Sarah Sackman
MP for Finchley and Golders Green · Labour · United Kingdom
“I think the hon. Gentleman is referring to an interview with my right hon. Friend the Member for Makerfield that took place in December, well before this House voted conclusively on Second Reading. Any ministerial team would have to take on this challenge. Unlike the Conservatives, we will not duck it. What my right hon.”
“Equality before the law should mean just that, and as my hon. Friend says, it is an important principle to bear in mind when we talk about barriers to access to justice, whether we are talking about the cost of representation, which we try to address through legal aid, or about the cost of transcripts.”
“The hon. Gentleman mischaracterises the Government’s policy, as so many do. We are preserving jury trials as a cornerstone of British justice, but it is no justice at all if someone is waiting years for that jury trial.”
“I agree with the hon. Gentleman that our magistrates are the backbone of our justice system. I meet magistrates from across the length and breadth of the land, and I have met the Magistrates Association. We have to make being a magistrate more attractive.”
“I am sorry to hear about the hon. Member’s constituent’s case. Technology in this area is a potential game changer. However, as with all technological adoption, particularly in the justice arena, we have got to ensure accuracy for the very reason she says.”
“The Government are reforming the family justice system to better support families and children. We are rolling out the successful child-focused courts nationally.”
The complete record
Every one of 602 lines we hold for Sarah Sackman, in date order, each linked to its source. Free to read, in full, without an account. Page 8 of 13.
“I will address amendments 50 and 48 together. The cases that we are considering in the context of clause 4, which involve fraud and serious financial crime, are, as I have said, among the longest and most demanding trials in the Crown court, routinely running for many weeks and often months. Cases can, and sometimes do, evolve as they progress through the courts—that is not unusual. Like earlier clauses, clause 4 makes clear provision for orders for a judge-alone trial to be revoked where the circumstances of a case change. That is, again, an important safeguard. For example, a charge on the indictment may be dropped, suggesting that the case becomes less technical, but that is not always clear cut.”
“Although I do not seek to overstate the impact that that application of the legislation will have on the relatively small number of cases that we are talking about in this context, it is important that we derive, in the delay reduction, every little benefit that we can from the measures that we are bringing forward as soon as we can, because of the extent of the delays. For those reasons, I urge the shadow Minister to withdraw his amendment.”
“That approach to the application of the law to the existing caseload is consistent with precedent. For example, Parliament previously legislated in 2003 for judge-only trials in cases involving jury tampering and that applied to trials begun after commencement, regardless of when the case first entered the system. I grant that what we are seeking to do here is bolder and more extensive, but it is the principle of whether trials should be heard in accordance with the law as it stands when the Bill is brought into force. That also means that we avoid a situation where there are two different procedures running in parallel in the Crown court as a result of arbitrary cut-off dates.”
“On amendment 49, consistent with our approach to the allocation of cases within the existing caseload but where trials are not yet commenced in relation to allocation to a Crown court bench division, we follow the same approach in relation to questions of allocation with the creation of a judge-only forum for cases of the nature we have been discussing in relation to clause 4—namely those of a lengthy and complex nature. We follow the same rationale and principles that trials should be treated and heard in accordance with the law as it stands at the commencement of trial. As I said earlier in the debate, applying the measures in the Bill to cases in the open caseload will enable us to bring forward and thereby accelerate caseload reduction, which is one of the main—if not the primary—objectives of the Bill.”
“Sir Brian Leveson was clear, as was Lord Justice Auld, that trial by jury is not always the most sensible and proportionate approach to the resolution of these types of lengthy and complex cases.”
“A Crown court fraud trial was listed to run for 13 weeks—already a substantial commitment for any jury. Partial verdicts were returned by the jury four months later, with further verdicts provided the following month. The case finally concluded five months after it started. By that point the jury had dwindled from 12 to nine, worn down by delay after delay in such a long-running and complex trial. As I said, this is the primary rationale behind what we consider will also be a time-saving measure. This is a significant challenge. In fraud cases, marathon trials can drag on for months—at times, well beyond the original estimate—as jurors fall away, delays compound and the system ends up bending around the logistics of keeping 12 ordinary men and women available for an extraordinary length of time.”
“I thank the shadow Minister for tabling amendment 51. I will first set out the rationale for clause 4 and schedule 1 and then address the amendment. Clause 4 and schedule 1 will allow for particularly complex or lengthy fraud and financial offences to be tried by a judge sitting alone. Cases involving fraud and serious financial crime are some of the longest and most demanding trials in the Crown court. They routinely run for weeks or even months, and there are examples of the most complex cases running for over a year. That is an incredibly substantial burden for jurors—lay members going about their lives—to bear, particularly as the compensation for those they work for is non-existent and their own compensation covers expenses but no more. Let me give a real-world example.”
