PARLIAMENTARY DEBATE
Restriction of Jury Trials - 8 December 2025 (Commons/Commons Chamber)

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the accuracy of data used to justify the restriction of jury trials in relation to rape victim attrition rates and magistrates court capacity.

This Government inherited an emergency in our criminal courts. Record and rising caseloads are leaving victims and many accused who are seeking to clear their name facing agonising delays, while some defendants game the system in the hope that their accusers simply give up on justice. We inherited a system in which, quite truly, justice delayed is justice denied. That is why we asked Sir Brian Leveson to undertake his independent review of the criminal courts. He presented us with his report, and we considered it carefully.

On Tuesday, the Deputy Prime Minister announced the Government’s proposals in the light of that report, following many of the recommendations. In announcing part of our plan to tackle that emergency, he centred victims. He commented that victims of rape are “pulling out” of trials and told LBC that

“60 per cent are pulling out of cases”

before they come to trial. That statement is accurate. It is unacceptable that around 60% of victims who report rape drop out of the criminal system.

After speaking to victims, campaign organisations and those who represent those victims and support them, we know that, for many, the fact that their trial may not come to court for several years is a key factor in their deciding to withdraw from the process or perhaps not even to report the case at all. The system was not designed for a scenario in which victims face such delays for justice. No one in this House thinks that the system is anything other than broken, which means that we are failing the British public.

On the second part of the right hon. Gentleman’s question, the vast majority of cases—the less serious but still important everyday cases, which comprise around 90% of all criminal trials—are already heard in our magistrates courts, where cases continue to be dealt with swiftly and robustly. Our magistrates hear around 1.3 million cases a year, and it is not unusual to have an open caseload of more than 360,000 cases, as is currently the case in our magistrates courts. That ensures that there is around six months’ worth of work ready to be heard. We know that our magistrates courts deal with equivalent cases—those trials for either-way cases that can be heard in either the magistrates court or the Crown court—four times faster. We are working to bring in new and diverse magistrates over the next 12 months, and we will continue to recruit at high levels in future years.

Ultimately, we must ensure that the Crown court has the capacity to deal with those who commit the most serious crimes, so that victims do not have to face those agonising delays and do not withdraw before their case even gets to court. Justice is simply not being served in that situation, and the Government will not watch idly while the system continues to fail those victims. It is for that reason that we are bringing forward our bold proposals and reforms, coupled with record investment—to ensure that victims and the wider British public are served and so that we can put to bed once and for all justice delayed being justice denied.

The Government are slashing jury trials under false pretences. Last week, the Justice Secretary suggested that 60% of those who report being raped are now pulling out of cases because of court delays, but Home Office statistics show that this year, only 9% of rape cases were abandoned after a charge was brought. Although that is not good enough, the fact is that the figure is down, and the number of victim-based prosecutions is near its peak. In some parts of the country, the backlog is far lower, and rape cases are rightly being prioritised. The Justice Secretary’s plans will do next to nothing to cut backlogs for rape victims, but his claims are certain to further erode women’s confidence in the justice system.

That was not the only claim that did not stack up. The Justice Secretary said that he will divert cases to the magistrates courts because they

“do not currently have a backlog”—[Official Report, 2 December 2025; Vol. 776, c. 806.]

but as of September, there is a backlog—or open caseload, as the Minister now calls it—of 361,000 cases, up 25% on this Government’s watch. He claimed that scrapping juries will cut trial times by 20%, but Sir Brian Leveson’s own review found that figure to be “highly uncertain”, stating that “further detailed analysis” was required.

There are still reams of unanswered questions. The Justice Secretary will not let the Crown courts sit around the clock, when today, 63 courtrooms sit completely empty. He will not rule out applying these changes to those who are already in the court backlog, and he will not publish modelling showing that victims of rape will wait less time, or indeed any modelling whatsoever. Unless the Minister can answer those questions today, we can only conclude that the Government simply do not know. If they want to make a major change to our constitution—something that we have enjoyed for 800 years—they should do so on the basis of facts, not baseless claims. The plan is already unravelling, as did the last such attempt 20 years ago. I say to the Minister that it is not too late to avoid a humiliating defeat.

