Rebecca Paul
MP for Reigate · Conservative · United Kingdom
“Britain’s steel industry is not competitive, because of high energy costs and excessive red tape, but instead of addressing the root causes, this Labour Government revert back to their default solution of nationalisation. Why are this Government so keen to take us back to the 1970s?”
“The previous Secretary of State, the right hon. Member for Stalybridge and Hyde (Jonathan Reynolds), said that the Government would seek to find a buyer for British Steel, and several parties have expressed interest. Are discussions ongoing with those parties, and if not, why not?”
“I recently invited residents to vote for their favourite local businesses in my constituency. Will the Leader of the House join me in congratulating MLP Wealth Management in Banstead, which won best overall small business; the Chapel in Reigate, which won best independent café; Murray Designs in Reigate, which won best independent shop; a…”
“The Secretary of State will know that e-bikes do not require insurance, but we are seeing some pedestrians suffer catastrophic injuries due to the additional weight of these bikes compared with a normal bike. Is she giving any consideration to reviewing the rules on this issue?”
“I thank the hon. Member for Tooting (Dr Allin-Khan) for securing the debate. This is a really important topic, and I do not think there has been enough focus on it in the last few years. Her speech was very powerful, and the hon.”
“The problem was not down to their lack of commitment or compassion; it was down to a system that is operating without enough physical space to meet the excessive demand placed upon it. The previous Secretary of State, the right hon.”
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“It says that the current backlog was not caused by the availability of jury trials. It supports “opening all…courts so they can hear cases”, “intense court listing” and “proactive” CPS “case ownership”, “revising” the PECS contract so that “defendants are delivered to the dock on time”, “better use of technology” and “proper resourcing”. It also specifically identifies PECS as a problem, and warns that the Government’s impact assessment does not contain enough modelling on the changes needed to make prisoner transport work under the new system. Amendment 59 also references late guilty pleas. Late pleas waste enormous amounts of time. They consume preparation time, courtroom hours, witness time and judicial energy that is better spent elsewhere.”
“We say that before they do any of that, they should show us that they have used all the practical means already available to increase capacity and reduce wasted court time. We are seeking to draw attention to the tangible, everyday causes of courtroom delay, which, as the Minister well knows, is often about the case not being ready, defendants not arriving, late pleas, poor listing, lack of courtrooms or staff, or failure to use the estate properly. If those are the root causes of inefficiency, it is extraordinary to reach first for the curtailment of our ancient right to jury trial rather than for more mundane operational fixes. I would go as far as to suggest that the evidence that the Committee has received from the Bar Council could almost have been written in support of the amendment.”
“The amendment would prevent clauses 1 to 7 of the Bill from coming into force until reasonable steps have been taken “to increase Crown Court sitting capacity, including but not limited to— (a) using buildings not currently in use as courts to hear cases where cells are not needed, and (b) reducing lost sitting days as a result of late guilty pleas and prison transport delays.” That is exactly the right approach, and it is at the heart of the argument we have made throughout proceedings. The Government say that the backlog is so bad that they must remove the right to elect a jury trial, create judge-alone trials, expand magistrates’ sentencing powers and restrict appeals.”
“The Opposition amendments would ensure that before clauses 1 to 7 are commenced, the Government must show that they have exhausted the practical alternatives, such as more sitting capacity, better use of buildings, fewer lost sitting days from late guilty pleas and prisoner transport delays, proper funding for sitting days and a serious examination of extended sitting hours. That is the right order of operations. The Government’s approach too often appears to be about restricting rights first and hoping that savings arrive later. Our approach is to build capacity and fix operational failures first and contemplate introducing legislation only then, and if truly necessary. Our approach is encapsulated perfectly in amendment 59 in the name of my hon. Friend the Member for Bexhill and Battle.”