“I thank the hon. Member for her point, which has been raised by others. Those terms are well understood in their ordinary meaning and can be applied in a clear and straightforward way by judges.”
“I am going to make some progress— I know the hon. Gentleman has raised this with me. Those responsible for drafting the legislation do not need to add further definitions of what we mean by “complex” and “lengthy”. That is well understood. As I said, given the other safeguards and considerations related to the kinds of cases that will be suitable, we think that the discretionary approach that judges will apply will suffice.”
“The schedule can be amended only via the affirmative procedure, which requires debate and approval by both Houses of Parliament. That ensures proper democratic oversight, while ensuring that the law can keep pace with the ever-changing nature of crime without unnecessary delay. This is not an unusual approach to criminal legislation. Parliament has adopted similar delegated powers elsewhere in criminal legislation, including provisions now consolidated in the Sentencing Act 2020. For those reasons, the Government believe that this power strikes the right balance between keeping pace with modern crime and remaining firmly anchored in parliamentary oversight. I urge the shadow Minister not to press his amendment to a vote.”
“Fraud and financial offending continue to evolve rapidly, and new forms of criminality and new legislative offences across all aspects of crime will inevitably emerge in the coming years. If Parliament were required to revisit primary legislation every time a new, appropriately relevant offence was created or identified as suitable, that would significantly reduce the agility and effectiveness of this framework. Criminal cases are increasingly shaped by technological change, new technical and digital instruments, and increasingly sophisticated ways of handling evidence. A system that cannot adapt risks becoming obsolete almost as soon as it is enacted. I have heard concerns that this power amounts to Government overreach, and I want to be clear that it does not and that this is not an unconstrained Executive power.”
“Thirdly, it is about modernisation. The world has changed, and the nature of these crimes and the evidence that is involved have changed. What made sense in 1971, or even 25 years ago, is not always what works best today. In that reforming spirit, the clause presents a modern, balanced and proportionate approach. It is exactly the sort of thing that is needed in the light of the current pressures on the system. For that reason, I commend clause 4 and schedule 1 to the Committee. Amendment 51 would remove the power for the Secretary of State to amend the list of offences in proposed new schedule 3ZA to the Criminal Justice Act 2003 by order, and the Government cannot support it. A fixed and closed list would not reflect the reality of modern crime.”
“The gravest crimes can never be heard under this policy. That is why we have carved out all indictable-only sexual offences and homicide offences, such as rape, murder and manslaughter, which are all excluded. If any such offence is added to a case, the order must be revoked and the case must be sent for a jury trial, without exception. Where a jury trial would be in the public interest, a judge cannot hear the case alone. The clause is about three crucial things. First, it is about making a reasonable ask of the public in respect of their important civic duties, and not asking them to bear a disproportionate burden on themselves, their jobs or their loved ones. Secondly, it is about taking every responsible option available to us to get the criminal justice system moving again, because justice delayed is justice denied.”
“The clause does not bring about wholesale change to jury trials, which the Bill preserves for the most serious cases; it creates an additional, tightly defined and controlled, discretion for a small number of cases where the burden on jurors and court resources is excessive. It means that no case can be moved into the judge-alone route without a rigorous, transparent assessment against the statutory tests, with both the defence and prosecution having the opportunity to make representations, ensuring that decisions are fair and balanced. A case can only ever qualify if it involves a scheduled fraud or financial crime offence, and even then, a judge must first have ordered a preparatory hearing—something that happens only where a case is genuinely complex or lengthy. We have also drawn hard lines.”
“As I have said, the crux of the legislation is not whether a judge or a jury is better at understanding evidence or ascertaining the honesty or dishonesty of a defendant; it is about being honest with ourselves about the time that we have, ensuring that trials run as efficiently and effectively as they can, and preserving jury trial for the cases where it makes most sense and matters most. It is important to remember that this is not wholly new territory. Our justice system already recognises limited exceptions to jury trial, most notably where there is a risk of jury tampering, and those trials are conducted fairly by a judge sitting alone.”
