Right to Trial by Jury

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the Government’s reported plans to further restrict the right to trial by jury in almost all cases.

This Government inherited an emergency in our criminal courts, with record and rising caseloads, leaving the victims behind each and every one of those cases facing agonising delays and waiting to see justice done, while some defendants hope that their accusers simply give up on justice.

That is why the Government asked Sir Brian Leveson, a pre-eminent jurist and one of our most experienced judges, to undertake an independent review—a once-in-a-generation review—of our criminal courts. We have been carefully considering his recommendations and agree that a crisis of this scale requires bold action to get the system moving and to deliver swifter justice for victims. No final decisions have been made on exactly how to take forward the blueprint that Sir Brian and his expert panel have set down, and I suggest that the House waits for that response.

Let me be clear: jury trials will always be a cornerstone of British justice. This Government will do whatever it takes to protect the fundamental right to a fair trial. The Great British justice system, with all its traditions, would never let victims wait, in some cases for four years, for justice. There is indeed a clash of ideas between those of us on the Government Benches and the Opposition. We are on the side of modernisation, defending our values, and swifter justice for victims, while they are prepared to watch the system rot, not offering any answers. The old adage rings true in the current crisis: justice delayed is justice denied. The system was simply not designed for a scenario where tens of thousands of victims are facing agonising delays for justice.

The vast majority of cases in our courts are already heard without juries. Around 90% of all criminal cases are dealt with robustly and fairly by magistrates, with no jury. The country deserves meaningful reforms that back victims, modernisation and fairness over those gaming the system, and that speed up the courts and get victims the swifter justice that they deserve, resolving the court backlog and ensuring fair justice. As I have said, we intend to respond to the first part of Sir Brian’s review very soon, so I am afraid the House will have to wait a little longer for that response.

Or read the papers.

No more leaks just yet, please.

While this Government lurch from one outrage to another, yesterday the Chancellor shredded her promises and dropped a £26 billion tax bomb on working Britain. Meanwhile, we learned that the Justice Secretary is plotting to discard centuries of jury trials without so much as a by-your-leave—and where is the Justice Secretary to answer for this? Do we need to send out a search party to Saville Row in case he has gone suit shopping again this morning? Or perhaps he could not face up to the embarrassment that he is now destroying the very principles he once championed.

Jury trials are

“fundamental to the justice system…fundamental to our democracy. We must protect them.”

Those are not my words, but those of the Justice Secretary himself. This time, he was right: there is wisdom in 12 ordinary citizens pooling their collective experiences of the world. Yet, now that he is in government, he is doing the complete opposite. He blames the court backlog, but if the courtrooms standing empty this year were used, the backlog would be down by 5,000 to 10,000 cases. He pleads poverty on law and order, but yesterday the Chancellor came here and found £16 billion more to spend on benefits.

The truth is that the Labour party just does not think that ordinary people are up to it. It does not trust them with these decisions. Give away the Chagos islands, shackle us to the European convention on human rights, scrap jury trials—all because lawyers know best. And when the Justice Secretary is summoned here to the people’s House, what does he do? He cowers away. Well, the people who make up juries—the British people—will not wear it any more.

I have one simple question for the Minister he sent in his stead. Will she protect what is fundamental to our democracy, or will she stand by as the Justice Secretary casually casts aside centuries of English liberty?

How extraordinary, Mr Speaker. The right hon. Gentleman claims to care about the rule of law; he claims to care about ancient legal traditions. This is the same shadow Justice Secretary who denigrates our independent judges and our legal community standing up for rights. I have already said it, and I will say it again: the right to a jury trial for our most serious cases will remain a fundamental part of our British legal tradition.

Since he is so fond of quoting our ancient principles and quoting Magna Carta, let me remind him of what is our constitutional right. Magna Carta states:

“to no one will we…delay right or justice.”

The right to a swift and prompt trial is a fundamental ingredient of fairness. When we have the crisis we inherited from the Conservative party, with a backlog now of some 80,000 cases—and behind each and every one of those cases is an actual victim and somebody accused of a crime—in the current system, we are denying a fair trial. When victims and witnesses pull out of the process, as is increasingly happening, that denies fairness.

I say this while wearing this pin, which shows that we stand in 16 days of activism against violence against women and girls: a woman reporting a rape today in London will be told that her trial may not come on until 2029-30. That is not justice at all, and it is a consequence of allowing the Crown court backlog to spiral out of control while doing nothing and offering not a single answer. That is not upholding the fundamental British constitutional right to a fair trial; it is exactly the opposite.

I for one, certainly, and as part of this Government, am not prepared to sit idly by. That is why we have gripped the crisis, making record investment in sitting days, extending magistrates court sentencing powers, investing in legal aid and asking one of our finest jurists, Brian Leveson, to conduct an independent review to provide us with a blueprint for how we get out of this mess. The Conservative party likes to call itself the party of tradition and the party of law and order, yet it presided over a justice system in which the British public can no longer have confidence.

