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Restriction of Jury Trials 2025-12-08
08 December 2025
Lead MP
Robert Jenrick
Debate Type
Urgent Question
Tags
Justice & Courts
Other Contributors: 20
At a Glance
Robert Jenrick raised concerns about restriction of jury trials 2025-12-08 in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
Will the Minister confirm the accuracy of data used to justify the restriction of jury trials in relation to rape victim attrition rates and magistrates court capacity? The MP expresses concern over the Deputy Prime Minister's statement about 60% of victims withdrawing from cases due to delays, questioning if this figure is accurate and whether the proposed changes are justified.
Robert Jenrick
Con
Newark
Question
The Government's proposal is based on inaccurate data, as Home Office statistics show only 9% of rape cases are abandoned after charges. The MP also questions the claim that magistrates courts have no backlog and whether reducing jury trials will cut trial times by 20%, pointing to Sir Brian Leveson’s review which deemed this figure uncertain.
Minister reply
The Government has engaged extensively with stakeholders, including victims' organisations, and recognises the system is broken. The reforms are based on independent evidence from Sir Brian Leveson's review, recommending changes such as increasing magistrates court capacity and removing defendants' right to insist on a jury trial for triable either-way offences.
Andy Slaughter
Lab
Hammersmith and Chiswick
Question
The MP requests more evidence regarding the impact of proposed changes on reducing backlog, asking what proportion of cases will no longer be eligible for jury trials. He inquires about sentencing powers and their effect on prison population.
Minister reply
Of course we will provide an impact assessment with legislation; however, current data shows that magistrates court trials are four times faster than Crown court trials. This evidence supports our reforms aimed at addressing the backlog through modernisation and systemic changes.
Chichester
Question
The MP questions whether removing jury trials will address delays caused by court mismanagement, private contracts breaking down, and seeks confirmation on which stakeholders have been consulted and their feedback.
Minister reply
All relevant bodies, including victim support organisations, legal professionals, and the Bar Council, have engaged with the independent review led by Sir Brian Leveson. The incoming Victims’ Commissioner also supports bold reform recommended in the review.
Debbie Abrahams
Lab
Oldham East and Saddleworth
Question
I have had a number of cases, including two recently. When the Opposition were in power, a woman came to me with her case, which was of historical child sexual abuse; her trial was being adjourned repeatedly, and there was a risk that the perpetrator would die before the case was heard. I now have two cases of children awaiting child sexual abuse cases that have had repeated adjournments. Can the Minister reassure me that the Government’s proposals might help to progress those cases, which are impacting lives?
Minister reply
I am very sorry to hear about my hon. Friend’s cases, which graphically highlight precisely why reform is needed and the grave crisis in our criminal justice system. We need a holistic approach: reform, significant investment and modernisation. Such stories motivate me to work every day to get these reforms through and deliver swifter justice for victims.
Desmond Swayne
Con
New Forest West
Question
My maths teacher always required us to show our workings. Last week, the Secretary of State told us that only 3% of prosecutions proceed to jury trials. How can marginally reducing such a small proportion produce the savings that have been identified? Will the Minister publish the modelling?
Minister reply
We have the IRCC—Sir Brian Leveson’s review. Over 388 pages of careful analysis, he sets out how his package of reforms will begin to bear down on the backlog. As I have said, an impact assessment will of course be provided in the ordinary way, but I can tell the right hon. Gentleman and assure the rest of the House that unless we were confident that the package of reform and investment that we are bringing forward was capable of bringing down the backlog, we would not be pursuing it.
John Slinger
Lab
Rugby
Question
Does the Minister recall that the right hon. Member for Newark (Robert Jenrick) was chastised by the Office for Statistics Regulation when he was Housing Secretary? Does she further agree, therefore, that we will not take lessons from him?
Minister reply
I was not here when the right hon. Member for Newark was failing to show his working out. What I have observed, however, both in my professional life before I came to this House and since I have been the Courts Minister, is how the previous Government presided over an absolute collapse in criminal justice.
Steve Barclay
Con
North East Cambridgeshire
Question
If the right hon. Member had attended earlier debates, he would know that I have been clear that the state’s obligation is to guarantee everybody who comes before the court a fair trial. The essence of a fair trial is a swift trial—not one that might be two years away. It is not a guarantee of a jury trial, because 90% of cases in this country already take place without a jury trial. I have also made it clear that we believe in jury trials. I do not believe in jury trials that are delayed for a couple of years, where witnesses and victims pull out of the system, but I do believe in jury trials as a cornerstone of British justice.
Minister reply
If the right hon. Member had attended earlier debates, he would know that I have been clear that the state’s obligation is to guarantee everybody who comes before the court a fair trial. The essence of a fair trial is a swift trial—not one that might be two years away.
Sally Jameson
Lab/Co-op
Doncaster Central
Question
I am pleased, if not a little surprised, to see how keen the Conservatives have been to talk about issues of criminal justice in recent weeks, considering they showed next to no interest when they were in government and I was working in the prison system. I believe that the last Government stated that they would bring the Crown court backlog back to 53,000 by March 2025. Can the Minister therefore outline what the backlog was when we took office in July 2024?