“It is a pleasure to serve under your chairmanship, Sir John. I speak in support of amendments 59, 35 and 36 tabled by my hon. Friend the Member for Bexhill and Battle, and the new clauses tabled by the hon. Member for Chichester. Those new clauses are constructive, and the Government should engage with them seriously. They seek to address the right question: how can we increase capacity, improve efficiency, preserve public trust and make better use of the system before cutting into long-standing criminal justice safeguards?”
“It is wonderful to hear the Minister’s enthusiasm for the changes, but if she is so confident that they will deliver that benefit, why was she not willing to start with a pilot, or even agree to a sunset clause?”
“In the notorious Hamit Coskun case, a defendant convicted in the magistrates court of a section 5 public order offence had his conviction quashed on appeal to the Crown court. The appeal court found that the prosecution had failed to prove essential elements of the offence and stated plainly: “For these reasons we allow this appeal and quash…conviction”. That is the automatic appeal route doing exactly what it is supposed to do and correcting a conviction that should never have been imposed.”
“If four in 10 conviction appeals and nearly half of sentence appeals succeed, that cannot be read as evidence that the appeals process is being abused. In fact, it is the opposite: the process is demonstrably being exercised appropriately. I am deeply concerned that if we roll back the right to appeal, we will be locking the door on an unknown number of cases in which a conviction might have been found to be erroneous, but will now not be identified as such. That is an unknown number of miscarriages of justice not put right, and an unknown number of lives ruined. I am not willing to pay that price for the gain of 500 sitting days, and I cannot bring myself to believe that Government Members are differently inclined. We do not particularly need to speculate about what the safeguards protect against, because we can point to recent examples.”
“The Bar Council is very clear: “The proposed change would remove a vital safeguard against wrongful summary conviction and excessive (or unlawful) sentences imposed by magistrates. The consequence risks adding to the burden on the criminal courts rather than reducing it.” It goes further and says that the current right “does not appear to be exercised frivolously or vexatiously.” The Law Society made similar points in its written evidence: it said that the automatic appeal route is a “vital safeguard” and that in 2024 it was used in 2,487 cases, overturning magistrates’ decisions in 41% of convictions and 44% of sentences. It describes about 1,000 miscarriages of justice as being corrected through that route. That is the central fact that the Government cannot really get around.”
“We are now being asked to introduce a system that would instead require permission for such appeals, would usually proceed on written grounds, would be heard by a single judge and would limit the grounds on which permission is granted. The Government say that that would save about 500 Crown court sitting days. I feel that I may be running out of ways to phrase this sentence, but yet again we are seeing a significant roll-back of an important safeguard, justified on the basis of a small hypothetical gain. We should ask ourselves whether an important protection is being weakened for anything like a proportionate return. On clause 7, I do not believe that it is. I strongly emphasise that appeals are not historical oddities or a procedural quirk; they are one of the principal safeguards against the risks inherent in summary justice.”
“It is an honour to serve under your chairmanship, Dr Huq. I do not support clause 7 or schedule 2. I welcome the debate on various amendments and the comments from the Minister. Clause 7 and schedule 2 would replace the current automatic right of appeal from the magistrates court to the Crown court with a much narrower permission-based system. At present, a defendant convicted in the magistrates court can appeal to the Crown court against conviction or sentence, and that appeal is heard by way of a full rehearing, usually before a Crown court judge sitting with between two and four magistrates. About 40% of conviction appeals and 47% of sentence appeals succeed.”
“One thing I have increasingly noticed, particularly in high-profile cases, is that people live-tweet, setting out exactly what is going on. That is another thing to bear in mind. I very much welcome the progress that the Minister has set out, but in the world of social media it is important that people, and particularly victims, can get an accurate transcript as easily as possible, especially if something inaccurate has been tweeted out.”
“Having said that, I note that a joint letter from Rape Crisis England & Wales, the Centre for Women’s Justice, Rights of Women, the End Violence Against Women Coalition and Imkaan, while welcoming much of clause 8, raises some specific concerns. It would be helpful to hear from the Minister on those points and whether she intends to make any changes.”
