Rebecca Paul
MP for Reigate · Conservative · United Kingdom
“It is always a pleasure to serve under your chairmanship, Sir Desmond. I congratulate the hon. Member for Mid Dorset and North Poole (Vikki Slade) on securing today’s debate. This is a really important topic, and it is clear how passionate she is about it.”
House of Commons29 October 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The regulator must be robust when rules are broken, but without becoming so restrictive that broadcasters shy away from difficult subjects or controversial opinions, and those rules must always be applied consistently, regardless of a broadcaster’s political outlook.”
House of Commons29 October 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Unfortunately, that example shows how difficult it can be to enforce against overseas entities, putting Ofcom in an extremely difficult position.”
House of Commons29 October 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“This is an early measure, and we know that some platforms have introduced stronger age checks since; none the less, that initial report is disappointing and concerning. I hope the Minister will update us today on her view on the recommendations in the report and what further actions the Government are considering, if any.”
House of Commons29 October 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I therefore ask the Minister, bearing in mind the regulator’s operational independence, whether the Government are satisfied with its regulatory performance in respect of broadcast. Are they satisfied that Ofcom, in performing its duties, strikes the right balance between impartiality, accuracy and freedom of expression?”
House of Commons29 October 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Independent regulation in all those spheres is important. It is right that we should take this opportunity to consider whether Ofcom is delivering on its statutory duties and is well placed to take on the additional responsibilities allocated to it, particularly given how important they are.”
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“If we are increasing the sentence in the magistrates court, I would imagine the Minister will agree that, in some situations, we are increasing the complexity of the case. For example, a sexual assault case could be quite complicated and require, in order to look after the alleged victim and make sure their wellbeing is managed, four consecutive days of sitting to get that over with. How will the magistrates court do that? They are all volunteers, and quite often they are working. How will this help address the backlog if we are in a situation where those volunteer magistrates are not able to commit to the four consecutive days needed to deal with a complex and sensitive case such as a sexual assault?”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Does my hon. Friend agree that Government Members and the Minister have spent a lot of time talking about victims being central to all of the changes, so why on earth would they not support the amendment if it is really about protecting victims from being cross-examined?”
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“That suggests a lack of confidence, or a continuing tendency to send more serious cases upwards, which in turn means the Government’s projected savings may not materialise in anything like the way they hope. If magistrates are already not retaining all the cases that the Government assumed they would after the jump to 12 months, what is the evidence that authorising 18 or 24 months will suddenly transform the position? If cases continue to be sent up, or bounce between jurisdictions, the supposed efficiency gain becomes much more doubtful.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“There is then the practical point that clause 6 will not solve the pressure in the system so much as move it around. The change will merely transfer the burden from one overstretched part of the system to another. The Law Society says that the magistrates court already has its own backlog of more than 370,000 cases, and that the Government have shown no convincing plan to deal with the added pressure brought by more serious and complex cases. JUSTICE makes the same point, and adds an especially telling practical detail drawn from the Institute for Government’s analysis: since magistrates’ sentencing powers were increased from six to 12 months in 2024, only around 30% of sentences in the six-to-12-month band were handed down by magistrates.”
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“It warns that this raises the likelihood that “people will receive longer custodial sentences with fewer safeguards or opportunities to rectify wrongful convictions.” I will dwell on this point for a moment, as it is something that none of us who have been tasked with scrutinising the Bill in detail should forget. A system designed to be faster, simpler and less formal is being asked to shoulder cases in which the consequences are far more severe. Two years in prison is not some trivial matter: a custodial sentence like that can cost a person their job, their home, their family life, their good name and their future. A justice system that is appropriate for low-level offending cannot be assumed fit for cases that carry that sort of lifechanging penalty.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The extension of summary justice to cases in which a defendant could receive up to 2 years’ imprisonment…particularly when combined with the removal of a right to elect Crown Court trial, and the removal of a right of automatic appeal” amounts to a “comprehensive rolling back of safeguards.” That is blunt language, but it is hard to disagree with. Clause 6 will change the kind of cases that summary justice is expected to absorb. The Law Society warns that under the clause magistrates will have the power to impose lengthy custodial sentences for serious offences such as actual bodily harm, grievous bodily harm and possession with intent to supply drugs “in proceedings that are intended to be quicker” and less formal than than those in the Crown Court.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“If the Government and the Minister wish to make evidence-based law, they should first show Parliament what the 12-month expansion has actually done: what kinds of cases have been retained, what sentencing patterns have changed, what effect there has been on appeals, what impact there has been on magistrates courts and whether the claimed savings have materialised. Instead, they are asking, through clause 6, for a much broader delegated power, and inviting us to trust that this will all somehow work out later. That is not good enough where a question as fundamental as the administration of good justice is concerned. The Bar Council puts its objection crisply and, I think, rightly. It says: “Summary trial is designed for the purpose of dispensing swift justice in low-level cases.”
