Courts and Tribunals Bill (Fifth sitting)

Tristan Osborne Excerpts

Thursday 16th April 2026 Public Bill Committees

[Sarah Sackman]

I do not want to labour the analogy—forgive the pun—but in many senses, we do allow that. Under this system and the reformed system, we preserve the right of the defendant to appeal. Having allocated the trial to the venue, be it judge-only or the magistrates court, if the outcome is perverse in some way or the defendant takes issue with it, they can appeal the verdict, provided that there is a proper legal and rational basis for doing so.

[Tristan Osborne (Chatham and Aylesford) (Lab)]

The Minister cited Scotland as a good example within the United Kingdom. Scotland has seen a significant drop in the backlog of cases over the last several years, partly as a result of the system that she has explained. Does she think that the modelling within our country—some of the best practice we have seen in Scotland—might be a solution for England and Wales?

[Sarah Sackman]

I think there is some consensus here. We are all extolling the virtues of our system. As the Minister with responsibility not just for courts, but for legal services more generally, promoting our legal services and courts around the world, I am very proud of that. Being proud of our system in England and Wales, however, does not mean that there are not things that we can learn from other jurisdictions, particularly where they are producing better outcomes in timeliness or in the treatment of minorities, women, rape and serious sexual offences. It is why I went to Canada to learn from practitioners and judges there. We will take the lessons from wherever we find them. I will pick up later on the point about regional differences, because we must always learn lessons, whether internationally or closer to home.

Courts and Tribunals Bill (Fourth sitting)

Tristan Osborne Excerpts

Tuesday 14th April 2026 Public Bill Committees

[Dr Mullan]

Nothing that I have said is in disagreement with that. The point we are making is about whether that reflects the wider, individual views of all the people who work for the CPS. I am not aware that the CPS, for example, undertook an internal staff survey. Does the hon. Lady want to intervene and tell me whether the CPS asked people about that? I am not aware that the CPS undertook an internal consultation exercise. Did the CPS consult all the many people who work for it and say, “This is our position. This is what we think”? How did it come to its view about these decisions?

The hon. Lady is very welcome to intervene and talk about how the CPS formulated its position in the way that she sought to talk about it, covering all the different people who work for the CPS. As I explained to her, I know there are people who work for the CPS who do not agree. She may well know people who do agree, but some do not agree. I took the liberty of re-contacting one of the people who works for the CPS over the Committee’s lunch break. Their—quite rightly—anonymous and private view, which they are entitled to hold and express to me is that, as a prosecutor, we should all be very worried when a state prosecutor wants to do something that further curtails the rights of defendants. I might not express it in those terms, but that is how someone from the CPS expressed it.

The hon. Lady is absolutely right to say that the formal policy position of the organisation of the CPS is as she described, but she was not right to refer to it as being meaningful because it covers lots and lots of people who have had no formal engagement whatsoever in helping the CPS to come to that conclusion. It is a bit like the Minister getting up and saying, “The Ministry of Justice is a big organisation and we all think this is what should happen.” The Minister knows that her civil servants are asked to produce policy; what they actually think about it and whether they agree with it is totally irrelevant, and she would never use the size of the organisation to add weight to the strength of her argument, because it is nonsense. As I pointed out when His Majesty’s Courts and Tribunals Service gave evidence, people are not allowed to give their individual views; it is a policy position that the organisation has to hold.

[Tristan Osborne (Chatham and Aylesford) (Lab)]

One could make that point about any organisation, including those that support the hon. Member’s argument: they are, broadly speaking, representative bodies and they cannot speak for everyone within the organisation. In that case, do we accept any representation from anyone, on the basis that one person in any organisation might not agree with their management team? We have to have a basis of evidence and an organisational view that comes through that organisation is its relevant viewpoint. Would he agree with that?

[Dr Mullan]

There is a fundamental difference between the CPS and, for example, the Criminal Bar Association, which is a representative organisation—its job is to represent its members. The CPS is not a representative organisation of its employees. The hon. Gentleman is comparing totally different things. I will absolutely listen to organisations whose job it is to advocate for the people they are representing. That is not the job of the CPS. The job of the CPS is to prosecute. The CPS has a view and a policy position that does not represent its staff.

