Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of the decision to allow pending cases to be tried by a judge alone on (a) the number of pre-trial hearings and (b) the number of appeals to these hearings.

The Ministry of Justice has published information about the impacts of the IRCC measures in the Courts and Tribunals Bill, in the IRCC Impact Assessment (Courts and Tribunals Bill (Structural Criminal Court) Impact Assessment). This includes the impacts of re-allocating cases in the open caseload to the Crown Court Bench Division or judge-alone for technical and lengthy cases. Re-allocation of these cases may be done on the papers, ie without a hearing.

The package of measures is estimated to reduce incoming demand on the Crown Court by the equivalent of around 27,000 sitting days in 2028/29. These changes are annual and continue into future years. In 2028/29 a further one-off gain of c. 3,500 Crown Court sitting days will accrue from changing mode of trial on cases already in the Crown Court open caseload from jury trial to trial by judge alone (either under the Crown Court Bench Division or on grounds of technicality or length). The modelling of this gain takes into account the time needed to review open cases when re-allocating cases.

There will be no right to appeal against an allocation decision or order made to hear a trial by judge alone. Parliament has long held that decisions about mode of trial (e.g., allocation decisions in the magistrates’ court) are not normally subject to appeal given the need for procedural finality and avoiding delay in cases.