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“It is perfectly valid to ask, “If the very review on which the Government say the Bill is based said that 12 months should remain the ceiling, why are Ministers now seeking the power to raise it to two years?” Let me briefly touch on a second common-sense point. The move from six to 12 months took effect only for offenders convicted on or after 18 November 2024. In other words, the current system has barely had time to bed in and the Government are already asking Parliament to authorise a further jump to 18 or 24 months. The earlier increase to 12 months was justified as a response to court pressures, and the Government said it would save up to 2,000 sitting days. We have not had anything like enough time to assess properly how that change has worked in practice before Ministers seek power to go dramatically further.”
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“Sir Brian said that his recommendation on restricting the right to elect trial by jury was “contingent upon magistrates’ sentencing powers remaining at the current maximum of 12 months.” He also recommended that the Government’s ability to amend magistrates’ sentencing powers by statutory instrument be repealed, and that the current 12-month maximum be made permanent. Clause 6 therefore cannot be said to follow Leveson: it goes beyond him and, on this point, directly contradicts him. That is a serious weakness in the Government’s position. Ministers have repeatedly leaned on Leveson when defending the Bill as a whole, but in this instance he gave no endorsement of what clause 6 will usher in. More than that, he warned us directly against it.”
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“The Government have justified the change on the basis that the power is needed so that sentencing limits can be adjusted swiftly to rebalance work between the magistrates courts and the Crown court. The Government estimate that increasing the maximum to 18 months would save 8,000 Crown court sitting days. That all sounds rather neat but, in reality, it is another example of the Government trying to force more serious criminal business into a part of the system designed for swift, relatively low-level justice, and doing so before they have properly shown that the courts can absorb it or that the benefits are worth it. The first and perhaps most important point is that even Sir Brian Leveson did not recommend the change.”
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“It is a pleasure to start the day with you and end the day with you, Ms Jardine. I am sure you are very much enjoying starting your day with me and ending your day with me, too. [ Laughter. ] I have just realised how that can be interpreted. My apologies, Ms Jardine; I cannot account for the minds of other Members. To get back to business, I do not support clause 6 standing part of the Bill. It will expand the Government’s existing power to increase the maximum custodial sentence that a magistrates court can impose for a single either-way offence. The current maximum is 12 months, but the clause will permit Ministers, entirely at their own discretion, to increase that to 18 months or even 24 months. That will affect consecutive sentencing for multiple either-way offences.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I agree with my hon. Friend. Frankly, I am shocked that a Labour Government would do that. It is the last thing I expected of a Labour Government.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Thank you for that guidance, Ms Jardine, but that seems to suggest that we are not allowed ever again in this Bill Committee to bring up the fact that the right to elect for jury trial and rights to legal aid are being removed. Surely we need to be able to talk about that as we go through the Bill.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Thank you for that guidance, Ms Jardine. I would suggest that the legal aid changes are a really important outcome of clause 6. In fact, I think I would come under huge criticism if I made this speech without mentioning legal aid, because I have not raised it at all—well, I did in an earlier speech. I have not raised it at all today.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“It risks moving the backlog rather than solving it, and it does so by way of an over-broad delegated power that gives Ministers too much room to reshape criminal jurisdiction by regulation. The magistracy deserves respect, and nothing I say should be taken as criticism of the many magistrates who serve conscientiously and well, but having respect for magistrates is not the same thing as assuming that every structural burden should now be placed on the summary justice system. The Government have not even begun to make the case for the clause compellingly.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“For all those reasons, I oppose clause 6 standing part of the Bill. Even Leveson did not recommend this change; on the contrary, he said his wider recommendations were “contingent upon magistrates’ sentencing powers remaining at…12 months” and recommended that the power to alter them by statutory instrument “should be repealed”. The move to 12 months has taken effect only recently and has not yet been properly evaluated. The clause will extend summary justice into cases carrying up to two years’ imprisonment, despite the fact that summary justice was designed for lower-level, swifter cases. It will push more serious cases into magistrates courts that are already under strain, and do so in a package that also weakens appeals and intensifies legal aid problems.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“It does not simply set the limit and leave it there; it expands the regulation-making power so that the Government may increase the maximum to 18 or 24 months by statutory instrument. The delegated powers memorandum justifies that on the basis that magistrates’ sentencing limits may need to be adjusted swiftly “where operational pressures” require a “rebalancing of work”. Are we not, then, being asked to hand over a flexible tool that could be used to rebalance criminal jurisdiction by secondary legislation? I could not be more convinced that Parliament should retain oversight of increasing the powers of magistrates. At the very least, any such regulation should be made by affirmative resolution. This is not the sort of decision that should be casually adjustable at ministerial convenience.”
