Criminal Courts: Independent Review Debate
Full Debate: Read Full DebateYasmin Qureshi
Main Page: Yasmin Qureshi (Labour - Bolton South and Walkden)Department Debates - View all Yasmin Qureshi's debates with the Ministry of Justice
(1 day, 16 hours ago)
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It is a pleasure to serve under your chairmanship, Mr Efford. I am grateful to the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for securing this debate.
It is right that this House examines Sir Brian Leveson’s review with care before any legislation is brought forward. I spent many years at the Bar, as a prosecutor as well as a criminal defence lawyer, before becoming an MP. While an MP, I have served on the Justice Committee and for a number of years was shadow Minister for justice, prisons, probation and courts. During that time, I challenged Ministers at the Dispatch Box many times about the record delays to cases in the Crown court.
When the Joseph Rowntree Foundation recently asked the public which rights should be protected in a Bill of Rights, two things topped the list: the right to NHS care and the right to trial by jury—a constitutional safeguard rooted in public trust. Sir Brian’s report exposes the scale of the crisis: record delays, cases listed years into the future and justice slipping beyond reach. Yet in Bolton South and Walkden, as a result of the current Government’s expansion of court sitting days, we have been able to reduce some of the backlog.
Capacity is not just about buildings, however—it is about people. Not only juniors, but senior barristers are leaving criminal practice because the fee structure cannot sustain a career. Judicial shortages mean that we lack the judges, recorders and district judges we need to run additional courts. That has not happened by accident. It is the result of 14 years of Conservative Government political decisions on court closures, cuts to sitting days and erosion of legal aid.
Before contemplating such constitutional changes as limiting jury trials, we should act on the most basic recommendations in the review—for example, increasing sitting days now and using courts to their full capacity. If we want earlier guilty pleas, the defendant must have access to timely legal advice, which also means that the fee structure for payment must be re-examined.
There are many sensible proposals in the review, including support for criminal pupillages and improved case preparation, but they honestly cannot justify removing the right to a jury trial or curtailing the right to appeal, particularly when more than 40% of appeals from magistrates courts to the Crown court currently succeed. We cannot resolve delay by reducing scrutiny or by getting rid of jury trial, one of the foundations of our civilised society. I know that some changes have already been made, but jury trial is fundamental to our system. We need reform, but it must be to strengthen trust, not to weaken it. When justice fails, not only do individuals suffer, but confidence in our entire system is lost.