Courts and Tribunals Bill (Ninth sitting)

Siân Berry Excerpts

Committee stage
Thursday 23rd April 2026 Public Bill Committees

[Jess Brown-Fuller]

It is a pleasure to serve under your chairship, Dr Huq.

Clause 7 and schedule 2 will restrict the right to appeal the decision of a magistrates court to the Crown court, and will change the process that those appeals go through. Currently, a defendant has an automatic right of appeal from the magistrates court to the Crown court against either conviction or sentence; in either case, the appeal is a hearing before a judge and two magistrates. The Bill will instead introduce a requirement for an application for permission to appeal based on written grounds. A Crown court judge will decide whether to grant permission, and the appeal hearing would be heard by a single judge. Instead of a rehearing, the appeal would be only on the issues on which permission is granted. If the appeal is against conviction, the judge must allow the appeal if the conviction is unsafe. If so, the judge may order a retrial in the magistrates court.

It is not unreasonable to have a conversation about the appeals process, especially as there is a small amount of evidence of the system being abused by a very small minority of defendants who believe that the appeal will be successful on the grounds that the victim or witnesses will refuse to go through the experience again. I absolutely recognise that, and we need to put essential safeguards into the criminal justice system to provide greater protection for those victims. We will be getting to the crux of that issue over the next days in Committee.

However, clause 7 and schedule 2 are blunt instruments that will harm access to justice. We cannot ignore the fact that although a very small number of cases from the magistrates—less than 1%—go to appeal, more than 40% of those are successful at appeal. Given that the magistrates court will be hearing more complex cases that carry higher sentences, the measures will increase the risk of miscarriages of justice. Touching the appeals process at this point is unnecessary when it is currently sparingly used. The Criminal Bar Association has argued:

“Access to justice will be harmed. Who is going to find the lawyers who have time to review transcripts of evidence and prepare grounds of appeal? Who is going to pay them for that work? What about the defendants who were ineligible for Legal Aid, because of the lower cut off for eligibility?”

We discussed the eligibility cut-off in the previous clause.

JUSTICE has raised similar concerns, stating that replacing the automatic right of appeal with a multi-stage permission system

“is complicated and highly likely to be inefficient”,

and will fail defendants who cannot navigate these processes, as laid out articulately and clearly by the hon. Member for Bolton South and Walkden.

The current process means that appeals are heard by a judge and two magistrates. The opportunity for magistrates to sit with a Crown court judge to hear appeals is an important one, as it helps with the training of magistrates and drives up standards. Under the Bill, there are no circumstances in which lay justices would sit with professional judges. We are debating a number of amendments, some of which seek to restore the conditions we have right now—retaining the automatic right to appeal—and some that go further, although I think the shadow Minister suggested that he would not press them all to a vote.

I would appreciate the Minister’s explaining whether she thinks the processes being put in place by clause 7 and schedule 2 are compatible with the principles of access to justice that she has laid out previously in Committee. I remain gravely concerned that the measures will have a huge impact on the most vulnerable in society.

[Siân Berry (Brighton Pavilion) (Green)]

I am happy to have you back in the Chair today, Dr Huq. I wish to oppose the clause and the schedule. I am grateful to the hon. Member for Bolton South and Walkden for pointing out so clearly that the restrictions on appeals will push down hardest on the least advantaged people and will compound injustices in wider society, as well as the injustices put in place by other clauses.

I will not reiterate in detail the evidence we heard, or the speeches I made previously, about the risks of more errors due to the speedier but rougher and readier justice of the magistrates courts being applied to more cases, or the risks arising from higher sentences. However, clause 7 adds yet more risk to the potential harm from reducing the right to select a jury trial in clause 1 and the restrictions put in place by other clauses. This is counterproductive for the overall courts workload, too.

As others have pointed out, the clause will introduce a multi-step process. We heard in oral evidence from Emma Torr of Appeal that the

“multi-step process…will only increase the workload of both the magistrates and Crown courts. To give a very brief outline of how it works at the moment, the defendant or the solicitor can fill out a very simple form, which results in a quick rehearing at the Crown court. It takes a couple of hours at most and even less for sentence appeals.”

She also pointed out that the Law Commission had carefully considered the matter last year in a consultation paper that ran to 700 pages. She said:

“Its independent analysis was that the removal of the automatic right to appeal will increase the workload of the magistrates court and the Crown court.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 83, Q174.]

In our oral evidence sessions, we heard clear views about the lack of legal aid in magistrates courts for people without representation to meet fairly the test set for appeals. Fiona Rutherford of JUSTICE told us:

“Without a lawyer being present, and of course without there even being the right to appeal directly, you are leaving a whole load of defendants, who may well be wrongly convicted or may get the wrong sentence for the crime they have committed, floundering…I simply don’t know who will inform these people about how they will put grounds of appeal together, what grounds of appeal even are, how you formulate those, what key points you need to make in them to persuade a Crown court judge sitting alone in a room with just some evidence papers and how to put your best case forward.” ––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 86, Q184.]