As I said a moment ago, not a single person who has encountered the system—not the barristers, the prosecutors, the judiciary, the court staff, the victims or the jurors; no one whom I have met—thinks it is working as it should. The shadow Justice Secretary has made a startling defence of the status quo while victims—not just women and girls but of all backgrounds—continue to watch delays creep up and up. Some 80,000 cases are currently in our Crown court backlog, and behind each and every one of those cases is an individual human story—someone waiting to clear their name.

We inherited a broken system. We did not do what the previous Government did, which was stick their head in the sand and hope that the problem would go away, with no solutions, under-investing for years while undermining our justice system. We were not prepared to do the same, which was why it was important to ask an independent review made up of Sir Brian Leveson—one of our leading judges—academics and data scientists to look at the evidence from both this country and comparators from across the world, to consult and to produce a set of proposals for reform that will fix the system. In the meantime, the Government have been gripping the crisis. We have made record investment in sitting days, increased the sentencing powers of magistrates courts, and invested in legal aid and the capacity of our legal community.

No responsible Government worthy of the name would take receipt of an independent review that is carefully considered, evidence-based and informed by experts and say, “Do you know what? We’ll just ignore that.” Responsible government shows leadership, which is why last week, we announced our proposals to increase magistrates courts’ sentencing powers and remove the right of defendants to insist on a jury trial when their case can be reasonably, proportionately and swiftly dealt with in a magistrates court. We followed Sir Brian’s recommendation to establish a Crown court bench division to deal with cases more swiftly. His report says that in his view and that of his expert team, doing so will provide time savings of at least 20%. On that basis, through investment, modernisation and systemic reform taken together, we will begin to see the backlog come down. That is Government offering evidence-based, expert-led solutions while all we hear from the Opposition is what cannot be done, letting down victims, letting down the public and ultimately undermining faith in one of the most important institutions in this country—our justice system.

I call the Chair of the Justice Committee.

There is no reason why the Government should not consider mode of trial as part of their reform of the criminal courts, but they would find more support if they could better evidence the effects of the proposed changes to jury trial. To what extent will they reduce the backlog? What proportion and types of cases will no longer be eligible for jury trial? If courts are to be swifter and have greater sentencing powers, what effect will that have on the prison population?

I am grateful to the Chair of the Justice Committee for his reflection that mode of trial is worth looking at. Of course, the Government will provide an impact assessment when we bring forward the legislation necessary to accompany these reforms, but I suggest that we do have an evidence base, as provided to us by the independent review of the criminal courts. We also have the very real evidence base that the offences we are talking about are not summary-only, which are already dealt with in the magistrates court, nor indictable-only offences, which will always have a jury trial in our Crown court, but triable either way offences. At the moment, defendants can opt either for a magistrates trial or for a Crown court trial. What we know is that where defendants opt for a magistrates trial, those are being heard four times faster on average than those heard in the Crown court. That is a pretty strong evidence base, coupled with that of the IRCC. Of course we will need to present the impact assessment of the package that we are bringing forward, but there is no doubt that the Government are taking action on an evidential basis, provided through an independent review.

I call the Liberal Democrat spokesperson.

The Liberal Democrats agree that under the current system victims and survivors of rape are being failed and far too few see justice served. However, for those victims who do decide to proceed through the justice system, fewer than 10% withdraw after a charge has been made, so the Deputy Prime Minister’s standing in the Chamber and using an assessment of the data to justify his reasoning for removing jury trials does not hold up to scrutiny.

It seems that a number of the Deputy Prime Minister’s Back Benchers, including the former Deputy Prime Minister, the right hon. Member for Ashton-under-Lyne (Angela Rayner), agree with the Liberal Democrats that the delays that plague our system will not be addressed by reducing jury trials, with the Government neither diagnosing the cause of the crisis nor providing the solutions to the record backlog. How do the Government justify restricting jury trials when backlog issues are caused by court mismanagement and broken private contracts rather than the jury system, as identified and confirmed by those working in the system from all sides? Will the Minister confirm which stakeholders, including victim support organisations and legal professionals, have been consulted on the reforms? What feedback has she received?

I will answer the hon. Member’s last question first. All the bodies that she referred to—victim support, victims’ organisations, the legal community, the Bar Council and the Law Society—have engaged over many months, first with the independent review of criminal courts led by Sir Brian Leveson, and indeed now with the Ministry of Justice. That engagement is happening all the time.

