Courts and Tribunals Bill (Fourth sitting)

Yasmin Qureshi Excerpts
Tuesday 14th April 2026

(1 day, 17 hours ago)

Public Bill Committees
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Rebecca Paul Portrait Rebecca Paul
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I thank the Minister for that explanation. I hope she will bear with me as I try to take it on board.

Clauses 1 and 2 amend the Magistrates’ Courts Act 1980 so that a defendant charged with an either-way offence is no longer able to elect trial by jury. As was clearly established earlier today, that right to elect is entirely abolished by clause 1. Instead, it will be for the magistrates court alone to decide where the case should be tried; it can either remain in the magistrates court or go up to the Crown court. Clause 2 deals specifically with situations where there is a written indication of a guilty plea.

Section 17ZB of the Magistrates’ Courts Act, as inserted by section 6 of the Judicial Review and Courts Act 2022, sets out that the court can, on the material before it, without any hearing or representations, be satisfied that it is highly likely that, were the accused to plead guilty at summary trial of the offence in question and be convicted, the court would commit the accused to the Crown court for sentencing. Section 17ZB(5) then provides the accused with the opportunity to object to being sent to the Crown court for trial for the offence. Clause 2 amends that so that the accused and the prosecutor do not have the option to object and can instead only make representations as to whether the sentencing powers of the court would be adequate.

I note that “Crown Court” in the original section 17ZB is replaced with “court”. I assume that that refers to either the magistrates court or the Crown court, but I would be grateful for the Minister’s confirmation and explanation of that quite technical point, and of how it works with the Crown court bench division in the mix. The Bill’s explanatory notes suggest that it just means the magistrates court, but I went through the law— I should say that I am not a lawyer, but I dug it all out and read it—and, like a lot of Committee members, I am thoroughly confused. Normally, if something is logical and makes sense, I can follow it, so I am worried that it does not quite tie together. I am worried, even though I cannot quite articulate why, that the fact that the section will now just say “court” introduces some ambiguity. How is that defined? Quite often, these little bits of detail can be the speck of sand in the eye that can cause more problems than we realise.

This is a very technical issue, and I appreciate that it is difficult to go into it here and that the Minister is very good on the technical side of things—we have worked together on other things with very technical points, so I know that she is very thorough—but I think it is worth going through it again and making sure that the whole thing hangs together, so that we do not end up in a situation where the wrong place is doing sentencing or the wrong estimate of a sentence is made, and there is no way to unwind it. I am just a bit worried that there is potential for some problems to come out of this.

I appreciate the Minister’s helpful clarification that section 17ZB has not yet been commenced. However, if it had been, or if it were to be in future, it would, in a similar way to clause 1, remove powers and rights from defendants and give them less choice in how justice is dispensed in their case—essentially, a roll-back of rights. As I mentioned, I think we need to look at what will happen if the sentence estimate is wrong and how that will work its way through.

I thank the Minister for explaining that the provision is procedural, but it still strips people of the right to object and replaces it with the much weaker right merely to make representations. The explanatory notes are really clear on that point, even if they are not clear on a lot of others. They say that the changes made in clause 2

“remove the ability of the defendant or the prosecutor to object to the case being sent to the Crown Court for sentence”,

and instead create

“a process for each to make representations about whether the magistrates’ court’s sentencing powers would be adequate.”

That might have no impact if the section is never commenced, but if it ever is commenced, and we do not make sure that we have got clause 2 right, it may cause a problem and prioritise convenience over procedural protection.

When someone’s liberty, livelihood and reputation are at stake, it is a serious thing indeed to say that they may no longer object and may only make representations. Once again, the defendant is being moved further from the centre of the process, and the state closer to it. That is not right. Earlier in today’s proceedings, the Minister was reminded from the Opposition Benches that the legal system is balanced in favour of the defendant. That is not the spirit in which this change is being made. Indeed, that is the common thread running through clauses 1 and 2: at every stage, the defendant’s agency is reduced and the system’s convenience is elevated. The Government call that reform and improvement, but it is not; it is a distortion of our centuries-old legal protections.

There is a broader point here about confidence in the justice system. If the Government’s answer, again and again, is that defendants should simply trust the state’s estimate of seriousness, trust the allocation decision, trust the sentencing forum and trust that everything will work out in the end, that is not a strengthening of justice. It is a narrowing of the safeguards that make justice legitimate in the first place and will do nothing to address the backlog, which I recall was supposed to be the rationale for making these changes in the first place. Clauses 1 and 2 in combination are not what is required to address the Crown court backlog.

