Yasmin 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, 9 hours ago)
Commons ChamberI welcome much in this Bill, including the investment in legal aid, the additional sitting days and the funding for our courts. However, I want to focus my remarks on two proposals within it: the restriction of jury trials for either-way offences, and the removal of the automatic right of appeal from the magistrates court to the Crown court.
I speak as someone who began their legal career as a prosecutor in the 1990s. The kind of backlogs we see today simply did not exist in those days, even though more cases were heard in the Crown court because magistrates had sentencing powers of only six months. The delays we face today are not caused by jury trials. I remember that as shadow Justice Minister I repeatedly challenged the previous Conservative Government about the consequences of the decisions they were making. Courts were closed, judicial sitting days were cut, court staff were reduced, and legal aid was placed under enormous strain. At the same time, the system had to cope with the demands of modern digital evidence, delays in disclosure, problems with prisoner transport and the disruption caused by covid.
The Government argue that these reforms are necessary to reduce the Crown court backlogs, and often point to the delays faced by victims of sexual and domestic abuse. I take those concerns very seriously—a substantial part of my career as a prosecutor was spent as a designated child and sexual abuse specialist and rape specialist. I worked closely with victims, witnesses and families affected by these traumatic offences. If I believed that the abolition of jury trials would genuinely allow those cases to be heard more quickly, I would support it, but I do not.
There is also the issue of removing the automatic right of appeal from the magistrates court to the Crown court. This change will disproportionately affect defendants from poorer backgrounds who may not have legal aid representation. We know that a significant proportion of those appeals succeed, which raises serious concerns about access to justice.
These two proposals will disproportionately impact the most vulnerable in our society, particularly those from socially, economically and educationally deprived backgrounds. My constituency ranks as the 38th most deprived in the country. For many of my constituents, the criminal justice system already feels distant and difficult to navigate. We should be careful not to introduce changes that risk criminalising and disadvantaging them even further.
There are real reforms that could address the delays. The first and foremost is the Labour party’s commitment to having properly funded specialist rape courts. I know that lawyers and judges will be prepared to sit at weekends to tackle those cases. Secondly, we could be more like the civil system, where timelines are set so that cases progress properly. If any of the parties do not act properly, there could be financial sanctions for them. I know we will be opening more courts and courtrooms, but we need to expand the number of judicial sitting days. We also need to review the contracts with Serco and other bodies that produce defendants in court, because a lot of delay is caused by defendants not being produced at court. The prosecution and the police need to be able to present their evidence to the defence as soon as possible, and the defendant needs to be legally represented, so that additional evidence can be considered. As a result, we could have pleas at a much earlier stage. We need to look at those things first, put them in place, and see what happens, before we get rid of or restrict jury trials.