“That support is plainly valuable and shows the great effort the system has already made to account for the huge change over the last couple of decades in the complexity of such cases. It also powerfully illustrates the real impact on timeliness, and Sir Brian’s observations only reinforce why it is right that we address the challenge head on. If it was true when Lord Justice Auld talked about the rationale for a judge-only trial in these sorts of cases over 25 years ago, it is certainly even more true now.”
“The nature of crime and evidence has changed. It is no longer a couple of paper files and a handful of witnesses; Sir Brian Leveson is clear that modern cases of the sort we are talking about can involve vast volumes—terabytes—of digital material held on servers and hard drives, and highly complex financial records. All that complexity means that directing and explaining the evidence at the pace of the slowest juror, which is the pace that an advocate has to go at, presents additional delay. I am grateful to Sir Brian for making that point clearly in his report. The scale of “The Crown Court Compendium”, which is the guide that judges use to direct juries in criminal trials, is such that it now runs to some 560 pages, demonstrating the extraordinary time and effort that judges now need to devote to guiding juries in these complex trials.”
“If someone is self-employed or in insecure employment, the time away can mean a significant loss of income. If they are a carer, it can mean scrambling around to find, or having to pay for, alternative support for a loved one. Even for many in stable employment, it is not just inconvenient; it has a real impact on personal life and finances. That is why, as policymakers, we need to be proportionate and, dare I say it, judicious about how we use this special resource. Yes, I use the word “special”, and I do not resile from it—sitting on a jury is a special thing. However, we have to use that resource where it is right, proportionate and appropriate to do so. Reducing the need for members of the public to sit as jurors on very long and intensive trials means that fewer people will face that disruption and loss of earnings.”
“There is not an absence of evidence here: we have heard from those with judicial experience, as well as from international comparators such as New South Wales, where complex cases have been found to be 29% quicker when tried by judge alone. Let us be clear about what we mean in practice when we talk about long jury trials. Imagine someone being told they are required to serve on a jury in the Crown court, not for the typical two weeks’ jury service, but for at least several months. Imagine receiving that letter and that news. Although we are very grateful for people who do that—I know how willingly so many citizens participate in juries—I have, as the Minister for Courts, received lots of correspondence about the burden that lengthy trials can impose.”
“I will not; I am going to make some progress. As Sir Brian’s report clearly outlines, “this is a principled reform based on the need for cases to be resolved in a more timely manner, with a forum well suited to the demands of the case.” He suggests that allowing a judge to hear these cases alone—in tightly defined circumstances, of course—can cut hearing time by at least 20%. As we have said already, we heard from various witnesses about how that time saving would be achieved. That is a gain for the system and for capacity in the Crown court that can be used to progress other sorts of cases. That is not an abstract assumption.”
“Currently, for example, the Crown Prosecution Service and the Serious Fraud Office can send serious and complex fraud cases to the Crown court, subject to section 51B of the Crime and Disorder Act 1998, so there is existing practice. Those are terms with which the judiciary are familiar. If it proves in due course that guiding factors and the Criminal Procedure Rules would be of assistance, that can be looked at. However, I do not think that the definition itself presents the cataclysmic problems that hon. Members suggest.”
“Several points have been raised in this debate. First, on the definition and the application of the eligibility test, when I was explaining the rationale behind the provision for judge-only trials in complex and lengthy cases—a realisation of one of the key recommendations of the independent review—I was talking about the importance of considering not just efficiency, but jury burden. While it is of course a relevant policy factor, I was not suggesting that that in itself is the test to be applied. The terms used in the legislation have been the subject of criticism from a number of hon. Members. I consider that those terms are straightforward and well understood. The notion of a complex case is used in other contexts.”
“I fully anticipate that while the system gets to grips with the use of this legislation, there will be a very small number of cases to begin with, but these are by definition the lengthiest cases and they take up a large amount of the courts’ time. The savings that we are talking about, which are set out in the impact assessment, may sound modest, but in a system under extreme pressure those small shifts matter. Every case heard by a judge sitting alone—as was deemed appropriate in these sorts of case not just by Sir Brian but by Lord Justice Auld and others—saves valuable Crown Court and jury time that can be deployed to serious cases that need a jury. In the context of the emergency in which we find ourselves, I make no apologies for seeking every little impact. For all those reasons, I commend the clause to the Committee.”
“I am not going to second-guess how the judges will apply this. As I say, that is for the judiciary and the courts. I am not going to put an arbitrary time length on it; I do not think that is needed. The second point that hon. Members made was that the provision risks becoming too wide-ranging if a future Parliament or Secretary of State wishes to add to the offences. I addressed that point in my earlier remarks. I do not think that that is a real risk. Another point that has been made is that none of this will have much of an impact, because we are talking only about a narrowly defined set of cases.”