It appears that the backlog may be starting to come down already, as a consequence of uncapped sitting days and other changes that have been implemented, so why are the Government not taking a more cautious approach and exhausting all the good ideas that we have heard from expert witnesses before taking a sledgehammer to jury trials? Obviously, the first problem to address is the fact that up to 24% of Crown courts are not sitting on any given day, and getting the many defendants who arrive late to court there on time would be transformational. Why are we not solving those much more straightforward issues before pressing ahead with exceptional structural reform? We need to get the basics right, address inefficiencies and, most importantly, listen to those who know how to do it, such as the Bar Council and circuit leaders, and learn from the courts that are already making progress, such as Liverpool.

The Government are absolutely right to take the backlog issue seriously, but it is wrong to think that limiting jury trials will improve the situation. It could make the whole situation worse by creating years of transition and uncertainty and by moving one backlog from the Crown courts over to the magistrates. Furthermore, the cases moving over will be more complex, more technical and more sensitive. The Government are about to create a massive backlog in the magistrates court, which will then start to impact on low-level cases such as speeding offences.

I say that the Government should be more cautious because they have already accepted that there are other levers available. Ministers have announced that there will be no cap on Crown court sitting days next year, and that both the Crown court and magistrates courts will be funded at their highest ever operational level. That is much welcomed, but if the Government say that investment and capacity matter, why on earth would they not wait to see the full effect of those changes before pushing ahead with exceptional constitutional reform?

The Opposition position on that has been perfectly clear. On Second Reading, the Opposition’s reasoned amendment did not deny that the backlog is serious, but argued that the right answer is to improve case management, encourage earlier pleas, increase sitting days, increase the hours per day that courts are able to sit through better use of technology and improve the efficiency of prisoner transport. Those are practical, common-sense reforms; they go with the grain of the system, rather than taking a sledgehammer to jury trials and then hoping for the best.

The Government’s own impact assessment rather proves the point that this issue is as much about shifting pressure as solving it. It estimates that removing the defendant’s right to elect for jury trial would reduce crown Court demand by around 16,000 sitting days, but at the same time increase magistrates court demand by around 8,500 sitting days. The same document expressly recognises that reallocating cases to the magistrates courts is expected to increase the open caseload there and is likely to extend waiting times for hearing and sentencing in that jurisdiction. Even on the Government’s own figures, it is not some clean efficiency saving. It is a transfer of burden into a part of the system that is already under strain.

That is why clause 2 is more important than it first appears. Clause 1 removes the right to elect. Clause 2 then narrows the ability to resist where a written guilty plea is involved. Piece by piece, the Bill is building a system in which more serious, either-way cases are kept down, defendants have less say and the magistrates courts are expected to absorb ever more complexity. Ministers may present each provision as a small adjustment in isolation, but taken together, they amount to a very significant constitutional and practical change.

That change also carries transition risk. The Government are assuming that work currently taking place in the Crown court can be absorbed more quickly elsewhere. I know I am not telling the Minister anything that she does not already know, but the magistrates courts are not just a spare room in the system waiting to be filled. They will have to take more serious, more technical and more sensitive cases while continuing to deal with the huge volume of everyday criminal business that only they can process.

If the Government get this wrong, they will not have solved the backlog. They will simply have displaced it and degraded the quality of justice in the process. My plea is a simple one: “Proceed with caution. Let the effect of unlimited sitting days bed in. Fix the operational failings that everybody in the system can already see. Get defendants to court on time. Keep courtrooms sitting. Use technology better. Learn from the parts of the estate that are already improving, but do not dress up the removal of long-standing protections as if it were the only grown-up response to backlog. It is not. It is simply the most drastic one.”

That is why I cannot support clause 2. On its own, it may look technical, but in context it is part of a broader attempt to reduce rights, safeguards and the defendant’s role in how justice is administered. That is the wrong direction of travel.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South and Walkden) (Lab)
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I rise to ask about two things. First, for clarification on what clause 2 is actually trying to do, because, like the shadow Minister, the hon. Member for Bexhill and Battle, and like the hon. Member for Reigate, I was very confused by it. I read it many times and read the explanatory note as well. In desperation, I even went on to ChatGPT to see whether it could explain to me what clause 2 is trying to do.

I hope the Minister will bear with me: as I understand it, the procedures in the magistrates court are as follows: If it is a summary case, then the case stays in the magistrates court—the sentencing, trials and so on—and nobody has any right to go anywhere else. If it is an indictable offence, it has to be heard in the Crown court. There is no discretion and it is nothing to do with the magistrates court. If a defendant is charged with an either-way offence—this is the whole point of a jury trial—it has always been the case that he or she can turn up in court and say, “I plead guilty.”