On those who represent victims, the incoming Victims’ Commissioner has said that the system is broken and there is need for bold reform. The bold reform recommended by Sir Brian Leveson’s review is precisely the proportionate reform—radical, yes; and necessary, yes—that we are going to pursue.

On the hon. Member’s comment about victims and the significant figure of 60% of rape victims pulling out of cases, there are many reasons that victims pull out. It is difficult to know exactly what is going on in a victim’s head at any one time, but we all know how lengthy the delays are in our courts, and everyone is aware how retraumatising the court process can be. We know from Rape Crisis, for example, that one in three sexual offence trials is the subject of adjournment, so there is not just delay but victims thinking they have a trial date only for that to be put off. No one can say that that is defensible. For many, the fact that their case might not come to court for years is key to their withdrawing from the process, at whatever stage, so it is material to the context. That is why action needs to be taken.

As the Crown Prosecution Service data discussed at the Justice Committee has brought forward, one striking statistic shows the need for action: there were more than 4,000 cases that could have been heard in the magistrates court, but our current system privileges the defendant’s right to insist on a jury trial with the greater length of time that that takes. As a result, the person who has stolen a bottle of whisky or a bunch of flowers—a low-value item—has every right to insist on a jury trial, and is then stuck in the same queue as serious crimes such as rape, murder and kidnapping. That is exactly how this works. And that is exactly why, on Sir Brian’s expert recommendation, we are seeking to remove such cases from the queue and reassign them to where they can be better and more swiftly dealt with in the system, so that we can come to the most serious cases more swiftly.

I have had a number of cases, including two recently. When the Opposition were in power, a woman came to me with her case, which was of historical child sexual abuse; her trial was being adjourned repeatedly, and there was a risk that the perpetrator would die before the case was heard. I now have two cases of children awaiting child sexual abuse cases that have had repeated adjournments. Can the Minister reassure me that the Government’s proposals might help to progress those cases, which are impacting lives?

I am very sorry to hear about my hon. Friend’s cases, which graphically highlight precisely why reform is needed and the grave crisis in our criminal justice system, which, as Sir Brian has told us, is on the brink of collapse. We need a holistic approach: reform, significant investment and modernisation. On the earlier question about efficiencies, do we need to improve the time that it takes to bring prisoners from prison to court? Yes, we do. Do we need to improve things such as listing, and look at whether they can be done more efficiently? Do we need to look at productivity in our courts? Absolutely. That is why we have asked the independent review of the criminal courts to conduct part two of its review, and it is why we are looking at these issues very intently with the MOJ. There is no silver bullet, and her constituents’ case illustrates the mountain that we have to climb. Such stories motivate me to work every day to get these reforms through and deliver swifter justice for victims.

My maths teacher always required us to show our workings. Last week, the Secretary of State told us that only 3% of prosecutions proceed to jury trials. How can marginally reducing such a small proportion produce the savings that have been identified? Will the Minister publish the modelling?

We have the IRCC—Sir Brian Leveson’s review. Over 388 pages of careful analysis, he sets out how his package of reforms will begin to bear down on the backlog. As I have said, an impact assessment will of course be provided in the ordinary way, but I can tell the right hon. Gentleman and assure the rest of the House that unless we were confident that the package of reform and investment that we are bringing forward was capable of bringing down the backlog, we would not be pursuing it. Of course, that is exactly what we are aiming at: to see the backlog coming down by the end of this Parliament, so that we can deliver swifter justice for victims.

Does the Minister recall that the right hon. Member for Newark (Robert Jenrick) was chastised by the Office for Statistics Regulation when he was Housing Secretary? Does she further agree, therefore, that we will not take lessons from him?

I was not here when the right hon. Member for Newark was failing to show his working out. What I have observed, however, both in my professional life before I came to this House and since I have been the Courts Minister, is how the previous Government presided over an absolute collapse in criminal justice. The so-called party of law and order allowed the prisons to run boiling hot, with backlogs spiralling out of control, and caused a collapse in confidence in our courts system, not only in the legal community, but in the victim community. Unlike his Government, we will do the serious work of looking at where the evidence takes us. We identify the problem and do not stand idly by. We get out there and make the argument for how we will fix it.