“However, clause 8 does not include stage 2 of the two-stage framework suggested by the Law Commission, which prohibits the use of sexual behaviour evidence unless its admission would not significantly prejudice the proper administration of justice. The Law Commission has raised that specific deviation in its written evidence. I ask the Minister to give her reasoning for not adopting the second stage, so that we are all clear. It is reassuring to see the Bar Council welcoming the changes brought by clause 8, which it says “provide appropriate safeguards for victims and for fairness of trials.” The Law Society also supports the proposals, along with many other rape crisis and women’s organisations.”
“No question can be asked about the sexual behaviour of the complainant without the leave of the court, and various gateways are considered in determining that. However, the Law Commission has criticised those gateways for being too restrictive, too broad and too complicated. Clause 8 seeks to address some of the issues raised by the Law Commission, and has incorporated the stage 1 recommendation accordingly. It amends the conditions that must be met before a defendant can adduce sexual behaviour evidence or ask questions intended to elicit evidence of sexual behaviour in criminal proceedings. It ensures that such evidence may be admitted only if it “has substantial probative value in relation to a matter which— (i) is a matter in issue in the proceedings, and (ii) is of substantial importance in...the case as a whole”.”
“One of the actions set out was that “only evidence about the victim that is pertinent to the case should be used at court and a victim’s credibility should not be undermined by pre-conceptions or rape myths.” In the final recommendations issued by the Law Commission in 2025, it was made clear that the use of evidence relating to the previous sexual behaviour of the complainant—for example, previous consensual sex between the defendant and complainant, or between a defendant and a third party—is highly distressing, humiliating and even traumatising, and is often irrelevant and can prejudice a case. The admission of sexual behaviour evidence has, rightly, long been restricted through so-called “rape shield” legislation, which applies specifically to a trial where a person is charged with a sexual offence.”
“In the prior five years, there had been a significant decline in the number of charges and prosecutions for rape cases and, consequently, fewer convictions. One in two victims were withdrawing from rape investigations, demonstrating a big problem. The Home Secretary at the time, my right hon. Friend the Member for Witham (Priti Patel), said: “We are not prepared to accept that rape is just ‘too difficult’ a crime to prosecute. We can, and must, do better.” The review set out that there are an estimated 128,000 victims of rape a year, that less than 20% of victims of rape report to the police, and that only 1.6% of rapes that are reported result in someone being charged. That means that considerably fewer than one in every 100 rapes actually leads to justice for the victim. That shows the scale of the issue.”
“That is why it is important to treat victims with respect and care, not to diminish their experiences or feelings, and not to make them feel like they are the ones on trial. It is incredibly important not only for justice, but for deterrence purposes, that the state sends a clear message that those guilty of such crimes will face the consequences. This is much needed at a time when violence against women and girls is rife in our communities. If the state can get this right, we should see more victims coming forward and being more willing to undergo the stress of a trial in the confidence that justice will prevail. In June 2021, the Conservative Government published the findings of an end-to-end review of the criminal justice system response to rape, which they referred to as the rape review. What it found made for difficult reading.”
“What was made very clear is that they are keen to see change in how the justice system deals with these types of offences. They want to see justice done swiftly and considerately. It takes a huge amount of bravery for an individual to report these types of crimes and to pursue their attacker through the courts, so we must do all we can to ensure that the process is quick, supportive, effective and efficient for them, while preserving the principles of natural justice. Although I may disagree with some victims on the limitation of jury trials being a way to achieve this, I share the same ambition: to speed up the process so that justice is no longer delayed and denied. It is important to remember that most of these crimes are committed by someone the victims knows, making the process even more of an intrusive ordeal. It is deeply personal.”