These are serious matters of injustice. I do not know how the least advantaged defendants will be able to do anything to use the application to the High Court for judicial review, which seems to be the only remedy that the Minister has put forward to us today. I do not know how many miscarriages of justice are acceptable to the Minister, but I believe that these measures must not form part of the Bill, because of the impact that they will have on the right to justice for too many people.

[Rebecca Paul (Reigate) (Con)]

It is an honour to serve under your chairmanship, Dr Huq. I do not support clause 7 or schedule 2. I welcome the debate on various amendments and the comments from the Minister.

Clause 7 and schedule 2 would replace the current automatic right of appeal from the magistrates court to the Crown court with a much narrower permission-based system. At present, a defendant convicted in the magistrates court can appeal to the Crown court against conviction or sentence, and that appeal is heard by way of a full rehearing, usually before a Crown court judge sitting with between two and four magistrates. About 40% of conviction appeals and 47% of sentence appeals succeed.

We are now being asked to introduce a system that would instead require permission for such appeals, would usually proceed on written grounds, would be heard by a single judge and would limit the grounds on which permission is granted. The Government say that that would save about 500 Crown court sitting days. I feel that I may be running out of ways to phrase this sentence, but yet again we are seeing a significant roll-back of an important safeguard, justified on the basis of a small hypothetical gain.

We should ask ourselves whether an important protection is being weakened for anything like a proportionate return. On clause 7, I do not believe that it is. I strongly emphasise that appeals are not historical oddities or a procedural quirk; they are one of the principal safeguards against the risks inherent in summary justice. The Bar Council is very clear:

“The proposed change would remove a vital safeguard against wrongful summary conviction and excessive (or unlawful) sentences imposed by magistrates. The consequence risks adding to the burden on the criminal courts rather than reducing it.”

It goes further and says that the current right

“does not appear to be exercised frivolously or vexatiously.”

The Law Society made similar points in its written evidence: it said that the automatic appeal route is a “vital safeguard” and that in 2024 it was used in 2,487 cases, overturning magistrates’ decisions in 41% of convictions and 44% of sentences. It describes about 1,000 miscarriages of justice as being corrected through that route. That is the central fact that the Government cannot really get around. If four in 10 conviction appeals and nearly half of sentence appeals succeed, that cannot be read as evidence that the appeals process is being abused. In fact, it is the opposite: the process is demonstrably being exercised appropriately.

I am deeply concerned that if we roll back the right to appeal, we will be locking the door on an unknown number of cases in which a conviction might have been found to be erroneous, but will now not be identified as such. That is an unknown number of miscarriages of justice not put right, and an unknown number of lives ruined. I am not willing to pay that price for the gain of 500 sitting days, and I cannot bring myself to believe that Government Members are differently inclined.

We do not particularly need to speculate about what the safeguards protect against, because we can point to recent examples. In the notorious Hamit Coskun case, a defendant convicted in the magistrates court of a section 5 public order offence had his conviction quashed on appeal to the Crown court. The appeal court found that the prosecution had failed to prove essential elements of the offence and stated plainly:

“For these reasons we allow this appeal and quash…conviction”.

That is the automatic appeal route doing exactly what it is supposed to do and correcting a conviction that should never have been imposed.

--- Later in debate ---

[Dr Mullan]

I rise to speak in support of amendment 17, which stands in the name of the hon. Member for Chichester. I acknowledge the progress that we have made on the issue; it has not been as fast or as good as personally I would like, but it has absolutely been progress. The hon. Member has laid out some of the important points.

The idea that we will record these proceedings and that the transcripts will exist, but that the victim cannot have them, is obviously not sustainable. If they do not exist at all and nobody has them, that is one thing, but when they are available and some people might be accessing them—defendants, for example—it is really not reasonable that victims cannot, for all the reasons that we have discussed in relation to the Crown court. The existence of recordings will make that less of an excuse. Again, the interaction of different elements of the Bill, with longer sentences, restricted appeals and more serious cases being heard, builds an even stronger case for victims to have access to the transcripts.

The hon. Member for Chichester mentioned the unduly lenient sentence scheme. As we talked about in the context of Crown court appeals and the current use of the scheme, it is pretty hard to appeal an unduly lenient sentence if we do not even have access to the route to sentencing that the judge laid out to explain why they gave the sentence that they did. In my understanding, we have a later amendment that asks for an expansion in the use of the scheme in order for it to be meaningful. We talk about the unduly lenient sentence scheme, but people cannot access it in the magistrates court, even though we are about to put more serious cases into that court. At the minute, people are able to access the scheme when a case is heard in the Crown court. For those reasons, we enthusiastically support the hon. Member’s amendment.

[Siân Berry]

I will speak briefly in support of the amendment, to which I have put my name. Later, I hope to speak about the real difference between viewing evidence—seeing it given in real life, or going into the room where evidence is given—and being able to review it more dispassionately later in writing. Given that we are now producing transcripts, the amendment would be an important measure to provide them free to victims who may want to see what has been said in court, without having to attend court and see it in a more triggering, more visceral way, and without facing a financial penalty. It is important that the amendment is agreed to, along with everything else, to allow for a more compassionate way to treat victims.