If the right hon. Member had attended earlier debates, he would know that I have been clear that the state’s obligation is to guarantee everybody who comes before the court a fair trial. The essence of a fair trial is a swift trial—not one that might be two years away. It is not a guarantee of a jury trial, because 90% of cases in this country already take place without a jury trial. I have also made it clear that we believe in jury trials. I do not believe in jury trials that are delayed for a couple of years, where witnesses and victims pull out of the system, but I do believe in jury trials as a cornerstone of British justice. As I have said, the quantitative and qualitative analyses have been happening not just within Sir Brian’s team, but within the Ministry of Justice. We will be publishing an impact assessment at the requisite time.

I am pleased, if not a little surprised, to see how keen the Conservatives have been to talk about issues of criminal justice in recent weeks, considering they showed next to no interest when they were in government and I was working in the prison system. I believe that the last Government stated that they would bring the Crown court backlog back to 53,000 by March 2025. Can the Minister therefore outline what the backlog was when we took office in July 2024? That figure is incredibly important when we are looking at why we need to take the bold action that has been announced by the Government in the past week.

As my hon. Friend knows, we inherited record and rising backlogs. As I have said, we have a mountain to climb. We are trying to turn around an oil tanker, and we are not going to do that simply by sitting our way out of the problem. That is what Sir Brian Leveson concludes in his report. Of course, we need additional sitting days, and we are already sitting over 5,000 more days than we were when we took over. Sir Brian concludes that that alone will be insufficient to turn the tide on the backlog, and that is why we need system reform coupled with the investment. That will do the job to bring down the backlogs to sustainable levels.

I have some sympathy for the Minister. We all know that the Tories fiddled, leaving our criminal justice system to burn. As the Law Society president noted earlier this year, we are still not using our courts efficiently, despite what the Minister says. What steps have been taken to increase court sitting days and make better use of our under-utilised courtrooms?

First, I pay tribute not just to our judges, but our court staff and our hard-working prosecutors and defence lawyers, because we know that judges in the Crown court are hearing almost 30% more cases than they were pre-covid. In that sense, the system is working harder. As I have just indicated, we have added more sitting days. We have added more than 5,000 more sitting days than were being sat when we took over in government, and I want us to go further. We need to match the system reform with investment, and I hope that we will be able to come back to the House at the conclusion of the concordat process, which needs to take its course, and assure the House that we are sitting at maximum system capacity.

It is horrific that victims of rape and sexual assault are waiting years for justice, and we should never forget, in these conversations or decisions, the toll that that process takes on a victim’s life. Can the Minister please confirm that victims will be kept at the heart of the justice system, and that this Government will deliver timely justice for survivors?

As she so often does, my hon. Friend has hit the nail on the head. We have in focus, at the heart of all that we are doing, the goal of delivering swifter justice for victims. Last week the Deputy Prime Minister announced a package of £550 million to be put towards victim support and keeping victims engaged in the process, which, as it takes longer and longer, is harder to do. Ultimately, the best thing that we can do for victims is deliver on the promise of bringing down the backlog so that they do not have to face these agonising waits to see justice done. If victims pull out—and, in these cases, the victim is often the only witness to the crime—the worst aspect is that it is not even a question of “justice delayed is justice denied”; justice simply is not served at all.

I think we would all agree that it is a tragedy when any rape victim withdraws from the criminal justice system, but I do not buy the faux outrage from the shadow Secretary of State. I was the chief executive of a rape crisis centre when his party was in government, and every single day I heard victims talk about the delays in the system causing them more trauma, about the police’s poor interviewing techniques and about the lack of understanding in the criminal justice system of the effects of the trauma that they had been through on that Government’s watch, and nothing was improving. We know that rape trials will not be affected by this decision on jury trials, so I believe that the Deputy Prime Minister was wrong to use that as a justification for changing the jury trial process, but have the Government given any consideration, or will they be giving any consideration, to a specialist court system to deal with rape and sexual violence offences?

I thank the hon. Lady for the work that she did before coming to the House. I respect her experience, and it is not clear that experience of that kind and range is shared by all Members, including those who are so quick to criticise the attempts to reform what is a failing system. As she has said, the best thing that we can achieve for victims of sexual offences—not just rape, but other sexual offences as well—is reducing the backlogs. We know from charities such as Rape Crisis that some 17% of cases in the backlog relate to sexual offences. If we can get hold of this problem—if we can get a real grip on it across the piece, from the magistrates all the way to the Crown—that, more than anything else, will deliver swifter justice for the victims whom the hon. Lady once supported.