Courts and Tribunals Bill (First sitting)

Tristan Osborne Excerpts

Committee stage
Wednesday 25th March 2026 Public Bill Committees

[Jess Brown-Fuller]

Q Thank you all for being here; I am very grateful to you for coming to give evidence to the Committee. Farah, you mentioned the presumption against parental responsibility. I agree that that is a really important step that the Labour Government are taking, but the rest of the family court process is currently out of this Bill’s scope. Could anything fundamental be introduced into this Bill to make the experience better for victims, who often go down a twin-track approach through the criminal courts and family courts?

Farah Nazeer: Thank you for the question. There are a few things around presumption that could make a big difference. One is training for the entirety of the court staff, because the stories that we hear and the experiences that we support women and children through are frankly appalling. The staff are not trauma-informed and there is no understanding of what a victim is going through. The courts are weaponised and survivors are brought back to the courts repeatedly. It is an appalling process. No policy area that you work on at Women’s Aid is a picnic, but this is the worst. People describe the trauma that they go through in the family courts as worse than the trauma that they endured through the abuse that they experienced.

One thing is for the court system to understand domestic abuse, understand sexual violence, understand coercive control and be trauma-informed. That means having processes in which a survivor knows what is happening, understands what the next steps are and is supported through the system, and having separate places where a survivor can be. Some of it is quite basic, but it is really important to improving the survivor experience.

Another thing is the regulation of experts. We often have unregulated experts coming into the family courts to provide expertise and advice to the judge on what is happening in a relationship. You would not have unregulated experts in any safeguarding context; it is absolutely wild that you would have that. One thing we really want to see is regulated experts: psychiatrists and psychologists who are regulated by the appropriate body, rather than, seemingly, people who are just not.

The last thing that I want to focus on is the concept of parental alienation, which is often invoked in family courts. It is a concept that is not evidenced and is not recognised in psychiatric or medical practice, but it is often invoked as a concept to defend against claims of domestic abuse. What needs to happen is a child’s safety being put at the heart of the decision by a regulated expert, by a trained judge. If you get that right, you immediately improve the experience for survivors and children, and you improve the safeguarding around survivors and children. Those three things are absolutely critical to changing the culture and the experience and to ensuring safety.

[Tristan Osborne (Chatham and Aylesford) (Lab)]

Q Thank you for your testimony so far and for your bravery. Morwenna, you mentioned that you waited two and a half years before your court date. My apologies for going into the detail, but can you go through the stresses and strains of that wait and its impacts on your life and possibly on other victims as well?

Morwenna Loughman: Absolutely. One thing that kept me going—I was so close to pulling out multiple times—was that I had this sense that he had done it before. In fact, what I was later told—it was not admissible, but under the Bill it would become admissible—was that he had broken his ex-partner’s leg repeatedly and raped her as well. His defence barrister stood in front of the judge, the jury and me, and said, “This man has never hurt a woman.” Given that this man was out on bail and repeatedly breaching his bail conditions, brutal is the word. I cannot overstate the impact that that has on victims. It was devastating. I did not look people in the eye for two years. I wore a hat everywhere I went so I could hide my face, because he could have been anywhere. I had to move out of my home. My home became a crime scene. I lost my job. It was daily torture. I echo what Natalie Fleet said the other week in the House of Commons: that the one thing worse than being raped is waiting four years or more to hear if people actually believe you.

[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.

Courts and Tribunals Bill

Tristan Osborne Excerpts

2nd reading
Tuesday 10th March 2026 Commons Chamber

[Tristan Osborne (Chatham and Aylesford) (Lab)]

First, I pay tribute to all the hon. Members across the Chamber who have contributed to the debate with their life experiences, from barristers and prosecutors to criminal justice experts, as well as the powerful victim testimony we have heard. I welcome to the Gallery those victims who have put themselves forward and articulated their convictions to improve the lives of all our residents and communities; I thank them and salute them for their service.

I thank Sir Brian Leveson for the time he took in coming forward with his proposals and Ministers for the time they have given to me. I have held Westminster Hall debates concerning Kent court waiting times and found Ministers to be respectful and to engage on issues; I thank them for that.

As a former police officer, I always say that you should judge an individual on their patterns of behaviour, and as many of my hon. Friends have said, we inherited a terrible situation in our criminal justice system, with see-sawing numbers of police officers, morale at a record low and a rise in crime. We saw the botched privatisation of the Probation Service, and the prison system was left in a state of disrepair when we inherited it in July 2024. I am afraid that the Conservatives’ track record, which is in the dock today, is part of the reason we are debating these issues.