I call the Chair of the Justice Committee.

The Minister is right that we cannot go on as we are with 80,000-plus cases in the backlog and growing, and four-year delays in serious cases. She is also right that there is nothing sacred about jury trial for any particular level of offence. But if the Lord Chancellor is thinking of going beyond Sir Brian Leveson’s proposals, he will need to produce some clear evidence as to why that is necessary and why that does not offend our system of justice, of which we are all still very proud. That is not only about more serious offences; if the leak is to be believed, it is also about extending magistrate courts’ powers beyond the 12 months, which they have only just gone up to, and a massive extension of judge-only trials. I appreciate that the Minister might not be able to answer all those questions today, but when will we hear those answers and get the response to Sir Brian’s report?

My hon. Friend is absolutely right that, of course, I will not be commenting on a leaked document. No final decisions have been taken. What I can say is that we are giving very careful consideration to Sir Brian’s blueprint. We are giving very serious consideration to his conclusion that the current system, as my hon. Friend says, is broken and that we need structural reform. That requires that we countenance the idea of judge-only trials and a thorough review of what magistrate courts’ sentencing powers should be. It also requires that we ask the question that Sir Brian invites us to answer: when is it proportionate to have a jury trial, with all the rigour but also with all the expense and delay that can entail? Is it right that we ask somebody accused of stealing a bottle of whisky to be ahead in the queue of the rape victim waiting for her jury trial? That is the question he poses, and that is the question that when we come forward with our detailed plans, which need to be considered as a whole, it will be necessary for this House to consider.

I call the Liberal Democrat spokesperson.

The leaked memo from the Ministry of Justice, which reveals plans to rip up our criminal justice system, is particularly surprising, given that the Deputy Prime Minister himself has stated that “Jury trials are fundamental”. In a report that he wrote, he called jury trials

“a success story of our justice system”.

Juries are not the cause of the court backlog; that was complacency from the former Government and a failure to grip the issue by this Government, totally failing the victims who are currently waiting. Will the Minister clarify whether this MOJ proposal is a suggested temporary emergency measure or a permanent erosion of our criminal justice system? Does she share my concern that the Office for Budget Responsibility is showing a real-terms cut of 3% a year to the MOJ’s capital budget after the Budget yesterday? Does she agree with the Deputy Prime Minister’s diagnosis from opposition that the Government should

“pull their finger out and acquire empty public buildings across the country”

in order to clear the backlog?

As the hon. Member heard me say a moment ago, the constitutional right that we guarantee every citizen in this country who comes before our criminal courts is the right to a fair trial. When victims are waiting for years for their day in court, right now justice is not being served. When the Secretary of State made those comments, it was obviously in a very different context, not one where the Conservatives had allowed the backlogs to run out of control. As I said clearly earlier, the right to a jury trial and the jury trial will always be a cornerstone of the British justice system. That will not change. It does not change in Sir Brian’s report, in which he recommends the restriction of jury trials in certain cases, and it will not change in the plans that the Government are bringing out. She is right that we need a combination of structural reform and investment and, indeed, we are making that investment. We have increased capital investment in court maintenance and buildings to £148.5 million. We are opening new criminal courts, for example in central London, in Blackpool and in other parts of the country. We have to build system capacity, with more judges, more lawyers and more staff to man those cases, but ultimately we must be laser-focused on the need to deliver swifter justice for victims. In order to do that, we will, in due course, in response to Sir Brian Leveson’s recommendations, bring forward very careful plans that protect people’s rights, including that right to a fair trial.

I look forward to the court at Chorley opening at some point.

After 14 years of the previous Government, many in Oldham feel that justice has left town. Our county court closed, our magistrates court closed, and police station after police station closed as well. Today, in a town of a quarter of a million people, not a single custody cell is in operation. We are looking to address that with the Mayor of Greater Manchester, bringing forward plans for a new police station with custody cells. But ideally we want a justice centre with courts brought back to Oldham so that magistrates can take the bench in the town and justice can be served and be seen to be served.

It is a failure for the north.

What my hon. Friend described, in graphic detail—the way in which justice has visibly eroded in his town—is the result of 14 years of Conservative failure, austerity and fundamental neglect of our justice system. What we are doing in so many areas is rebuilding and restoring the confidence that the British public can have in our justice system.

We inherited two crises. First, we inherited a prison system running red hot. How irresponsible of the so-called party of law and order to allow prisons to be full so that dangerous criminals would not have a prison place. Secondly—perhaps this is less visible, but it is no less serious—we inherited a crisis in our criminal justice system and in our courts, where victims are waiting longer and longer for justice. As my hon. Friend said, our constituents deserve to see visible justice. They deserve to see that when they report a crime, it does not take years for it to come to trial, but that it happens swiftly—within months—so that people can see the consequences of their actions. That, by the way, also reduces recidivism. That is why will do whatever it takes to bring down the backlog.

I call the Father of the House.