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Trial on indictment without a jury: general rule for allocation
Yasmin Qureshi Portrait Yasmin Qureshi
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I beg to move amendment 23, in clause 3, page 5, line 25, leave out “the condition” and insert

“one or more of the conditions”.

None Portrait The Chair
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With this it will be convenient to discuss the following:

Amendment 39, in clause 3, page 5, line 26, at end insert—

“or,

(c) the defendant demonstrates to the court that the circumstances of his case are such that to be tried without a jury would amount to a breach of the principles of natural justice.”

This amendment would ensure that trials by jury continue for indictable offences carrying a sentence of less than three years in prison if the defendant can demonstrate that it would be in the interests of natural justice.

Amendment 24, in clause 3, page 5, line 28, leave out subsection (5) and insert—

“(5) The conditions in this subsection are met in relation to a defendant if—

(a) the defendant, if convicted of the offence or offences for which the defendant is to be tried, would be likely to receive a sentence of imprisonment or detention of more than three years for the offence or offences (taken together);

(b) the defendant is of good character;

(c) the defendant has not previously been convicted of an imprisonable offence;

(d) the defendant would be treated as a rehabilitated person under section 1 of the Rehabilitation of Offenders Act 1974;

(e) if convicted of the offence or offences for which the defendant is to be tried, would likely suffer significant reputational damage or have their employment or professional qualifications adversely affected;

(f) there are reasonable grounds to believe that the gravity or complexity of the case may increase; or

(g) other exceptional circumstances pertain to the case.”

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Yasmin Qureshi Portrait Yasmin Qureshi
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I will not press these amendments to a vote, but I want them to be debated; they are probing amendments. Amendment 23 was tabled by me and my right hon. Friend the Member for Hayes and Harlington (John McDonnell). At the moment, the proposed legislation only has one condition; I would like to put in more than one condition to be met when the courts are considering whether a case should go to the Crown court.

Amendment 24 sets out the conditions that I wish the Committee and the Minister to consider: when there is discussion or consideration about whether a case should be sent to the Crown court, they should look at whether

“the defendant, if convicted of the offence…for which the defendant is to be tried, would be likely to receive a sentence of imprisonment…of more than three years”,

which is what the Government have initially proposed. I also say that whether the defendant is of good character is a completely relevant consideration, along with the considerations in paragraphs (a) to (g) of the amendment.

I will explain the rationale behind that proposal. We have spoken about the fact that there are people of previous good character, who may be in a different position from people who have convictions, who could go to the Crown court. That is one good argument to make but, for me, when we are trying to restrict an either-way right of trial, the fact that someone is of good character is a relevant consideration. All the conditions I have set out should also be included in the Bill so that they are considered by the court when determining where the case should be heard.

Courts and Tribunals Bill (Third sitting)

Yasmin Qureshi Excerpts
Tuesday 14th April 2026

(1 day, 17 hours ago)

Public Bill Committees
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Siân Berry Portrait Siân Berry
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The Scottish Green party is a separate party from the Green party of England and Wales, so I cannot vouch for its policies. However, the Green party’s justice policies look in the round at what is effective in reducing crime, rehabilitating offenders and improving society, based on evidence. I am sure that the Scottish Green party have those principles in mind with any policy it puts forward.

That is the end of what I was planning to say, and I hope we will hear more from the Minister about the erosion of jury equity and what Tim Crosland, in relation to the Bill, called its complete elimination. This will be an important effect of what is being proposed, and it has not had enough debate as yet.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South and Walkden) (Lab)
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Before I turn to the substance of this clause, I want to begin by setting out the perspective from which I speak. Before entering Parliament, I worked as a prosecutor for more than 14 years. During that time, I dealt with a wide range of serious cases, including sexual abuse, rape, domestic violence, historical child abuse and cases involving families and vulnerable victims.

On a daily basis, I saw at first hand the impact of the criminal justice system on victims, witnesses and their families, as well as their emotions, their concerns and the importance of ensuring that justice is done fairly and transparently. Although I have not practised in recent years, my understanding of the system remains current. I remain in regular contact with practitioners, including solicitors, barristers, members of the judiciary and colleagues in the CPS, and I continue to follow closely what is happening in both the magistrates court and the Crown court.