Jury trials allow ordinary citizens to participate in the justice system—which many groups simply do not trust—ensuring community representation and transparency. Can the Minister explain how citizen involvement can be continued, so that we do not see additional miscarriages of justice as a result of influence from personal bias or external pressures that can potentially lead to unfair outcomes?

My hon. Friend has asked a very important question. Equality before the law is, of course, a fundamental principle, but so is the need for all our communities to have confidence in our justice system. One of the worst symptoms of the broken system that we have today is the fact that so few people now have that confidence.

Let me say first to my hon. Friend that we are preserving jury trial for the most serious cases, and secondly that our proposals represent a vote of confidence in our magistracy, which is increasingly diverse and needs to be more diverse still. In London, more than 30% of magistrates are drawn from the communities that they are serving and come from black and minority ethnic communities. In the midlands, where I know my hon. Friend has a great deal of experience, the numbers are getting higher and higher, at 15% or 16%, and we want more still. This is how we continue to include that very important democratic and community component in our justice system, so that communities such as hers can continue to have confidence in it.

I am afraid that the Minister’s treatment of the 60% figure only tends to confirm my belief that one is better off with the common sense of 12 ordinary people than with one legal professional. [Laughter.] Even she is smiling—good for her. Can she look again at this point? Yes, it is disastrous if 60% of women who allege rape drop the case before it proceeds to a conclusion, but if only 9% drop the case after the alleged criminal has been charged, the overwhelming reason for their dropping the case is not the length of the trial by jury, but the slowness between the reporting of the allegation and the criminal being charged. Will she accept that, in this case, she is looking at the wrong target?

I smile because I know the spirit in which the question is asked. I know that it is asked in good faith, but I also say this: as well as being a lawyer, I am also a Member of Parliament and I am also a woman. The question that was asked earlier was put very well: a single victim of whatever crime—rape being one of the most agonising that we can imagine—is one too many pulling out of the system. We do not know exactly what is going through every victim’s head, and it is right to say that the 60% figure was accurate on its own terms. We do not know exactly why people might pull out of the system, but we do know that everyone is aware that the system is broken. Even when they come to consider whether to report a crime, they are aware of what that might entail, knowing the delays, the agony and the bureaucracy that lie ahead. Quite honestly, if something were to happen to me or a loved one today and I was advising them or asking myself, “Would I want to go through with that, knowing what I do about the delays?” I would have to think long and hard about it.

On Friday, I met senior detectives in Bradford who investigate and bring prosecutions for historical cases of child sexual exploitation and abuse, including group-based abuse. They do all they can to support victims to get justice—in fact, West Yorkshire police were commended by Baroness Casey for its work—but it was clear to me that court delays add to the trauma experienced by victims and survivors who bravely come forward. That is true for those I have spoken to. How will these reforms speed up justice for victims of rape, serious sexual offences and vile grooming gangs?

I thank my hon. Friend for all her tireless work for victims in her community who have been seriously impacted by some of the crimes that she outlines. My job is to take a look at the whole system and how it is functioning for all victims, for those who are accused and for all participants in the system who are currently being let down. The package of measures that was announced last week includes an increase in sitting powers, and the removal of the defendant’s right to insist on a jury in favour of having cases triaged by the experts—namely, the court itself. With the establishment of a bench division, which Sir Brian advises, cases could be heard at least 20% faster, and we are taking cases such as fraud out of the list so that they can be heard by judges alone. We believe that, taken together, the package’s measures can deliver swifter justice for victims, including those in my hon. Friend’s own community.

Members on both sides of the House know how important these changes are, and getting them right is absolutely vital. My right hon. Friend the Member for North East Cambridgeshire (Steve Barclay) asked a specific question as to whether the Department has done an impact assessment. Could the Minister clarify whether that impact assessment has been done? If so, will it be immediately published?

The right hon. Gentleman is right: we should have a robust debate about the best way forward to fix what is undeniably a broken system. As a Department, we have several sources of evidence and assessment, not least the work that was done by the Leveson review. We will bring forward the impact assessment at the appropriate time, and the House will be able to scrutinise it then.