As a member of the Public Accounts Committee, I know that the National Audit Office report, “Reducing the backlog in the Crown Court” was clear. The Leveson report gives a number of solutions to reducing the backlog. I will touch on a couple of points in the minute and a half I have remaining.

First, the criminal justice system has never been preserved in aspic. We have seen evolution over time as sentencing guidelines have changed, and we have seen different types of cases referred to and dealt with in the magistrates court. During the last Government, magistrates’ sentencing powers were extended to 12 months. We have also learned from Canada and Australia, which have gone through similar challenges on these issues and got into a stronger position. We should learn those international lessons. The criminal justice system is always evolving.

Secondly, I welcome the investment—an extra £2.2 billion —in the criminal justice system. That will reform our courts, with a removal of the cap on court sitting days, and digital improvements. Fundamentally, my constituents want to see justice delivered, and I cannot stand idly by when people in my surgeries are waiting three to four years for their court cases to be heard because of a failed system.

All these reforms should be debated in Committee. I am disappointed that the Opposition will not vote for the Bill to support that process.

Oral Answers to Questions

Tristan Osborne Excerpts

Wednesday 5th November 2025 Commons Chamber

[The Deputy Prime Minister]

The hon. Lady knows that we have 80 years of convention, and it is for the Chancellor of the Exchequer to present her Budget later on this month. I say gently to her: it was under her Government, in which her party was in coalition with the Conservatives, that we saw austerity right across our country; and she will know that there are major parties that are proposing austerity again. I know that the Chancellor will do everything she can to continue, as she set out yesterday, to invest in our NHS and in our public services.

[Tristan Osborne (Chatham and Aylesford) (Lab)]

Q4. The leader of my local council, Kent county council, has said that they are a “shop window” for Reform UK. With councillors facing criminal charges, inappropriate conduct and behaviour, a defection, five expulsions, a failed DOGE-inspired cost-cutting drive and an authoritarian leader who shouts and swears at colleagues, does the Deputy Prime Minister agree that the people of Kent deserve so much better? How will the Government ensure that we deliver higher standards in local government?

[The Deputy Prime Minister]

I see the hon. Member for Clacton (Nigel Farage) in his seat. This may be the first time I have seen him at Prime Minister’s questions. Reform said that Kent county council would be the best advert for what a Reform Government would look like, and they are delivering on the chaos that they promised. On standards in public life, I say to the hon. Gentleman— [Interruption.] This is serious. I used to replace the hon. Gentleman on LBC, so we have known each other for many years. The disgraceful, racist language that we heard from a Reform MP last week belongs in the dark ages, and he should condemn it.

Criminal Courts: Independent Review

Tristan Osborne Excerpts

Tuesday 14th October 2025 Westminster Hall

[Tristan Osborne (Chatham and Aylesford) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Efford. I thank the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for this debate. He will be aware that there have been a number of debates on this salient issue here and in the other place. Nationally, the court backlog across England and Wales now exceeds 78,000. It is a problem that has been inherited, but we need to acknowledge it and face up to the challenge.

In my local area, Maidstone Crown court has 2,500 cases outstanding, while Canterbury has 1,000. I have met victims as well as those working on the frontline of the criminal justice system, and I acknowledge some operational challenges that I intend to raise today. Every single case we have heard from colleagues represents real people—real victims and defendants who are not getting their time in court. Defendants are suffering the concurrent mental health conditions of waiting for a sentence and victims are not getting redress.

As my colleague from the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), rightly said, if we do not tackle this issue, it is predicted to get worse, with 100,000 cases by 2030 if no changes are made. I welcome the Government’s announcements of an extra £92 million for legal aid so far this year and an additional 4,000 court sitting days, taking us to 111,000. That is a necessary step, but it is also right that we have commissioned Sir Brian Leveson, one of our most distinguished judges, to conduct a wholesale review of our criminal courts, and it is in an independent spirit that he has come forward with these guidelines.

There are 45 recommendations. I think it is eminently sensible that we look at out-of-court resolutions to a number of cases where the sentencing is below a certain threshold. The two-year threshold is sensible; it could be higher, but the Government will need to take a balanced approach on that when they respond to part 1 of the report.

I also think that the reclassification to summary-only offences, so that magistrates get more responsibility, is eminently sensible, because at the moment the number of referrals going into Crown courts is simply too high. The creation of a dedicated Crown court bench commission is a sensible next step; I look forward to seeing how that will work in practice, given that we have logistical and staff constraints within this sector at present. I understand that the recruitment of 6,000 extra staff might be required, which will be a challenge. The incentivising of early resolution through sentence reductions is also sensible—it is a practice we are already employing, but it can be expanded. Of course, all these suggestions will only reduce cases by 9,000 court sittings per annum on average, so it is right that we are speaking to the public about these issues and I look forward to the Government response.