In addition, during my time as a shadow Justice Minister, I worked on issues relating to prisons, probation and the courts, and I have seen how changes in the system, including the increased use of technology, remote hearings and the handling of evidence, have affected the way that justice is delivered. So I speak on this Bill from a position of experience and of ongoing engagement with the criminal justice system. Colleagues will be relieved to know that I will not be repeating this preamble in any future contributions.

Let me begin by addressing what lies at the heart of this Bill: the restriction of jury trials. Trial by jury is not a procedural detail; it is one of the most fundamental safeguards in our justice system. It reflects the simple but powerful principle that when the state seeks to take away a person’s liberty, that decision should not rest with the state alone, but with ordinary citizens—a jury of their peers.

That principle has a deep constitutional root—from Bushel’s case in 1670, which established the independence of juries, to its role across the common law world, trial by jury has long stood as a protection against arbitrary power. That is not just a feature of our legal system, but a principle reflected across the common law jurisdiction and a recognition that justice must be seen to be done and must not rely solely on the state. It is also one of the reasons that the public has confidence in our system.

The proposal in clause 1 to remove the right to elect a jury trial is not a trivial matter. It covers offences such as theft, fraud and stalking that carry real-life consequences, including custodial sentences, reputational harm and long-term impacts on people’s lives. The Government argue that the measure is necessary to deal with the delay in the system. I have great sympathy with the Government about the massive delay in the court system but, respectfully, jury trials are not causing that delay.

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Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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If the situation the courts find themselves in is so obviously caused by the previous Government, why on earth is the hon. Member’s Government scrapping jury trials as a response?

Yasmin Qureshi Portrait Yasmin Qureshi
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The restriction on some cases not being tried in jury trials is because the Government feel that that will help to bring down the delay in court listing. I say to the Government that the problem is not the jury system, but the fact that other provisions need to be made sufficient. I am afraid that the problem was 14 years of Conservative cuts—I do not know whether the hon. Gentleman was a Member then. The Conservative Government did not take the Ministry of Justice seriously. There was a Lord Chancellor virtually every year—in 14 years, I think we had 10 Lord Chancellors, which tells us how important the criminal justice system was to the now Opposition.

To go back to my point about clause 1, and all the other clauses that follow, I urge my colleagues and the Minister to please rethink this whole thing. Juries are not the cause of the delay in our system.

Jess Brown-Fuller Portrait Jess Brown-Fuller (Chichester) (LD)
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I will speak about the Liberal Democrats’ opposition to clause 1. The main reason why clause 1 should not be included in the Bill is that it fundamentally transforms the relationships that defendants have with the justice system. It is really important to make it clear that we are talking about defendants who have entered a not guilty plea, rather than the language that has been used this morning.

In particular, clause 1 removes the defendant’s ability to object to summary trial in the magistrates court—a process that is streamlined for swift justice and should be reserved for less serious cases. In his independent review of the criminal courts, Sir Brian Leveson recommended removing the right to elect a Crown court trial for certain low-level either-way offences that carry a maximum sentence length of two years or less. The Bill would remove the right to elect Crown court trial for all either-way offences. Concerns have been raised publicly about that, including the quality of justice, the capacity of the magistrates court and the fairness of applying this retrospectively.

Magistrates courts also face an increasing backlog, which is currently at 379,000 cases. That is a 17% increase on the previous year, alongside a huge drop in the number of magistrates over the past 20 years—from 28,300 to now 14,600. I am very aware that the Government are embarking on a journey to try to bring more magistrates into the system, but as they increase the number of magistrates, there are also magistrates leaving the system, so it is a real struggle to increase the number.

Removing the power of defendants to elect will increase the workload of the magistrates court, and the system will struggle to absorb that. Many in the legal profession have made that point. It would also be unfair to apply this change retrospectively. Consent is the appropriate basis for the most serious cases to be tried within a summary process. Changing the provision for more serious offences—to be clear, we are talking about things like possession with intent to supply, unlawful wounding and sexual assault—risks miscarriages of justice, as more serious cases would face summary trials in higher volumes, with reduced rights of appeal.

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Sarah Sackman Portrait Sarah Sackman
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My hon. Friend is absolutely right. We often use the old adage about justice needing not just to be done, but to be seen to be done. That is vital, and again comes back to the language that people use about our courts. The suggestion that a person gets a rougher justice in the magistrates court is inaccurate, and we have to ensure that there is confidence in every tier of our justice system, including in our judges.

My hon. Friend is also right, not only about the perceptions of, but the real-world impact on minority communities and those who have historically had negative experiences with criminal justice. We know that disproportionality exists, whether in charging practices, sentencing outcomes or the amount of black and minority ethnic men on remand. Black and minority ethnic communities are disproportionately the victims of crime, and a person who is black is four times more likely to be a victim of homicide than a person who is white, which is a grave injustice.

