Courts and Tribunals Bill

Sarah Pochin Excerpts

2nd reading
Tuesday 10th March 2026 Commons Chamber

[Sarah Pochin (Runcorn and Helsby) (Reform)]

I speak today in favour of the reasoned amendment standing in the names of Reform UK MPs. Although it has not been selected for debate, I would like to draw hon. Members’ attention to the wording, particularly where it says that

“the right to trial by one’s peers…has been an essential part of UK freedoms for centuries.”

As a magistrate of 20 years and a chairman of the court for 17 of those years, I hope that I have something to offer this debate. During those 20 years, I was part of a judicial process in which I, together with two fellow magistrates, sent many defendants to prison. I will never forget the first time I was part of a bench that sent someone to prison. I can still see that young man’s face, and see his distraught parents at the back of the court. I had to fight back my own tears, as a mother feeling for his mother and her pain, knowing the life-changing impact that our decision would have on that young man’s life. I should say that I toughened up pretty quickly.

On many occasions, I found myself chairing a trials court that would inevitably start late or end up with magistrates twiddling their thumbs when trials cracked or fell apart. That could be for a variety of reasons, but it was often due to last-minute pleas by defendants who had been presented with irrefutable evidence, or to the failure of the Crown Prosecution Service to prepare adequately for the case.

The process in the magistrates court is already inefficient, and a sizeable backlog of cases exist—reportedly, over 370,000. It is worth pointing out that a magistrates bench operates as a mini-jury, with three magistrates sitting on a trial to ensure a majority verdict, so it represents trial by the people, not the state. Be in no doubt: a prison sentence of up to three years will change someone’s life forever. A prison sentence of that length will mean the loss of employment, and therefore the loss of one’s ability to pay a mortgage or rent, often resulting in the loss of one’s home, which may in turn lead to a family being made homeless. A prison sentence often means the break-up of a family, with permanent damage inflicted on the partner and children in that family, whether by becoming outcasts in their community, being bullied at school, or adopting learned behaviour and offending themselves later in life.

For one individual—one judge—to have the power and to be the only perspective in administering a prison sentence is not justice. Furthermore, a single justice acting alone may come under pressure from politicians not to send defendants to prison due to a lack of prison space available, regardless of whether that defendant should in fact receive a custodial sentence. There may also be cases where a single justice is more lenient towards defendants from ethnic minorities for fear of being called racist if custodial sentences are frequently given by that judge to such defendants from ethnic minorities, regardless of the demographics of that court area.

With this Bill, there is no scrutiny of a judge, no ability to question that judge’s decision and no majority vote. A life-changing prison sentence can be given on the judgment of an individual with a single perspective and prejudice, without any checks and balances. The state will be administering justice, not the people. Everyone deserves the right to trial by their peers. In this Bill, the Government are removing trial by jury for serious crimes that attract prison sentences of up to three years. These could be serious domestic violence incidents, sexual assault, theft, fraud and so on.

This Bill is intended to speed up justice and cut court waiting lists, but there is no credible evidence to suggest that will be achieved by these changes. Courts need investment and to be run more efficiently to speed up justice. Solicitors need to be on time and ready for trial. So much of the delay is caused in the process before the case even comes before a jury. These proposals are the exact opposite of justice. These proposals go against the foundations of law and order in this country.

Courts and Tribunals Bill

Sarah Pochin Excerpts

Report stage & 3rd reading
Tuesday 13th October 2026 Commons Chamber

[Sarah Pochin (Runcorn and Helsby) (Reform)]

I make my contribution as someone who served as a magistrate for 20 years. I am deeply concerned about increasing magistrates’ sentencing powers to two years of custody. That must be accompanied by rigorous training, because in reality we get good and bad, and experienced and inexperienced, magistrates on magistrates’ benches. For a lay person, removing the liberty of another is one of the biggest decisions that they can make.

I am also concerned about the presumption of suspension of all custodial sentences of up to 12 months. That is what is in the guidelines, but in training, magistrates are being told that there is a presumption of suspension of sentences of up to 18 months. Punishment should not be dumbed down because of insufficient prison places. Furthermore, the Government are leaving the supervision of the requirements of community orders in the hands of the Probation Service. How can those in the Probation Service be qualified to do that, when they are not trained to do that, unlike magistrates? Even more troubling is the fact those in the Probation Service are being given the power to cancel community orders, if they feel that the offender has been sufficiently rehabilitated. This comes at a time when the Probation Service has never been so overwhelmed and underfunded. The policy of the presumptive suspension of sentences, and the removal of magistrates’ powers to decide on community orders, betray justice for victims.

[Jess Phillips]

There are so many things in the Bill that I could talk about, but I shall start where my friend, the right hon. Member for the royal town of Sutton Coldfield (Sir Andrew Mitchell), left off; I am from the royal town of Birmingham Yardley. I want to get Members to understand what we are seeking to change and clarify in law. When we are in this Chamber, we do not get sued for the things we say. I can be held accountable for anything I say—I would not say it on X, because I would not go on it—until I walk into this building. Civil action could be taken against me for work that I did leading up to that point. Let me set out what the judgment that the right hon. Gentleman talked about means. In cases in which the police or the Crown Prosecution Service make mistakes, they should of course have immunity covering all the time that leads up to them entering court, as any witness does; but that that immunity cannot cover them against civil action relating to anything that happened in the case. If I had a pound for every time I have seen terrible mistakes made by police officers or the CPS, I could get rid of your backlog—not your backlog, Madam Deputy Speaker, but the nation’s.

I want to be clear about how dangerous the overreach is that results from the Court’s decision to allow that immunity, and will refer to some cases that caused Front Benchers to change the law. These were legal cases taken by victims of rape, domestic abuse and other forms of sexual violence that have changed the law of our land. They were based on civil actions taken by those victims against the police and the CPS, including by Jade Blue, the survivor of rape who waived her anonymity and brought a claim against the CPS after it made an erroneous decision to discontinue the proceedings against her abuser. As a consequence of Jade’s civil action and campaign, and her successful claim against the CPS, the Government rolled out the early victims’ right to review scheme. That was done on the basis of civil action taken by a rape victim, but this could be threatened by this new overreach in the law, and I hope that the Minister will tell us how she intends to sort this out. If we do not allow victims of domestic abuse and sexual violence—or any victim, or anyone who is treated poorly by the police and the CPS—to take civil action, we in this place are missing an opportunity to make better laws. Frankly, if I can be held accountable, coppers and the CPS should be held accountable, too.

I understand that we are awaiting a Supreme Court judgment, but I would be interested to hear what the Front Benchers can say to allay the fears of victims of domestic abuse and sexual violence all over the country. They fear that if, say, their address was wrongly given out, they would have no recourse to civil action, despite the danger they would be put in.

My hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) gave a powerful speech. I worked with Claire Throssell for years. The shadow Minister said that victims groups do not all think the same about the jury part of the Bill; I can tell him that they all think the same thing about the presumption of contact. The fact that the shadow Minister did not even mention that he has tabled an amendment that would genuinely endanger victims of domestic abuse across the country is—I do not know what I am allowed to say—a bit cowardly. He should have stood by his words and argued the case.

As a victim who has been dragged back to court on a completely unmeritorious appeal case by people who stalk me, so that they can get me in another room, I am pleased about the changes in the Bill. In these debates, I often think that this place thinks that the very worst thing that could happen to a person is being accused of rape. I think the worst thing that can happen is to be raped and have no one believe you.