“We have already covered a fair amount of the same ground. The example that I gave a couple of sittings ago was in relation to judges considering contempt of court applications, where they themselves would have seen the offending behaviour and have to make a determination about it. Judges are well used to dealing with these issues, both in the criminal context and the civil context. Does the hon. Gentleman accept that?”
“Now we are scrutinising it in the usual and proper way, and it will take as long as it takes. I do not want the public to think that the integrity of the process is somehow compromised. I know it would not be under your chairship, Ms Butler.”
“On that final point, we are all delighted to be here and perform the function of Government properly. [Hon. Members: “Hear, hear.”] Exactly, and the company of all Members is a delight, as always. On a serious point, there is some suggestion that the Government are rushing the legislation through. I do not think that is right. Yes, the Government have a sense of urgency about gripping this problem. I make no apologies for that. The depth of the problem and the shameful delays demands that urgency, but it is not true to say that this is rushed legislation. We commissioned a two-part independent review of hundreds of pages. We took our time to consider how we would bring that forward in a pragmatic way that vindicated the evidence base that the IRCC had put together.”
“The Crown court is facing significant pressures, and many triable either-way cases currently heard and sentenced there can be dealt with fairly and expeditiously in the magistrates courts. Lord Burnett, former Lord Chief Justice, told us in Committee that he had spoken publicly on many occasions about his personal belief that there is need to rebalance the work between the magistrates court and Crown court, and this measure is, in part, a way of doing that.”
“To be candid, part of the reason why the Government are introducing this measure is not simply a vote of confidence in our magistrates court and what we think it can cope with and deliver, but because it will enable us to bring down the backlogs quicker. That is the rationale. Although it is an extension, and goes beyond what was recommended by the independent review, we think that it is justified in the circumstances. We have therefore decided to introduce powers that would enable magistrates court sentencing powers to be extended either to 18 months or up to 24 months. Those powers provide flexibility to extend magistrates court sentencing powers in the future to respond to changing circumstances and manage unsustainable pressures on the criminal justice system.”
“In that respect, I ask the hon. Members to withdraw their amendments. On amendment 13, tabled by the hon. Member for Chichester, Sir Brian’s recommendations have, as I have said previously, been critical in informing the Government’s thinking. I do not seek to suggest that clause 6 formed a specific part of his recommendations, but he invited the Government to consider the sorts of measures necessary to address the backlog. As the impact assessment demonstrates, on the Government’s modelling, which has been externally quality assured and verified, extending magistrates court sentencing powers to 18 months would produce a saving of some 8,000 Crown court sitting days. That is hugely significant.”
“It would mean that reductions in magistrates court sentencing powers, such as the 2023 decrease in response to prison capacity pressures, would also be subject to the affirmative procedure. The ability to vary sentencing powers using the negative procedure is an important mechanism, which enables the Government to act with the speed and certainty of timing that the affirmative procedure does not so readily allow. We consider it proportionate and consistent with existing practice for the level of magistrates court sentencing powers to be adjusted by secondary legislation, within the limits that have already been set by Parliament, using the negative procedure. The negative procedure enables timely adjustments while still ensuring parliamentary scrutiny in the period following the statutory instrument being laid.”
“By having the ability to vary magistrates court sentencing powers by statutory instrument using the negative procedure, the Government can respond flexibly to changing circumstances and manage unsustainable pressures on the criminal justice system. Magistrates court sentencing powers have been amended using the negative procedure for this very purpose in the past, including to mitigate pressures on prison capacity in 2023, and to address the Crown court open caseload in 2024. Requiring changes to magistrates court sentencing powers to be made using the affirmative resolution procedure would constrain the Government’s ability to respond efficiently to pressures across the criminal justice system.”
“I thank my hon. Friend the Member for Sheffield Central and the hon. Members for Bexhill and Battle and for Chichester for tabling the amendments in this group. In addressing them, I will seek to cover the principal arguments that have framed the debate: first, the impact of the clause on the magistrates court and the suggestion that it carries a risk of overburdening the court; secondly, the critique that because the clause departs from the recommendations of the independent review, somehow it is not a tenable or viable way to proceed; and, thirdly, the procedure through which magistrates courts’ sentencing powers may be varied.”