That is why it is so important that the Deputy Prime Minister has committed that the Government will, in due course, introduce an amendment to the Bill to provide for a review to properly monitor the impacts of the reforms, and of wider justice measures, on precisely the communities and individuals that my hon. Friend spoke about. We have to enrich our understanding of the issue and ensure that the reforms command the confidence of all the communities that we represent.

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Sarah Sackman Portrait Sarah Sackman
- Hansard - - - Excerpts

I am well versed in how our legal system works. I am well versed in the principle of the idea of innocent until proven guilty, and the criminal standard of proof. That is all important, as are the other safeguards that this reform system would retain. However, I make no apologies for the approach that we take in reforming this system, which, as I have said, is not just driven by necessity and pragmatism but by principle, and for the case repeated by myself and the Deputy Prime Minister—that we are a Government who will centre victims of crime. I also make no apologies for the investment we make in victim support services, or for the recalibration we are making in terms of how mode of trial is determined. Determining mode of trial is driven not just by the severity of cases, by creating an objective test to be applied by the courts, but the pursuit of timeliness. Timeliness, by the way, helps not only complainants and victims of crime but those accused of crime. If I were accused of a crime, I would want to clear my name as quickly as possible, so timeliness helps everybody across the criminal justice system.

Yasmin Qureshi Portrait Yasmin Qureshi
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I understand the point that the Minister is making about victims and I am obviously concerned for them, but we are also talking about defendants’ rights. She will be aware that 900 postmasters and postmistresses from the Horizon scandal have all said, “Please do not abolish jury trial,” and the reason is that when they were being charged with those offences, many of them were told to plead guilty by lawyers who thought that a public jury would find it difficult to believe that a Government organisation had made a mistake. However, some of them did elect Crown court trials and were acquitted. That is 900 potential defendant/victims. Lord Hain and my hon. Friend the Member for Poplar and Limehouse (Apsana Begum) mention the importance of the jury trial. I do think that the victim and defendants have a right to elect, and I think that we should abandon restricting the jury trials.

Sarah Sackman Portrait Sarah Sackman
- Hansard - - - Excerpts

Of course, the Post Office Horizon scandal was one of the great miscarriages of justice of recent times. However, it is important to remember that we are discussing the whole system and that, of course, for the most serious crimes under a reformed system, we would be retaining jury trial. It is also important to remember, as I think even those representatives from the criminal Bar accepted, that there is no constitutional, absolute right to a jury trial. If that were so, the 90% of people whose cases are dealt with in the magistrates court would have a right to insist on a jury trial. This whole debate is centred around the appropriate way to treat that cohort of cases in the middle—between summary-only, which stay the same, retained by the magistrates, and all the indictable-only cases, or indeed anything likely to receive a sentence of over three years, which retain a jury trial.

Courts and Tribunals Bill

Yasmin Qureshi Excerpts
Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South and Walkden) (Lab)
- View Speech - Hansard - -

I 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.

Criminal Courts: Independent Review

Yasmin Qureshi Excerpts
Tuesday 14th October 2025

(6 months ago)

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Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South and Walkden) (Lab)
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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.

Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

Yasmin Qureshi Excerpts
Wednesday 3rd September 2025

(7 months, 1 week ago)

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Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South and Walkden) (Lab)
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It is a pleasure to serve under your chairmanship, Mrs Hobhouse. I am grateful to my hon. Friend the Member for Liverpool West Derby (Ian Byrne) for securing this debate.

I speak as chair of the all-party parliamentary group on Primodos, which I have led for over a decade alongside affected families in their fight for truth and justice. Primodos is one of the clearest examples of a systematic failure of candour in British medical healthcare. Between 1958 and 1978, around 1.5 million women in the United Kingdom were prescribed the hormone pregnancy test. From the 1960s, doctors and researchers raised concern that it was linked to miscarriages, stillbirths and severe birth defects.

Instead of acting, the regulators actively suppressed the evidence and colluded with the pharmaceutical companies. When Dr Isabel Gal published her study in 1967, officials undermined her work rather than investigating it. Later, archives in the UK and Germany showed that they knew of the concerns, but kept patients in the dark, even though other countries had withdrawn the drug from the market.