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“We know that individuals in full-time, minimum-wage employment may not qualify for legal aid in the magistrates court, and that unrepresented defendants often do not understand charges, and often enter inappropriate pleas, struggle with cross-examination and end up with harsher outcomes. Under the Bill, then, a defendant may face a much more serious case in a summary forum, with a possible sentence of 18 months or two years, yet be less likely to have publicly funded legal representation than they would be if the case were before the Crown court. That simply is not fair. Even if one were somehow persuaded that giving the magistrates courts the power to impose sentences of 18 or 24 months might in principle be acceptable, we would still have a major objection to how the clause is drafted.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Thank you for that, Ms Jardine. I reassure you that I will not be speaking for very much longer, but I will cover the last of what I consider to be the important points. Thank you for your guidance and patience. The Law Society warns that the Bill’s proposals will increase the number of defendants in magistrates courts who are ineligible for legal aid, even though they would currently qualify if their case were heard in the Crown court, because the magistrates court means test is significantly stricter. It notes that duty solicitor numbers have dropped sharply between 2017 and 2025 and that the impact assessment does not properly address “the disparity between the magistrates’ and Crown Court means tests”.”
House of Commons21 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Seven months ago, a national newspaper ran the story that Mandelson had failed security vetting, so how is it even possible that no one in No. 10 knew until last week?”
House of Commons20 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I also support paragraph (f) in amendment 24, which deals with cases where there are reasonable grounds to believe that the gravity or complexity might increase. Again, this is simply common sense. Criminal cases often evolve, evidence changes, witnesses come forward, and issues that initially looked straightforward become anything but in the crucible that is the courtroom.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“A sentence of under three years can still destroy a person’s livelihood, strip them of professional standing, end a career built over decades and permanently alter family life. The Government keep speaking as though anything beneath their threshold is somehow low level. The Opposition have rightly made the point that even where a sentence is below three years, the consequences can be catastrophic. Amendment 24 simply recognises that reality. There is an obvious point of fairness here, too. If the state wishes to prosecute a person in circumstances where conviction may ruin their livelihood or reputation for life, it is hardly excessive to say that jury trials should at least remain available. That is an ancient constitutional right and the Government should, even now, think very hard before removing it.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Friend the Member for West Suffolk (Nick Timothy), put it clearly on Second Reading when he said that the Government were proposing to remove fundamental rights “without a mandate, without a case and without any evidence”. —[ Official Report , 10 March 2026; Vol. 782, c. 207.] The Opposition also challenged Ministers on taking away jury trial for offences that cost defendants their jobs, their homes and their families. Amendment 24 responds precisely to that point. I note the inclusion in amendment 24 of cases in which the defendant would likely suffer significant reputational damage or have their employment or professional qualifications adversely affected. That is important because the seriousness of a case cannot be measured by custody alone.”
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“Because they are of good character, the likely sentence under the guidelines may be low enough that they lose jury trial altogether, even though the charge could destroy their future. Meanwhile, someone with previous convictions may be more likely to cross the sentencing threshold and so keep the right to a jury. That is exactly the sort of absurdity that amendment 24 tries to avoid. That is wholly consistent with the broader critique of the Bill. Conservative Members have repeatedly argued that the Government are treating this as an administrative exercise, when in fact people’s lives are at stake. The shadow Justice Secretary, my hon.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Additional flexibility makes for better outcomes. One of the strongest parts of amendment 24 is the recognition it gives to good character and to those who have not previously been convicted of an imprisonable offence. I raise this because the Government’s crude threshold risks producing perverse results. The people who may be hit hardest by clause 3 are precisely those who are newer to the justice system, those of previous good character and those for whom a conviction would be utterly life-changing. The Bar Council illustrated the point starkly in written evidence with the example of a 19-year-old student charged with possession with intent to supply after a small amount of Spice was found in their room—I am sure Members will remember my reciting that specific example in Committee on Tuesday.”