“One of the challenges there is not just the number of magistrates you require, but finding magistrates who can sit in longer trials, which inevitably those would be. I understand what the hon. Member for Reigate said, but we already see on a daily basis how serious and less serious matters in the magistrates court are apportioned in that way. We are hiring up to an additional 80 district judges under our current plans, and they will be able to hear those sorts of cases. Part of the capacity also relies on expanding the number of, and support for, legal advisers, who are also critical to delivery.”
“One of the things we have to in order to successfully deliver this court transformation is properly resource our magistrates court. You have heard me say before about what we need to do to increase magistrates recruitment and the steps that the Government have taken in that regard. We are also increasing the recruitment of district judges who sit within the magistrates court. In reality, many of the serious and longer cases currently within the magistrates court would be heard by more experienced magistrates or a district judge. We had a discussion earlier in Committee about the desirability of having lay magistrates serve alongside Crown court judges as part of the constitution of the Crown court bench division. I have recognised the merit in that.”
“As others have pointed out, in the youth court magistrates already have the power to impose detention and training orders of up to two years in cases concerning serious violence. It cheers me that the change was welcomed by the Magistrates’ Association and that magistrates are willing to take on the additional challenge with greater powers, aligning with the youth courts. The Magistrates’ Association has stated that this is “the most effective and straightforward way for magistrates’ courts to further assist in reducing the Crown Court backlog”. The introduction of the ability to increase magistrates’ sentencing powers to 18 or 24 months will address the open case law and provide the flexibility to enable a more proportionate allocation of resources. For the reasons I have set out, I urge my hon.”
“When magistrates court sentencing powers were raised from six to 12 months in May 2022, a review of the impact confirmed that it helped to reduce the pressure on the Crown court at the time, with fewer cases sent for sentencing and trial. In November 2024, the extension of magistrates court sentencing powers was estimated to free up the equivalent of 2,000 Crown court sitting days a year—so it is proven to work. By increasing magistrates courts sentencing powers, offences such as common assault, the theft of lower-value items and lower-level fraud could be heard in the magistrates court. This will ensure that Crown court resources are rightly focused on the most serious and complex cases. We have confidence in magistrates to exercise higher sentencing powers accurately and fairly.”
“The magistrates court currently has a caseload, which it needs to operate efficiently, but we obviously do not want that to become a backlog, or to simply divert the problem from one place to another, which is why I talk about resources. I am trying to reassure the Committee and the wider public that by empowering magistrates to assume greater sentencing powers, which means dealing with more serious cases, we are equipping them with the resources they need to do that responsibly. Extending magistrates courts sentencing powers will retain more cases in the magistrates courts, thereby freeing up valuable Crown court capacity. A sentencing increase of up to 18 months is estimated to save 8,000 Crown court sitting days in the 2028-29 financial year.”
“I am not sure that is right. I think we have all agreed—even those Opposition Members who were responsible for the justice system and deprived it of the resources that were needed—that more investment is needed, and the Government are making that. I make these points about capacity partly to meet the question that was asked, but also to meet the concern expressed. It is a legitimate concern: by following the thrust of the IRCC recommendations, are we diverting some cases into our magistrates court and creating a risk for that court? People have pointed to the size of the caseload; we need to distinguish between open caseload and backlog.”
“I beg to move amendment 10, in clause 6, page 16, line 2, at end insert— “( ) in subsection (1)— (i) after ‘imposes’ insert ‘, in respect of two or more offences,’; (ii) for the words from ‘exceed’ to the end substitute ‘exceed— (a) where each of the offences is a summary offence, 6 months; (b) in any other case, the longest term that could be imposed in respect of any one of the offences’;” The effect of this amendment is that, where a magistrates’ court imposes two or more terms of imprisonment or detention in a young offender institution to run consecutively, and the offences in question are all summary offences, the aggregate of the terms may not exceed 6 months.”
“As a result of this amendment, magistrates courts will be able to impose a maximum of six months’ custody consecutively for two or more summary only offences. That will ensure that magistrates courts can impose sentences that adequately reflect the overall offending behaviour, as consecutive sentences enable courts to proportionately reflect the overall criminality when multiple offences have been committed. Importantly, this amendment does not alter the statutory maximum penalties available for existing individual offences. Amendment 10 agreed to. Amendment made: 11, in clause 6, page 16, line 13, leave out “paragraph” and insert “paragraphs 16(a) and”.— (Sarah Sackman.) This amendment is consequential on amendment 10.”