I have one minute left. I have spoken to the Minister in previous Westminster Hall debates about my local courts in Kent. There are some operational issues as well, and I acknowledge some of the concerns raised by colleagues, including the increasing use of digital technologies in courts and the improvement in capital finance to improve court premises, some of which are falling apart, and to fix leaking roofs. I have also raised independently the movement of cases across artificial geographical boundaries, so that we can spread caseloads across other parts of the county and other regions. There must also be greater support, including greater human resources support, for justice offices and casework officers working in our court systems, so that we can get the cases through.

I will continue partnership work with the Government, but I welcome part 1 of Leveson’s report and I encourage Members to support it.

[Clive Efford (in the Chair)]

The Front Benchers have 10 minutes each and I intend to call the mover of the motion with a couple of minutes to sum up the debate.

Oral Answers to Questions

Tristan Osborne Excerpts

Tuesday 16th September 2025 Commons Chamber

[Freddie van Mierlo (Henley and Thame) (LD)]

12. What steps he is taking to tackle backlogs in the courts.

[Tristan Osborne (Chatham and Aylesford) (Lab)]

14. What steps he is taking to reduce the length of waiting times in the Crown court.

--- Later in debate ---

[Mr Lammy]

We must have swifter justice for victims of rape. When I was shadow Justice Secretary, I was appalled that under the previous Government we got to a position where we had almost decriminalised the situation because there were so few prosecutions. There must be justice, and that means swifter justice.

[Tristan Osborne]

In west Kent, an initiative to share the resource of Maidstone Crown court with Woolwich Crown court is spreading cases into areas where there is not such a backlog. Can the Government indicate whether that is being openly considered in other parts of the country so that we can spread the backlog across different areas?

[Mr Lammy]

It is absolutely the case that where courts are coming together and being proactive, we are seeing progress. I look forward to looking more closely at the example of Maidstone and Woolwich. My hon. Friend is absolutely right that that is the way forward.

Sentencing Bill

Tristan Osborne Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Tristan Osborne (Chatham and Aylesford) (Lab)]

Every single one of us is here because we want to deliver justice for every one of our constituents. As a former police officer, it has been really welcome to hear of the lived experiences of barristers, criminal prosecutors and people who have worked in our Prison Service, because it is their expertise that makes this place deliver for people.

As a former police officer, I know that this Government have inherited a criminal justice system on the brink of collapse after 14 years of Conservative neglect. I can see that the early release scheme has been in action tonight, with Conservative Members being absent. Probation was hollowed out and police numbers see-sawed; they were cut in the early part of the Conservatives’ tenure, only to grow later after crime rose. The stark truth is that the Conservatives left prisons full at the end of their term; they know that, and they have never apologised for that derogation of responsibility. The Conservative party is the party of law and disorder, and this is its failure. No matter the gimmicks of the shadow Justice Ministers—whether it be chasing people in tube stations or climbing lamp posts—that record will have been on their watch. That is why this Bill is so urgent.

We know that the number of prison places is growing, with 14,000 more before the end of the decade. We have a Government who are finally stepping up and listening to the public when it comes to putting people in prison, but we know that that cannot be the only solution and that we need to adopt other approaches. That is why the Sentencing Bill is so necessary; it recognises that capacity must be built, but also that sentences must be reformed so that the right people are behind bars for the right length of time and the public can have confidence in justice. Our prisons should not be a revolving door for ever more prison experience and criminals rotating through the system, and we need to change that.

This Bill takes a clear-eyed approach. Let us be clear about this: dangerous offenders and those posing the highest risk will continue to serve long sentences—no ifs, no buts. For most offenders, though, we will move towards an earned progression model. Behaviour in custody will determine how much of a sentence is served. As we have learned from the States, that is a model that works, and I look forward to seeing it develop in action, overseen by Ministers who will consult with the professional bodies and prison staff. I welcome the reforms to the way in which we approach sentencing, listening to professionals such as The Times’ Crime and Justice Commission and David Gauke so that we can have a system that delivers the outcomes we want. This shift is not about being soft; it is about being smart and ensuring that punishment is effective.