“It is truly a pleasure to get to a part of the Bill on which I suspect we will agree more than we will not. I think we will all find that rather refreshing after the last few sittings. Clause 8 seeks to introduce a new framework governing the admissibility of evidence about the previous sexual behaviour of the complainant. I very much welcome the fact that we are now having this debate and looking to address some of the issues we currently see in the justice system with respect to sexual assault crimes. Rape and sexual violence are horrendous crimes that have a lifelong impact on victims. In oral evidence, we heard this directly from some of the brave witnesses who testified, and I thank them for giving their time so generously and for speaking so honestly and courageously.”
“Victim Not Suspect says: “Without forensic verification, including IP address data, account ownership confirmation from platforms such as Meta, and metadata examination, there is no reliable basis for assessing authorship.” That is a point of detail, but it could become important in certain cases, so it is worth bearing in mind. There may be scope to improve and tighten that up in the Bill during its further progress, which is why I have flagged it to the Minister.”
“My hon. Friend makes a really important point. There is a lot that is positive about the clause, but, as he rightly says, we have to think about it in the context of all the other changes. Unfortunately, we could find that the other changes unwind the good that is done by this clause. That said, it is still a positive clause, and I am pleased to see it in the Bill and to debate it today. Lastly, I want to flag that in its evidence, Victim Not Suspect notes a need to address verification and/or the reliability of digital evidence, which it believes is relevant to the admissibility test and has not been addressed in the Bill. It would be useful to hear the Minister’s view on that matter too.”
“If not, then the bad character framework will apply, or the relevance threshold will apply if the evidence of an allegation is not said to be false or is not alleged to be misconduct. (2) It does not address the concern that within the BCE framework there is currently no express provision for consideration of the particular risks associated with the sexual nature of previous allegations, as we recommended.””
“I would appreciate some clarity from the Minister on the deviation from the recommendations of the Law Commission—again, just so that we are clear. To refresh her memory, the Law Commission, in its written evidence, states that “Clause 10 does not implement our recommendations in two key respects. (1) It does not implement our recommendations regarding distinguishing the different categories of evidence and the thresholds that should apply where there is a previous allegation of sexual offending. Nor does it address the confusion about whether FAE should be subjected to the BCE or SBE frameworks”— that probably means more to the Minister than to me. It goes on: “As set out above, in our view, if the evidence of an allegation does fall within the definition of ‘sexual behaviour’, the SBE framework should apply.”
“Even if the court’s paramount consideration remains unchanged, removing a statutory starting point may still alter behaviour before a case ever reaches a final hearing. It may affect how solicitors advise, how CAFCASS frames disputes, how mediation is approached and how parents negotiate. With that point in mind, I hope that the Minister might be in a position to share some more detail on how she expects the changes to operate, and why she is confident that they will improve outcomes rather than simply shift conflict elsewhere.”
“Several of the written submissions that we received raise concerns about unintended consequences if repeal proceeds without a clear replacement framework. Both Parents Matter warns: “Removing this important statutory benchmark, and relying instead on practice and non statutory frameworks” may increase uncertainty, inconsistency and conflict. The Family Services Foundation says something similar, warning that repeal may confuse frontline professionals, affect negotiations outside court, reduce the incentive for out-of-court resolution and, ultimately, increase strain on a family court system that is already under pressure. It notes that only a minority of separated families ever come before the courts, but many more families and professionals orient their expectations around the legal framework. That is a serious point.”
“The Family Services Foundation similarly said: “reform should focus on enhancing the protections available, rather than creating conditions that may inadvertently prevent children from maintaining safe, meaningful relationships with their parents.” That is why I urge the Minister not to present clause 17 as though all principled concern about repeal is somehow concern for parental rights over child safety. It is perfectly possible to support the Government’s child safety objective while asking whether the law should continue to recognise some clear and carefully framed way, where there is no established risk of harm, of enabling children to benefit from stable and safe relationships with both parents.”
“Again, my point is not that that means that repeal must not happen; it is that we should not over-claim what the existing evidence can prove or support. I also think it is important to avoid turning this into a false choice between protecting children from abuse and supporting children to maintain safe relationships with both parents. The Centre for Policy Research on Men and Boys says that the public debate often frames the issue in that way. However, it says: “A good family justice system must do both. It must protect children and adult victims from abusive parents. It must also protect children from the avoidable loss of safe, loving, and important parental relationships.” I think that is right.”