After years of campaigning, the Medicines and Healthcare products Regulatory Agency finally established an expert working group in 2017. Its task was to examine whether there was a possible association. The final report said there was “no causal association”. That was not in the original draft; it was inserted late, under outside instruction, and caused misunderstanding by giving the impression of certainty. Moreover, the families were excluded from the process. We continued to campaign; in 2020 the Cumberlege review was set up and found that there had been avoidable harm, that people should receive redress, and that there should be a duty of candour and cultural change. However, five years later, only one recommendation—a patient safety commission—has been delivered.

The impact on the families has been horrendous. I call on our Government to recognise Primodos as a case study—[Interruption.]

Wera Hobhouse Portrait Wera Hobhouse (in the Chair)
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Order. We have been disrupted by a Division. I am expecting everybody to be back here in 15 minutes, at 3.20 pm. When we come back, the hon. Lady will have half a minute.

--- Later in debate ---
On resuming
Yasmin Qureshi Portrait Yasmin Qureshi
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Meanwhile, the Government have pursued legal strike-out applications to shut down the families’ cases—blunt tools that treat them as vexatious, even while Ministers have accepted in public that there was a failing. I call on the Government to recognise Primodos as a case study of breach of candour, to implement the Cumberlege review in full, including redress, to legislate for candour across public authorities, to guarantee legal parity, and to support the Hillsborough law now.

Courts and Tribunals: Sitting Days

Yasmin Qureshi Excerpts
Wednesday 5th March 2025

(1 year, 1 month ago)

Commons Chamber
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Shabana Mahmood Portrait Shabana Mahmood
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I gently remind the hon. Gentleman that the concordat process, which I have concluded with today’s announcement, has concluded earlier than the one that I inherited from his party would have done, so we have been cracking on. I have been getting on with the job: I increased sitting days immediately, I have taken every opportunity to increase them further, and I have now made a record allocation.

The hon. Gentleman says that the Lady Chief Justice has offered more sitting days, but he will know that she is not able to offer sitting days. She is able to comment on maximum judicial capacity, which she has done, as is appropriate. In order to make sure that sitting days are possible in the Crown courts, I have to consider wider system capacity issues, including the availability of legal aid, prosecutors and defence barristers. We have 110,000 Crown court sitting days—an unprecedented, record number—and I can say that there is capacity in the system overall, not just judicial capacity, for those days.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South and Walkden) (Lab)
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Yesterday, the Public Accounts Committee published a report that says that rape and serious sexual offences are taking many years to come to trial. When I was a shadow Justice Minister, I asked the previous Government day in, day out from the Dispatch Box about what they were doing to reduce the court delays. For 14 years, they did nothing. In eight months, this Lord Chancellor has provided 110,000 court sitting days. Does she agree that the expression that comes to mind is “the pot calling the kettle black”?

Shabana Mahmood Portrait Shabana Mahmood
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I can tell my hon. Friend that many expressions have come to mind as I have been listening to the drivel from some Conservative Members—not all of which would not fall foul of “Erskine May”, so I will keep my counsel on that.

My hon. Friend refers to the Public Accounts Committee report, and I gently observe that I was a long-term member of that Committee. I have the highest regard for the Public Accounts Committee, but I reject its criticism, because this Government clearly have a plan—not just on funding and resources for the Crown court, but on the reform that will ultimately be needed to get the system into balance.

Oral Answers to Questions

Yasmin Qureshi Excerpts
Tuesday 20th February 2024

(2 years, 1 month ago)

Commons Chamber
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Mike Freer Portrait Mike Freer
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I appreciate that my hon. Friend is increasingly agitated about the implementation of aspects of the Bill; however, the consultation was not conclusive, and the stillbirths landscape has changed. Those issues have to be addressed if the Bill is to be introduced correctly.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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T5. According to a report produced by the National Audit Office last week, housing legal aid is out of reach for many people who are struggling to keep a roof over their head. Countless people facing the threat of eviction and repossession have recently contacted me for help. With the cost of living crisis and rising interest rates, it is crucial that people can access legal help with their housing issues. What is the Minister doing to ensure that housing legal aid is available to those who cannot afford legal help?

Mike Freer Portrait Mike Freer
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We are investing an initial £10 million to make sure that legal aid is available for exactly those problems.

Offenders (Day of Release from Detention) Bill

Yasmin Qureshi Excerpts
Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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I congratulate the hon. Member for Barrow and Furness (Simon Fell) on introducing this important Bill. I thank Nacro for its campaigning work on this issue and the vital support it provides to prison leavers. As the hon. Member outlined, the Bill will allow the earlier release, by up to two days, of people in prison with high resettlement needs who are due to be released from prison on a Friday or the day before a bank holiday.