I am conscious of time, Madam Deputy Speaker. The Bill is not perfect, and I look forward to improving it in Committee, working with all Members. It learns from the failures of the past, of which there are many; it builds on the findings of an independent review; and it balances punishment, deterrence and rehabilitation. I hope Members will support it today.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

That is the end of the Back-Bench contributions. I call the shadow Minister.

Victims and Courts Bill (Third sitting)

Tristan Osborne Excerpts

Committee stage
Thursday 19th June 2025 Public Bill Committees

[Dr Mullan]

Absolutely, and it would be for the judge to decide in all circumstances whether it is appropriate. I will be happy after this sitting to send the footage from that case, and the evidence of someone successfully being gagged by having tape placed over their mouth. This is really simple stuff that is being done in other parts of the world and I do not understand why Members find it so difficult to understand.

[Tristan Osborne (Chatham and Aylesford) (Lab)]

The hon. Member is clearly suggesting using physical restraining techniques in a court setting. Does he agree that those techniques could be used in any other part of court proceedings, including, perhaps, during the trial itself? We would be setting a precedent for our system here. It would not just be about sentencing; you are arguing that we can use physical restraint, including gagging, within the court setting, which is not currently what we do in our courts.

Victims and Courts Bill (First sitting)

Tristan Osborne Excerpts

Committee stage
Tuesday 17th June 2025 Public Bill Committees

[Caroline Voaden]

Q Do you not have any concerns about the quality of the service if you are widening the pool to people with other qualifications?

Sarah Hammond: There is a balance between ensuring that we widen the service and not letting professional standards drop. We have a very comprehensive induction and training programme for Crown prosecutors. They have a 12-week induction programme when they join us. For those who join us who perhaps do not have experience of criminal law or have stepped out of criminal law for a while, there is also a separate course that serves as a refresher into the basic principles of criminal law. I am happy that there are some safeguards and training in there to ensure that prosecutors are of the standard we require.

[Tristan Osborne (Chatham and Aylesford) (Lab)]

Q I have two questions. The first relates to queries raised around the associate standard, for which you are looking to recruit. Are there any minimum standards that you would look for in any candidate for the new associate roles, and what is the current vacancy rate at the CPS that we need to fill through this? The second question concerns private prosecutions. Do you think there will be any potential impact on the CPS in terms of an increase in the use of private provision and prosecutions?

Sarah Hammond: If I may, I will take the first question in two parts. I do not have that figure on the current recruitment rate with me today, but we can write in and let you have it. On minimum standards, we would have an interview process for people to become Crown prosecutors. There would be minimum standards for people to pass that interview stage, and we would not lower them just because we are broadening the pool of Crown prosecutors. It is important that professional standards do not slip.

I am not aware of any reason why private prosecutions would increase as a result of the particular recruitment issues, but if that is problem, obviously we will look into it, and work with our colleagues on that as well.

[Jack Rankin (Windsor) (Con)]

Q A quick question: would you support the publication of sentencing remarks to support transparency, and to enable victims to reflect on what was said in court?

Sarah Hammond: Ultimately, that is a matter for the Government. There is clearly an argument for victims to be able to see that justice has been done. It will also potentially help with appeals for unduly lenient sentences if victims are able to access the sentencing remarks, so they can see the basis upon which the sentence has been passed.

--- Later in debate ---

[The Chair]

I think we will pass on that, if we may. I will go to our last question from Tristan Osborne, but we have to be quick.

[Tristan Osborne]

Q My first question on the commissioner’s powers has already been asked. My second question is on magistrate powers in the Bill. Obviously, six provisions have been included, and you mentioned last year that court backlogs are a real issue. Are there any other powers, within the magistrates’ powers that have been granted, that you would seek to include that would reduce the timeframes and also ensure victims’ redress?

Baroness Newlove: We are going to wait for Sir Brian Leveson’s report, because it does not matter what I say. It matters what Sir Brian comes up with. However, as my background is working with magistrates and Crown courts, I am looking at district judges, or DJs—who used to be called stipendiary magistrates. I want to see more of them, because I can assure you that if you have a stipendiary magistrate—and there are only two laypersons, by the way, and this is one—the professionals have to get their act together. It depends on what Sir Brian Leveson is looking at, and—

[The Chair]

Order. I am very sorry to interrupt, but we are at the end of the time allotted for the Committee to ask questions. On behalf of the Committee, I thank our witnesses for their evidence.

Examination of Witnesses

Rebecca Bryant and Charlotte Hamilton-Kay gave evidence.