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“In other words, even the Bill recognises that the initial prediction may not tell the whole story; if that is so, why should that prediction be the sole basis on which a person loses the right to jury trial? Amendment 24 is so worth while because it states that in deciding whether a defendant should still have a jury, the court should not only look at the likely sentence but be able to consider whether: the defendant is of good character; they have previously been convicted of an imprisonable offence; they are treated as rehabilitated; conviction would cause significant reputational or professional harm; the gravity or complexity of the case might increase; and other exceptional circumstances. That does not strike me as radical. It is simply an attempt to make the law reflect reality and be less prescriptive.”
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“On amendment 24 and its list of conditions, the Government’s model under the clause is to ask the court at an early stage to forecast the sentence that would likely be imposed if the defendant were convicted. If the forecast is more than three years, there is a jury; if it is not, there is none. That is far too crude a test to bear the full constitutional weight that the Government want to place on it. The Bill itself exposes the weakness in the logic, because although the allocation decision turns on a prediction about a sentence above or below three years, the Bill also expressly states that nothing prevents a court sitting without a jury from later imposing a sentence of more than three years.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“This is the gateway to allow amendment 24, which lists various conditions, to work. The amendment matters because it opens the door to a more sensible approach, in which sentence is not the only thing that counts. That is exactly the right approach. When we deal with a constitutional safeguard as important as jury trial, the Committee should be wary of a system that turns entirely on a single mechanistic threshold. Human beings and criminal cases are not that neat, and Parliament should not pretend that they are. The amendment is therefore modest, tidy, entirely sensible and the necessary first step to add judgment, flexibility and common sense to a clause that has far too little of all three.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Friend the Member for Bexhill and Battle, is broad in nature, setting out an additional condition for jury trial when needed to ensure natural justice, whereas the hon. Member for Bolton South and Walkden takes a more granular approach to the problem by listing the specific circumstances that might warrant the need for jury trial, again to ensure fairness. Both approaches seek to achieve the same thing. I will speak to each amendment in a little more detail, starting with amendment 23. Clause 3 is currently built on one single condition for preserving jury trial in relevant cases: whether the defendant is likely to receive a sentence of more than three years if convicted. Amendment 23 would change the wording from “the condition” to “one or more of the conditions”.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“It is an honour to serve under your chairmanship, Dr Huq. I speak in support of amendments 23, 39 and 24 which, taken together, would do something simple but important: they would build a measure of flexibility back into the clause, so that jury trial is still available where the cause of justice requires it. The Minister should think carefully. As drafted, the clause creates a very blunt regime: unless the court predicts a sentence of more than three years, the trial is to be conducted without a jury. The amendments would go a small way towards softening that rigidity and making the system less arbitrary, more proportionate and hence more just. With the amendments, two different Committee members take two different approaches to delivering the same outcome of additional flexibility in the clause. Amendment 39, tabled by my hon.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Friend the Member for Bexhill and Battle tabled amendment 39, as well as amendments elsewhere in the Bill—in relation to clause 1, in relation to reallocation under clause 3, and in relation to clause 4—to seek to protect natural justice. We will keep making these points. If Ministers insist on creating judge-only routes, they must at the very least accept a residual safeguard based on natural justice. For all the reasons I have outlined, I support amendments 23, 39 and 24. They would deliver the additional safeguards needed, so I urge the Government to adopt either the Opposition’s amendment or the amendments tabled by the hon. Member for Bolton South and Walkden.”