There is capacity for almost 2,000 more court sitting days that are not being used for rape or other trials at the moment. Why is the Justice Secretary not prioritising funding those days to help reduce the backlog, rather than trying to scrap jury trials?

We are looking, where we can, to invest as much as possible, but I remind the hon. Member that, when we talk about investment in sitting days, we must look at system capacity. That requires not just judicial time, but sufficient numbers of barristers—both defence and prosecution—and as the previous Lord Chancellor, my right hon. Friend the Member for Birmingham Ladywood (Shabana Mahmood) said, we cannot simply 3D print those. We have to invest in the professionals, and that is exactly what we announced last week, with £92 million in legal aid for criminal solicitors and an additional £34 million for barristers. I should also mention match funding for criminal law pupillages to develop the talent pipeline. All of that increases the system capacity, so that when we add on sitting days, it is not just a judge sitting there waiting for a barrister to turn up, which sometimes does not happen and leads to the trial being adjourned, but we have enough system capacity to run at the maximal and most productive level possible.

In Shropshire and wider West Mercia, victims of rape and other serious offences are being told to wait for their jury trials into 2027, 2028 and even later. Meanwhile, defendants of some other offences are opting for jury trials, the magistrates having already accepted jurisdiction. Is it not time that we back, trust and empower our magistrates and district judges up and down this country?

Yes. As my hon. Friend knows, when I came to visit the justice centre in Telford with him we spoke a lot about the role that magistrates play, and I want to pay huge tribute to them. The proposals we brought forward last week are, as his question suggests, a huge vote of confidence in our magistrates and in our magistrates courts system to hear cases swiftly and robustly, and we should back them.

I congratulate the Minister on both her passion and her ability to get so many words into Hansard in her responses on an urgent question. However, one bit of detail that we are missing—and she is now being asked about this for the fifth time—is an impact assessment. She has said again that the impact assessment will be brought forward at the appropriate time. The question was: has it been written already and she is keeping hold of it, or has it not been written but will be brought forward at the appropriate time? I would appreciate clarity on that, with a simple yes or no.

The hon. Member can get hold of Hansard and read my previous answer, which is that there will be an impact assessment at the requisite moment.

I find it heartbreaking to hear that there are victims of domestic violence, rape and sexual violence who feel that they are tackling a system that is absolutely broken. From a piece of casework I have dealt with, I can tell the House about a young lady, the victim of domestic violence, who had to wait so long for justice to be served that she actually returned to the perpetrator. To me, that is not only terrifying, but obviously it had a huge impact on her family. Can I ask the Minister, working with the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), to promise me that she will do everything she possibly can to ensure that victims of domestic violence, sexual abuse and rape get the justice they deserve as soon as they can?

I can give my hon. Friend the assurance that the Under-Secretary of State and I are working incredibly hard. This is central to our Government’s mission to halve violence against women and girls, and we have to look at how not just the delays in our criminal justice system but the processes in our courts are often retraumatising women and girls. We are resolute in our efforts to tackle exactly what he has described.

The Government’s proposals on jury trials are causing concern and consternation in my constituency, and my mailbag is quite full of people’s messages opposing the Government’s proposals. Just so we understand where the Secretary of State is on this, could the Minister please explain to us what he is doing right now such that he could not come and answer this urgent question himself?

At the moment, the Secretary of State is giving a very important speech launching the Government’s anti-corruption strategy.

I hope that announcement has been made first to the House.

I thank the Minister for her answers. Rape victims must be paramount in all that happens. Rape and sexual assault trials are already lengthy and very emotional for victims. Juries signal a public perception of justice, and highlight the importance of the community and the average person. What assessment has been made of the impact that judge-only trials can have on the victims of rape, and what steps will be taken to ensure that judge-only trials do not feel less empowering, because this step could increase victim attrition with victims feeling that they do not have the support of the public?

Let me make it very clear that for the offence of rape there will always be a jury trial. That was made clear in our proposals last week.

It is very helpful to get through the questions and the Minister has done very well. Justice does matter and I think all of us represent victims of crime. The more quickly we can get through, the happier we will be. As I say, Chorley magistrates court would love to be reopened in order to help.