It will be no surprise to the Government that Labour supports the Bill wholeheartedly, not least because we tried to legislate for this last year. My hon. Friend the Member for Stockton North (Alex Cunningham) tabled an amendment to the Police, Crime, Sentencing and Courts Act 2022 that would have provided this much-needed flexibility for Friday releases, but the Government at the time refused to support it. I am glad that they have now seen sense and recognise the value in Labour’s proposals—because let’s us face it, these proposals are common sense.

As the hon. Member for Barrow and Furness explained, prisoners released on a Friday face an almost impossible race against the clock to get all the support that they need in place before the weekend. In many cases, they are simply unable to access the same support as those released earlier in the week, because many crucial resettlement agencies run a reduced service on Fridays and no service over the weekend.

That means that prison leavers might end up sleeping rough or in unsuitable housing. They may be left for the weekend, unable to access important medication and health support, such as in the case of M, who was released on Friday before a bank holiday weekend after serving a year in custody. He had an addiction to heroin but, when released, was not given the prescription charts from the prison that were needed to determine the dose of methadone he needed. He was also not given a bridging prescription. As it was late afternoon on Friday, the GP from the substance misuse service had left, and M and his resettlement broker were unable to get his medication. He was vulnerable and entitled to priority housing, but the local authority did not deem him to be in priority need because it was a Friday afternoon. He did not have time to gather the further evidence that was needed to prove what he had said before the weekend. He spent the weekend sleeping in a known drug house and ended up using heroin. As part of his licensed conditions, he was required to give a blood sample and, lo and behold, he tested positive for drug use. Had he been released earlier in the week, he would have accessed the housing and medical support that he needed to help in his resettlement.

As my hon. Friend the Member for Croydon Central (Sarah Jones) has noted previously in Committee, Members of this House will be especially familiar with this matter. I am sure that many of us have experienced the same difficulties in getting the necessary support for our constituents in need last thing on a Friday, just as agencies and services are closing for the weekend. Indeed, very recently, I went with a constituent in housing need to my local town hall just to ensure that they were given the services that they needed. From my earlier life as a criminal practitioner who both prosecuted and defended, I can tell Members of the cases that were heard on a Saturday in the emergency court of people who had been released from prison and were back in court again because they had nowhere else to go. It was better to commit a minor offence, be arrested and be kept in a prison cell where they at least had a warm bed and three square meals. That was a better option for them.

We know that around 400 people continue to be released from prison, every month, directly into homelessness. Only 30% of people receiving treatment services while in prison are successfully transferred to the community on release. I hope that the changes proposed in the Bill will contribute to improving those worrying numbers. There is a window of opportunity for people when they are released from prison. That is when they are keen to move on and rebuild their lives outside prison. We should be seizing that opportunity by making the transition as easy as possible to give them the best chance of success and thus decrease the likelihood of their reoffending as much as possible.

The Government conceded in the summer that, under the current system, Friday releases can end up with ex-offenders spending their first days on the streets with little in the way of support, increasing the likelihood that they will commit further crimes, and they committed to legislate when time allows. However, under this Government, reoffending rates have remained stubbornly high, and the refusal to legislate for this change until now, and doing so through a private Member’s Bill, is evidence of how far this has fallen down the priority list of the Ministry of Justice.

The chaos and ministerial musical chairs that has been going on across Government over the past number of years has meant that, in the intervening months, thousands more prisoners have been released on Fridays and have been set up to fail. We are glad that the changes are coming and are pleased to support them, but it is a shame that the Government took so long to listen and to act.

On a final note, the Minister for Crime, Policing and Fire, the right hon. Member for Croydon South (Chris Philp), who replied to the previous debate, made what I would call a really gratuitous political statement about how few Labour Members were present for today’s debates. The reason for that is that we agreed with the first Bill debated today and we agree with this Bill. The reason why there are so many Members on the Conservative Benches is that they are trying to talk out the last Bill that will be reached today. I do not think that Members should be making those comments.

Shaun Bailey Portrait Shaun Bailey
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I agree with some of what the hon. Lady has said. However, on the point about participation, I get what she is saying, but, surely, if Labour Members were so enthusiastic, they would be here in the Chamber. The hon. Lady is here because she clearly supports the Bill. Where are her colleagues?

Yasmin Qureshi Portrait Yasmin Qureshi
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My colleagues have no objections to these Bills. The reason that Government Members are taking so long on this issue is that they are trying to talk out the last Bill listed for today.

Yasmin Qureshi Portrait Yasmin Qureshi
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That is it. I will take no further interventions.