“Qualitative analysis involved only 29 parents.” It added that the literature review “examined only 55 studies, excluded all research published after April 2024,” and omitted “major studies showing positive outcomes” from safe shared parenting and ongoing parental involvement. Other evidence goes further, arguing that the Government review appears to have misunderstood or overstated the conclusions to be drawn from Professor Anja Steinbach’s work. I recall a striking line from Professor Steinbach, who said: “There is plenty of research showing that contact with both parents is beneficial”, and “except for violence…contact with both parents is the baseline.” I do not think that material should make the Committee cautious about treating the review as a fully settled or exhausted evidential platform for repeal.”
“My concern is not that the Government want to strengthen protection; it is that repeal may be presented as more self-sufficient than, on the basis of the evidence, it really is. I also think the Committee should be careful and candid about the strength of the evidence base behind repeal. Both Parents Matter says that the Government’s own review “provided limited and inconclusive evidence of the impact of the Presumption. It could not determine how often the Presumption was applied in judgments, nor could it assess how harm…related to the application of the Presumption.” It also criticises the underlying methodology: “Quantitative analysis was based on only 245 court judgments, with over half from a single magistrates’ bench.”
“It suggests that if the Government want safer and better outcomes in family proceedings, repeal can be only part of the picture, and perhaps not the decisive part. We should keep in mind that many of the awful failures that have rightly horrified people seem to be failures of risk assessment, information sharing, institutional practice, professional judgment and resourcing. The Centre for Policy Research on Men and Boys puts it well: “If abusive contact is being ordered or preserved inappropriately, then the concern lies with the quality of risk assessment, the speed and fairness of investigation, and the consistency with which courts and agencies apply the law.” That is a useful and constructive way of putting the point. It does not deny the seriousness of the problem, but it does ask whether the solution is the right one.”
“If the Government are minded to proceed, we need a clear understanding of how the replacement framework will continue to distinguish between safe parental involvement, which can be beneficial, and unsafe parental involvement, which must be stopped. At present, I am not sure the Bill by itself gives enough reassurance on that point, and I am worried that safe parental contact will be discouraged. That leads to one of the most important points of all. The Government’s own documents suggest that repeal alone may not be the solution that they are hoping it will be. As mentioned earlier, the impact assessment says, “repeal alone is unlikely to materially change outcomes”, although it is expected to change the process that judges follow. That is a significant admission.”
“The Family Services Foundation points out that the Children Act 1989, practice direction 12J and the Domestic Abuse Act 2021 already equip the courts to restrict or refuse contact where “harm is shown”. It also reminds us that the UK is bound by the UN convention on the rights of the child, including article 9, which recognises that children should maintain regular contact with both parents unless that is “contrary to the child’s best interests”. Both Parents Matter makes a similar point, saying: “The Presumption was introduced in 2014” to reflect the UNCRC and provide a statutory benchmark that the safe involvement of both parents generally furthers child welfare. I emphasise the word “safe”—no one has ever said that parents should be involved if it is not safe. I make those points not to argue that nothing should change.”
“Equally, I recognise the contrary concern expressed by survivors who say that, in abuse cases, the presumption can place pressure on courts to prioritise parental contact even where there are serious safety concerns and can make it harder for victims to be properly heard and protected. The real question is therefore not whether safety matters more than contact—it plainly does—but whether removing the current presumption will improve how risk is identified and acted upon, or whether it risks creating new uncertainty while leaving the deeper operational problems untouched and discouraging parental involvement in cases where it would actually be beneficial. There are already substantial protections in the current legal framework, although they clearly fail in the worst way on occasion.”
