Jury Trials

Tom Hayes Excerpts

Wednesday 7th January 2026 Commons Chamber

[Sir Ashley Fox (Bridgwater) (Con)]

I do not agree that the Government should curtail our rights to trial by jury. Trial by jury is an ancient right in England and the very essence of our criminal justice system. Combined with the Government proposals for digital ID, it reveals a very authoritarian attitude. It marks a significant shift in the balance of power between the citizen and the state, and I shall vote against it.

There is a crisis within the criminal justice system and specifically with the Crown court backlog, but that backlog was not caused by trial by jury and will not be cured by its removal. Why does the Lord Chancellor believe that abolishing the right to jury trials for those likely to receive a sentence of three years or less is the right thing to do to bring down the backlog? If it is based on evidence, as he says, will he publish that as soon as possible?

In the last two years, Government figures show that the Ministry of Justice, which includes the court service, lost the highest number of days per member of staff in sickness and absence in the whole of Whitehall, at an average of 10.7 days of sickness—more than two working weeks for every member of staff. That is more than 30% higher than the civil service average and over twice the UK average if the private sector is included. Were the Lord Chancellor to focus his efforts on improving the efficiency of his own Department, he might start to see the system as a whole improve.

[Tom Hayes (Bournemouth East) (Lab)]

I was not going to intervene, but I think it is important to because I have just visited Bournemouth Crown court and magistrates court, and the people there talked about that question of sickness. They talked about the fact that their staff have been carrying the load for so many members of a team who were not in place because they had seen austerity. Many staff in the Crown court system may be going on to sickness leave because they are burned out. They are burned out from years of cuts. Does the hon. Member not recognise that we need to invest in our Crown court system so that they can get back on their feet and our criminal justice can also get back on its feet?

[Sir Ashley Fox]

In my experience, staff absence is normally the result of poor management. I suspect that the Ministry of Justice is managing its staff significantly worse than the rest of the civil service if staff sickness is 30% above the public sector average, which is not great to begin with. With approximately 16,400 staff in the court service, simply reducing the rate of absences to the civil service average would free up nearly 50,000 working days. That would help cut the backlog without undermining the principle of a fair trial.

We know that this Government have a habit of making bad decisions, getting ambitious Back Benchers to defend them for a few months and sending a hapless junior Minister out to face the media while the Secretary of State hides in his office, only at the last minute to realise what a disaster the plans are before executing a U-turn that comes far too late for them to gain any credit. We have seen that on winter fuel, welfare reform, the grooming gangs inquiry, the two-child benefit cap and, most recently, the family farm and family business tax, so I urge Labour Back Benchers to be very cautious about supporting the Government this evening. They risk voting for something that their constituents do not want and that in their hearts, they know is wrong. Ultimately, they know that late in the day, the Government will back down, leaving their credibility in shreds.