Shaun Bailey Portrait Shaun Bailey
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I take real exception to what the hon. Lady is saying. I have seen at first hand the impact of this in my own community, and I have spoken to a number of charities. [Interruption.] Let me take the heat out of this. This is a common-sense Bill. We all agree on that. We have all seen the impact of this. Regardless of the back and forth—although, Mr Deputy Speaker, my contribution was not included—let us just agree that it is a great Bill; it makes sense, so let us just get on and support it. It is as simple as that. Does she not agree with that?

Yasmin Qureshi Portrait Yasmin Qureshi
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I agree. Indeed, I started off by saying that we support the Bill. Not only do we support it today, but we have been supporting it since last year, when we tabled an amendment on this.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Has the shadow Minister completed her speech?

Yasmin Qureshi Portrait Yasmin Qureshi
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indicated assent.

Nigel Evans Portrait Mr Deputy Speaker
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In which case, I call Mr Baynes.

Oral Answers to Questions

Yasmin Qureshi Excerpts
Tuesday 18th October 2022

(3 years, 5 months ago)

Commons Chamber
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Baroness Maclean of Redditch Portrait Rachel Maclean
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I thank the hon. Gentleman for bringing that matter to the attention of the House. Of course, the Government have a range of responses to keep all women—not just BBC journalists—living their lives. It is absolutely right that we put in place the further protections that are contained in the Online Safety Bill. If he has further proposals, I ask him to bring them to me and I will be happy to look at them.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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10. What recent estimate he has made of the size of the backlog of criminal court cases in Bolton.

Gareth Johnson Portrait The Parliamentary Under-Secretary of State for Justice (Gareth Johnson)
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The outstanding case load in the Crown court in Bolton was 528 at the end of June 2022. We are taking action across the criminal justice system to deliver swifter access to justice for victims and to reduce the backlog of cases. That includes the investment of £477 million into the criminal justice system over the next three financial years to maximise the capacity of the system.

Yasmin Qureshi Portrait Yasmin Qureshi
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As a former prosecutor, a barrister in private practice and a shadow Justice Minister, I find sitting in this House and watching the Government oversee the managed decline of our legal system deeply concerning. In Bolton, as the Minister has said, the backlog stands at 500—more than 10% greater than six months ago. It includes 20 rape cases among other serious criminal cases. Can the Secretary of State for Justice inform me why the Government have effectively legalised criminal activity in Bolton, in Greater Manchester and throughout Britain?

Gareth Johnson Portrait Gareth Johnson
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The hon. Lady is right to raise the issue of the backlog; it is a serious matter. That is why we have put in a catalogue of measures to help tackle it, including: introducing Nightingale courts, which will be sitting until 2024-25; increasing the cap on sitting days; and raising the retirement age for judges. We have done a lot and I hope the hon. Lady will be gracious enough to congratulate the Lord Chancellor on successfully negotiating an end to the Bar strike, which will help tackle this serious problem.

Draft Judicial Pensions and Fee-Paid Judges' Pension Schemes (Contributions) (amendment) Regulations 2020

Yasmin Qureshi Excerpts
Tuesday 3rd March 2020

(6 years, 1 month ago)

General Committees
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Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Robertson. I can confirm that the Opposition are not seeking a Division on this particular statutory instrument. We accept the reason for it to be passed and, in fact, I attended a similar Committee last year for the relevant 2019 judicial pensions statutory instrument.

Taking on the point made by my hon. Friend the Member for Wallasey (Ms Eagle), I want to ask the Government about when the McCloud judgment will be implemented. I heard the Minister say that it is a complicated matter and that he needs to work through this but, to be frank, this has been going on for some time now and it is important to remember what the McCloud judgment was all about.

The Fire Brigades Union and the judiciary were able to hold this particular legislation as unlawful because the tribunal found that the provisions were discriminatory, in that younger judges were more often women and members of the black and minority ethnic community, while it also had ageist effects. It is important that this matter is addressed sooner rather than later, because we have a big shortage of judges and especially High Court judges. In the latter case, a number of senior lawyers and members of the judiciary are not applying for these jobs because of the changes in the pension regulations, while other judges’ positions are also not being filled. One of the reasons holding people back from applying is that, ultimately, they do not know what their pensions will be.

I know things are complicated, but it is not that complicated to work things out so as to come to a resolution. The Court passed a judgment years ago and the Ministry needs to get its skates on and deal with this particular long-standing issue, and I urge the Ministry to direct its mind to this matter seriously in order to resolve it. In the meantime, we are not calling for a Division on the statutory instrument itself because it is clearly necessary.