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“The amendment says that a trial should still be conducted with a jury where the defendant demonstrates that to be tried without one “would amount to a breach of the principles of natural justice.” That is an extremely modest safeguard. It would not wreck the clause; it would merely build in additional protection through allowing an element of judgment to decide the mode of trial. It would not restore the right to a jury trial in every either-way case; it simply says that where the injustice is plain, a jury trial must remain available. I struggle to see how any Government serious about fairness could object to that. This is an issue of paramount importance on our side, and I hope on the Government’s side too. My hon.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“That is especially true in criminal justice, where the facts and human consequences of a case can vary enormously. A residual exceptional circumstances test is therefore not a weakness; it is a mark of maturity in the law. It recognises that Parliament should not force judges into injustice. If the Government truly believe in justice rather than mere throughput, they should have no objection to preserving a narrow, exceptional route to jury trial where justice plainly demands it. Amendment 39, tabled by my hon. Friend the Member for Bexhill and Battle, deals with the alternative, broader approach to building flexibility into clause 3. It is an especially important amendment because it puts the issue in the clearest possible terms: those of natural justice.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The Bill already recognises elsewhere that there can be a relevant change of circumstances requiring the court to revisit allocation, so the Government’s own drafting accepts that these matters are dynamic rather than static. If that is so, why would we not want to build in a bit more foresight at the front end as well? Paragraph (f) in amendment 24 is not some wild departure from the structure of the Bill; it sits comfortably with the Government’s own recognition that allocation decisions can become unsound as a case develops. It is simply a more prudent and realistic approach to cases in which the true seriousness may emerge only over time. Finally, the reference in amendment 24 to “other exceptional circumstances” is extremely important. No statute, however carefully drafted, can predict every factual scenario.”
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“I completely agree with the hon. Lady. She has set out a good example of the type of things that happen in reality. Life is not tidy, and unexpected things happen. As we look at the Bill and whether a sentence is over or under three years, it is easy to think in simple terms but, in reality, people who work in the justice system—I have not done so, but I have spoken to people who do—understand the movement and flexibility that is required. That is why amendment 24 works really well by taking that into account. The hon. Member for Bolton South and Walkden, who drafted it, clearly has real-world experience of what actually happens in a courtroom.”
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“My hon. Friend is making a powerful point about the existing backlog starting to go down, and why it is important that we look at that and understand the impact that other measures are having. Does he agree that the recent change to suspensions for three-year sentences, which went live only a few weeks ago on 22 March, will decrease receipts to court, as it will increase guilty pleas? Whether that is good or bad is a totally separate debate, but it will surely reduce the backlog further.”
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“It is clear that the Minister honestly believes this change will address the backlog. I do not doubt her sincerity—we believe differently, but I understand that that is what she believes. What concerns me is this: how many miscarriages of justice is she happy to accept in order to bring down the backlog? Why on earth, when miscarriages of justice are clearly going to happen as a result of these measures, are they not mentioned in the impact assessment? It makes no mention of one downside being a potential miscarriage of justice. I find that astonishing.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“As I have stated, the amendments are nothing other than fair and reasonable—in fact, they are a minimal safeguard. My colleagues and I have been clear that we should not be going ahead with these reforms, but if Ministers insist, the very least they can do is to ensure that they operate prospectively rather than retrospectively. People should be judged and dealt with under the rules in force when they made their election, not have the rug pulled from beneath them halfway through proceedings. That is why I support amendments 25, 12 and 43, and I urge the Government and the Minister to accept at least one of them.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I very much hope that the Minister will engage on this point. Our concern is echoed elsewhere in the written evidence we received. Dr Samantha Fairclough’s detailed submission to the Justice Committee states clearly that the Government’s plan to give the Bill retrospective effect is “unfair…will create significant additional work in allocating those cases…and likely result in appeals.” JUSTICE makes a similar point, saying: “Reallocation of cases already in the Crown Court caseload” could lead to judicial review challenges, further hearings and additional “burdens on both defendants and the prosecution”. Even on a practical level, the amendments are eminently sensible. They seek to diffuse the legal landmine that the Government are in danger of stepping on, and would avoid yet more work for a system that is already under intense strain.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I hope the Minister will agree that retrospective application is fundamentally unfair. If the Government are not moved by appeals to basic fairness, they should at least be moved by their own stated objective of reducing delay. The Bar Council is unmistakeable in warning us: “The retrospective provisions may also be subject to numerous legal challenges.” That is exactly the opposite of what Ministers say they are trying to achieve. If the Government push ahead with retrospective application, they risk drawn-out legal challenge, more hearings and more uncertainty in cases that are already in the system. Measures explicitly brought in to help to reduce the court backlog will, perversely, multiply it. This is exactly the sort of illogical thinking that Committee stage is intended to weed out.”
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“It would amount to a violation of one of the most foundational principles of our legal system: that retrospective legislation of this kind runs contrary to basic rule-of-law principles and requires the strongest possible justification. As JUSTICE, the cross-party law reform and human rights organisation put it in written evidence: “The retrospective application of the provisions is contrary to the rule of law.” It went on to state: “It is deeply unfair for defendants who elected Crown Court trial in expectation of a jury to have their cases heard by a judge alone under a process that did not…exist when they made that choice.” I always endeavour to see all sides of a given issue, but in this case I honestly struggle to see any argument against those statements.”
