Let me first thank the Minister and other colleagues on the Bill Committee for their kind comments on the last day. Sadly, I was unable to join them because I had tested positive for covid Double vaccinations protected me well, and I got off lightly. I am also grateful to the Minister for his helpful engagement with many of our concerns in Committee.
The Opposition understand the need to modernise our court and tribunal proceedings, and we appreciate the potential of online and digital procedures to increase the efficiency of our courts for those who use them and work in them. However, we also recognise that alongside any innovative changes, appropriate safeguards must be introduced to ensure that access to justice and engagement in our justice system are not inadvertently hampered for anyone. I am concerned that the criminal procedure and online rules procedure sections of the Bill as drafted do not sufficiently safeguard access to justice, particularly for young people and children and people with vulnerabilities.
On Second Reading, the Lord Chancellor said:
“Physical hearings will always be available for those who need and want to use them, so that those who are uncomfortable or cannot access the digital and online applications will not be prejudiced.”—[Official Report, 26 October 2021; Vol. 702, c. 195.]
While I welcome that commitment from the Lord Chancellor, I do wonder why the Government would not go so far as putting such safeguards in the primary legislation, instead choosing to vote down every Labour amendment that tried to secure the rights of young and vulnerable individuals to engage with the justice system in the way most suitable for them. Today we are giving the Government a second chance, and I hope that the Minister uses it well and supports the amendments we have tabled.
Before I come on to the Opposition amendments, I will address new clause 1 and its consequential amendments, as we were not able to scrutinise these proposals in Committee. At this stage, I join the Minister in praising the work of our magistrates up and down the country. They do a grand job, often in very difficult circumstances. However, I do not understand why we did not have the opportunity of full legislative scrutiny of these proposals in Committee, rather than their being tabled at this late stage. Indeed, in response to an intervention from the hon. Member for Warrington South (Andy Carter) on Second Reading, the Lord Chancellor confirmed that the proposals were already being considered at that time.
Ministers have explained that new clause 1 is intended to provide additional capacity to help decrease the burgeoning backlog of cases in the Crown court. In the Ministry of Justice’s own statistics, released just last week, it has been revealed that delays in the criminal justice system have hit a record high. It takes an average of 708 days from the commission of an offence to the completion of a criminal case in the Crown court, so we need action. The Opposition want to see dramatic decreases in these numbers, and will support the Government in measures that will genuinely contribute to a reduction in the backlog. However, I seriously doubt that increasing sentencing powers of magistrates will have the measurable impact that all those involved in the criminal justice system are crying out for.
According to the Government, the measures could
“save 1,700 sitting days in the Crown Courts by enabling 500 jury trials to be switched to magistrates”.
It appears, however, that that estimate presumes that defendants will not exercise their right to opt for a jury trial. Will the Minister tell the House on what basis the Government have made this presumption? It strikes me that one of the primary reasons for not electing for a trial in the Crown court is in fact the lesser sentencing powers of magistrates, but as this cap is increased, I imagine that a trial by jury may seem a more appropriate option for more defendants and so they will still end up in the Crown court. Even if all defendants did choose not to exercise their right, the Government’s plan would represent a tiny saving overall.
I see that Jo Sidhu QC, chairman of the Criminal Bar Association, has also suggested that the increase in magistrates’ sentencing powers will not have the effect that the Lord Chancellor hopes, as it will lead to more cases being appealed in the Crown court, thereby potentially increasing rather than reducing the workload.