“It is important to start with the facts around the presumption. The current presumption does not give any parent an automatic right to contact, override the welfare checklist or override the paramountcy principle in section 1 of the Children Act 1989, and it certainly does not require courts to make orders that place children at risk. The Family Services Foundation is clear in its written evidence that current law already places the child’s welfare first, stating: “Section 1(6)…expressly ensures the presumption applies” only where parental involvement “does not put the child at risk of suffering harm”. It says that practice direction 12J and the Domestic Abuse Act 2021 already provide an important framework for identifying and responding to abuse in family proceedings.”
“It is really important that we do not make changes to law because everyone wants us to make those changes and thinks that will improve things when, in reality, we have the evidence and facts to know that it may not deliver those outcomes. It is incumbent on all of us to make sure that we actually deliver the outcomes that we all desire; we all have the same ambition. I know this comes from a good place and we are all approaching this debate in the best way we can to protect children. My purpose this afternoon is to be constructive—I am not saying I have all the answers on this, and I hope my comments will be taken in that spirit. If the Government proceed with repeal, do they also need to do more to provide a principles replacement framework, clearer guidance and stronger supporting reforms?”
“Where the present framework has contributed to poor outcomes, it is right that the Government act, but it is also incumbent on us today to make sure that the clause that is being repealed is indeed the cause of the harm to those children. I also make the point that, where Parliament removes an existing statutory principle, it has a duty to be clear about what will replace it. My concern today is less with the Government’s objective than with whether repeal on its own is sufficiently precise, evidence based and thought through to achieve the Ministers’ intended objective. The Government’s own impact assessment, which has already been set out, says that “repeal alone is unlikely to materially change outcomes”, even though it is expected to “change the process judges follow”. That is an important starting point for this debate.”
“I begin by echoing the comments made by my hon. Friend the Member for Bexhill and Battle. I completely understand why the Government have brought this clause forward. I welcome the debate. Similar to the hon. Member for Chichester, who spoke so eloquently, I was deeply moved by the evidence we heard from Claire Throssell. I cannot even imagine how she has coped. To do what she has done and to try to take something positive from that is an incredible thing. The evidence this Committee has heard from those witnesses and other survivors of domestic abuse is that they feel that the family courts have not properly identified risk and believe that a pro-contact culture has, at times, overridden safety. That is extremely concerning, and it is absolutely right that we take it extremely seriously. Child safety must come first.”
“I am sure people saw me during evidence. I get really upset about the loss of any child’s life. We have to remember that we all want to keep children safe— [ Interruption. ]”
“Maybe this isn’t enough.” I am not saying that we should not do it; I am saying that we just need to make sure that we have thought this through. I will be really keen to hear from the Minister; I know this really matters to her as well, and she will have done that thinking, so I look forward to hearing her thoughts on the challenges I have brought up today. But, as I say, I keep an open mind, and we all share the same objectives.”
“That is difficult when we are hearing from lots of different people who have gone through awful things, but our job is to try to not be emotional—I say that having got emotional myself—and to look at it logically. At the end of the day, we all just want to deliver the outcome that protects children. That is what all of us on this Committee want to do. But it is important that we can talk about that without the hon. Member suggesting that I somehow do not care about children, because what I am trying to do is to have that objectivity, because it matters to me so much that we do protect those children that I want us to have that proper debate and to say, “Is this really the right way or are there other things we can be doing? Do we need to do multiple things?”
“From the family courts to social services, her GP and the school, there was just a barrage of failure that led to that poor little girl being murdered, and that absolutely could have been prevented. People might argue, “Well, if we had removed the parental presumption, that would have saved her.” Having gone through all that, I can tell the hon. Member that, in that case, it would not have done anything. It was safeguarding failures. People just made mistakes. They got things wrong. They were too worried about offending people to take the right actions. What I am saying today is just that it is really important, when we look at these things, that we diagnose what went wrong. We have to do that quite objectively.”