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“Amendment 12 would strip out the retrospective commencement provisions. Amendment 43 would instead tie the new regime to cases in which the first hearing in the magistrates court takes place after the change in the law. Those are different routes with the same fair and sensible objective. This should not be controversial. If the state tells a defendant that they have a right to elect for a jury trial and they exercise that right, it is manifestly unfair to turn around later and say that the right has vanished and that their case will now be dealt with under a wholly different system. In fact, to call it unfair fails to make the point seriously enough.”
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“Let us keep in mind that some of these people will be innocent, and remember that some may have chosen the magistrates route if they had known that going to the Crown court would not give them the jury trial they seek. The retrospective application of new rules is deeply unfair. Whatever side of the jury trial argument we are on, surely we can all agree that those who have already opted for jury trial should have that decision respected. The amendments differ slightly in drafting but all try to achieve the same thing: to ensure that where somebody has already elected for jury trial, that choice is respected and the new regime does not operate retrospectively. Amendment 25 would disapply the new allocation rules where a defendant has already elected Crown court trial before commencement.”
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“It is a pleasure to serve under your chairmanship, Ms Jardine. I am pleased to speak in support of amendments 25 and 12, and particularly in support of amendment 43, tabled in the name of my hon. Friend the Member for Bexhill and Battle. The amendments all engage with a simple point of fairness. Whatever one’s view of the Government’s wider proposals, it cannot be right to change the rules after a defendant has already elected for a Crown court trial. Such defendants made their choice under the current rules. They did not opt for Crown court for any reason other than the fact they would get a jury trial, so for the court to remove that choice from them without any hearing would frankly be shocking.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“That is an interesting debate, but probably not one that everyone wants to have right now. I will move on from such interesting questions, and I can tell that the Minister is delighted that I have decided to do so.”
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“I will speak in support of amendment 40, tabled in the name of my hon. Friend the Member for Bexhill and Battle, amendment 18, tabled in the name of the hon. Member for Chichester, and amendment 28, tabled in the name of the hon. Member for Bolton South and Walkden. Before I get into my speech, I think that the hon. Member for Chichester raised a really interesting point about whether we will ever really talk about “triable either-way offences” going forward, if these changes go ahead. In effect, we will have the rather strange situation—to take the example of category 2 sexual assault or death by careless driving—of either summary offences or those with a full Crown court and jury. It will be interesting to see how that all flows through in the definitions.”
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“It is the wrong way round. We expect the judge to make a judgment on sentence before the trial has even happened, which could change the type of trial the defendant is entitled to. That is fundamentally wrong. It is a flawed approach that will lead to bad outcomes for defendants and complainants.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“We also need to bear in mind that the allocation process that the magistrates undertake under the current rules will also get more complex once the sentencing powers increase up to two years. There will have to be allocation decisions for more complex offences such as sexual assault and death by careless driving. Do magistrates have the expertise to accurately assess the likely sentence in those types of cases to adequately assess victim impact? The Government’s approach sounds simpler on paper, but I hope I have demonstrated that in reality I am not sure it is once we delve into it. These proposals add a not insubstantial amount of work simply to decide where to allocate the trial, essentially undertaking almost a mini trial to review the evidence before the allocation can even be decided. That does not sound time saving to me.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The judge does not magically know the likely sentence; they need to understand the facts, the detail of the alleged offence and the impact on the victim before they can even begin to do that accurately. If they get it wrong, which is increasingly likely if insufficient information is available to them, that could result in defendants being denied a jury trial when they should have had one. That brings me on to my next concern. How long will it take on average for the judge to do all this? Has that been factored into the Crown court saving of 27,000 sitting days? Has the increased time that the magistrates will need to spend on this, due to the complexity of cases, been factored into the increased demand of 8,500 sitting days?”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Is it proposed that victim impact statements will be relied upon at the point of determining an allocation? What happens if, at that point, the impact is not yet known? For example, the complainant might still be in hospital, medical evidence might remain outstanding or the psychological impact might not be known for many weeks or months. On the face of it, we probably all thought that a judge deciding whether the likely sentence will be more than three years sounded straightforward. We would think that they just look at the sentencing guidelines, but I am not sure it is that straightforward. Once we start thinking it through and listening to those working in the justice system—I have spoken to people about this—we soon realise that it is far from simple, especially for complex cases such as sexual assault.”
House of Commons16 April 2026Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