want.