“As a result, the maximum aggregate term of imprisonment that can be imposed for multiple summary-only offences cannot exceed the longest term that could be imposed for any one of those offences. Therefore, where the highest maximum sentence for the individual offences is less than six months, the magistrates court cannot impose more than that maximum when imposing consecutive terms of imprisonment for multiple summary-only offences. For example, low-value criminal damage has a maximum sentence of three months’ custody. Therefore, in sentencing someone for two or more criminal damage offences, the magistrates court can impose only up to three months to be served consecutively, rather than six months.”
“Amendment 10 is a technical amendment concerning magistrates court sentencing powers when imposing consecutive sentences for multiple summary offences. The Judicial Review and Courts Act 2022 introduced a power to vary the general limit on magistrates court sentencing powers for a single triable either-way offence between a maximum of six months or a maximum of 12 months. Clause 6(1) of the Bill amends that power so that the limit for a single triable either-way offence can be set at 18 months or 24 months, in addition to six months and 12 months. As part of the changes in 2022, a consequential amendment was made to section 133 of the Magistrates’ Courts Act 1980, which makes provision in relation to consecutive terms of imprisonment imposed by a magistrates court.”
“Will the hon. Member acknowledge that one of the first things this Government did when we came into power was invest £92 million, focusing primarily on duty solicitors who deal with cases at the coalface, including those involving unrepresented defendants? That money is in play. It is in their pockets. Will he acknowledge that?”
“We remain committed to the provision of legal aid and recognise the vital role that it plays in underpinning access to justice. We will keep our approach to the rules that govern financial eligibility across legal aid under review, including by carefully assessing the impact of all the recommendations made by the independent review of the criminal courts and the final formation of the Bill before taking further decisions. In the light of that explanation, I hope the hon. Member for Chichester will agree to withdraw her amendment.”
“In terms of remuneration for legal aid lawyers, legal aid fee schemes are specific to the court where the case is heard and are designed to reflect the differing processes and nature of work in the magistrates court and Crown court. The magistrates court fee scheme is designed to be simpler to administer and use for providers, reflecting the greater speed and volume of cases going through that court. Providers appreciate the greater simplicity. A non-standard fee route exists for exceptional cases to ensure that work on more complex cases is appropriately remunerated. Fees and financial eligibility conditions at magistrates courts can already provide representation for defendants facing potentially longer sentences if convicted of an either-way offence.”
“Turning to the specifics of amendment 22, under the current financial eligibility rules, the Government are confident that the majority of defendants charged with either-way offences are expected to be eligible for legal aid at the magistrates court. For individuals who do not qualify for legal aid, there are already measures in place in the magistrates court to provide some support. The hardship review mechanism can provide support to those who fail or who do not meet the means test for legal aid but face higher than usual outgoings or expenses associated with their case. In addition, unrepresented defendants may also receive support via the free duty solicitor scheme, which we are investing in and that can provide representation at a first hearing if required.”
“And we have announced the funding that is to come as part of these reforms, with £34 million for criminal legal aid advocates, alongside a commitment to match-fund criminal barrister pupillages to open up the pipeline to people from all backgrounds and to build our workforce. So that is pragmatism, principle, social mobility and investment. No one could doubt the passion and commitment, as well as the investment, in transforming the infrastructure so badly needed to implement these criminal legal aid fees, and indeed the civil legal aid fees, which, by the way, we are also uplifting. This investment reflects the valuable and tough decisions that we have had to take, and the valuable and tough work undertaken by those who work in the criminal justice system. It will help them to ensure that justice is served.”
“It is no surprise, then, that the minute there is a cyber-attack, the whole thing keels over. One of the difficulties with these fees is actually implementing them. We cannot implement them overnight because of the lack of investment, as well as the cutting of fees, that took place over 14 years. What we have done, as one of our first steps, is make significant uplifts to criminal legal aid fees for criminal solicitors, focusing on duty solicitors and prison lawyers—precisely the people we need to deliver this court transformation. That has already been implemented; we have an additional £116 million a year once in steady state.”
“I thank the hon. Member for Chichester for tabling the amendment, because the issue and importance of legal aid is something that I think we both care deeply about. Access to justice is a fundamental principle within our justice system; it is fundamental to the fairness of processing criminal cases through our courts. But if I am vociferous, I think it is entirely justified. We are a Government stretching every sinew to put our legal aid sector back on a sustainable footing. That, by the way, is not simply a matter of increased fees, although we have done that and are continuing to do so. The inheritance we received—I say this not just as the Courts Minister responsible for the legal aid system—regarding the whole infrastructure of legal aid and the IT systems on which that was built, was wholly inadequate.”