“No, I’m okay. I would gently say to the hon. Member for North West Leicestershire that I hope she has heard—and even seen—enough from me to know that I am here to protect children. Of course I am horrified by any loss of a child, but my point is that I am trying to step back, be objective and say, “What is the reason that those children lost their lives?”. I am not convinced that it was the parental presumption—I am not saying that I am right on that; I am just open-minded to it. I have seen a particular case quite closely—I should declare that I am a serving county councillor in Surrey—and that is the case of Sara Sharif. I have gone through the safeguarding reviews in a huge amount of detail; it affected all of us councillors in Surrey greatly. It was an absolutely awful case. So many things went wrong throughout her life.”
“This has been a really good debate, and I look forward to hearing from the Minister about some of the points I have raised.”
“I completely agree with the hon. Member. I appreciate the fact that she has tabled these amendments and that she recognises that it is not easy to strike this balance, particularly when we are trying to address abuse and alienation cases and it is sometimes hard to know what situation we are dealing with. We are trying to come up with a system that protects as many people as we possibly can, but I think we also have to acknowledge that it will never be perfect. If anyone thinks that we can change one bit of law and then all of a sudden nothing horrible will ever happen again, I am afraid to say that these awful things will always happen, and things will always go wrong. It is about trying our best to have a framework that gets the balance right. I will stop there—I have probably made my point.”
“However, several stakeholders have criticised the assumptions and modelling, especially those on how much time judge-only trials would save. The Government’s core assumption is that hearing times will fall by 20% for judge-only trials, but Sir Brian himself accepted that this was associated with high levels of uncertainty, and the Justice Committee challenged how anecdotal the basis for that figure appeared to be.”
“The Bar Council says: “The retrospective provisions may also be subject to numerous legal challenges.” Dr Samantha Fairclough argues that the plan is unfair, and she says: “It will also create significant additional work…and likely result in appeals.” That all points in the same direction. Retrospectivity here is not just constitutionally unattractive; it will ultimately prove to be practically self-defeating. A very large part of the Government’s case for clause 3 rests on the impact assessment, which says that clauses 1 to 7 will reduce Crown court sitting days by 27,000 a year, while increasing magistrates court sitting days by 8,500. It also says that the Crown court open caseload will fall by around 14,000 cases over 2028-2029, and that “overall the reforms will reduce demand on Crown Court time by almost 20%”.”
“The Minister herself has defended that approach by saying that the Government are on sound legal ground, and that there is no procedural or legal impediment, relying on advice from—as I recall—an unnamed KC. However, political defensibility and legal ingenuity are not the same as fairness. To put this in very plain terms, people did not opt to go to Crown court for the car parking or the architecture; they chose it for one thing only—a jury. To move the goalposts after the choice is made is profoundly unfair, regardless of other considerations. The Committee will recall reading through the written evidence from some eminent groups and individuals that, in as many words, call this retrospective application contrary to the rule of law.”
“Although the Committee has already debated the retrospectivity point at some length, clause 3 itself remains infected by it. The new allocation procedure will apply to cases already in the Crown court open caseload, including cases where the defendant has already been arraigned at a PTPH before the new regime comes into force, so long as the prosecution has not yet opened its case. For those cases, the court must make a determination under proposed new section 74A as soon as is reasonably practicable, and may do so without a hearing. That means that a defendant who chose a Crown court trial, expecting a jury, may wait months, prepare for that jury and then lose it retrospectively.”
“JUSTICE warns that the likely consequence of the proposal is judicial review pressure on the High Court, and appeal pressure on the Court of Appeal once written reasons are handed down, meaning that the supposed efficiency savings may be displaced into other courts. The Bar Council says much the same; it proposes, as a minimum safeguard, that there should be a hearing before reallocation, unless the parties waive it, and that there should be an appeal right. The absence of appeal is especially troubling because summary trial has historically been justified by two safeguards: lower-level offences and the ability to appeal. The Bill proposes to remove both. It moves up the seriousness of cases, while stripping away the classic safeguard of easy correction—that is not a tolerable bargain.”