Minister reply
As my hon. Friend knows, we inherited record and rising backlogs. As I have said, we have a mountain to climb. We are trying to turn around an oil tanker, and we are not going to do that simply by sitting our way out of the problem.
Paul Kohler
LD
Wimbledon
Question
I have some sympathy for the Minister. We all know that the Tories fiddled, leaving our criminal justice system to burn. As the Law Society president noted earlier this year, we are still not using our courts efficiently, despite what the Minister says. What steps have been taken to increase court sitting days and make better use of our under-utilised courtrooms?
Minister reply
First, I pay tribute not just to our judges, but our court staff and our hard-working prosecutors and defence lawyers, because we know that judges in the Crown court are hearing almost 30% more cases than they were pre-covid. In that sense, the system is working harder.
Emma Foody
Lab/Co-op
Cramlington and Killingworth
Question
It is horrific that victims of rape and sexual assault are waiting years for justice, and we should never forget, in these conversations or decisions, the toll that that process takes on a victim’s life. Can the Minister please confirm that victims will be kept at the heart of the justice system, and that this Government will deliver timely justice for survivors?
Minister reply
As she so often does, my hon. Friend has hit the nail on the head. We have in focus, at the heart of all that we are doing, the goal of delivering swifter justice for victims.
South Devon
Question
I think we would all agree that it is a tragedy when any rape victim withdraws from the criminal justice system, but I do not buy the faux outrage from the shadow Secretary of State. We know that rape trials will not be affected by this decision on jury trials, so I believe that the Deputy Prime Minister was wrong to use that as a justification for changing the jury trial process, but have the Government given any consideration, or will they be giving any consideration, to a specialist court system to deal with rape and sexual violence offences?
Minister reply
We are considering all avenues to improve the criminal justice system and ensure timely justice for survivors.
Julian Lewis
Con
New Forest East
Question
I am afraid that the Minister’s treatment of the 60% figure only tends to confirm my belief that one is better off with the common sense of 12 ordinary people than with one legal professional. Can she look again at this point? Yes, it is disastrous if 60% of women who allege rape drop the case before it proceeds to a conclusion, but if only 9% drop the case after the alleged criminal has been charged, the overwhelming reason for their dropping the case is not the length of the trial by jury, but the slowness between the reporting of the allegation and the criminal being charged. Will she accept that, in this case, she is looking at the wrong target?
Minister reply
I smile because I know the spirit in which the question is asked. The question that was asked earlier was put very well: a single victim of whatever crime—rape being one of the most agonising that we can imagine—is one too many pulling out of the system. We do not know exactly what is going through every victim’s head, and it is right to say that the 60% figure was accurate on its own terms. The questioner asked earlier about delays in the justice system.
Anna Dixon
Lab
Shipley
Question
On Friday, I met senior detectives in Bradford who investigate and bring prosecutions for historical cases of child sexual exploitation and abuse, including group-based abuse. They do all they can to support victims to get justice—in fact, West Yorkshire police were commended by Baroness Casey for its work—but it was clear to me that court delays add to the trauma experienced by victims and survivors who bravely come forward. That is true for those I have spoken to. How will these reforms speed up justice for victims of rape, serious sexual offences and vile grooming gangs?
Minister reply
I thank my hon. Friend for all her tireless work for victims in her community who have been seriously impacted by some of the crimes that she outlines. My job is to take a look at the whole system and how it is functioning for all victims, for those who are accused and for all participants in the system who are currently being let down. The package of measures that was announced last week includes an increase in sitting powers, and the removal of the defendant’s right to choose jury trial.
James Wild
Con
North West Norfolk
Question
There is capacity for almost 2,000 more court sitting days that are not being used for rape or other trials at the moment. Why is the Justice Secretary not prioritising funding those days to help reduce the backlog, rather than trying to scrap jury trials?
Minister reply
We are looking, where we can, to invest as much as possible, but I remind the hon. Member that, when we talk about investment in sitting days, we must look at system capacity. That requires not just judicial time, but sufficient numbers of barristers—both defence and prosecution—and as the previous Lord Chancellor said, we cannot simply 3D print those. We have to invest in the professionals, and that is exactly what we announced last week, with £92 million in legal aid for criminal solicitors and an additional £34 million for barristers.
Shaun Davies
Lab
Telford
Question
In Shropshire and wider West Mercia, victims of rape and other serious offences are being told to wait for their jury trials into 2027, 2028, and even later. Meanwhile, defendants of some other offences are opting for jury trials, the magistrates having already accepted jurisdiction. Is it not time that we back, trust, and empower our magistrates and district judges up and down this country?
Minister reply
Yes. As my hon. Friend knows, when I came to visit the justice centre in Telford with him we spoke a lot about the role that magistrates play, and I want to pay huge tribute to them. The proposals we brought forward last week are, as his question suggests, a huge vote of confidence in our magistrates and in our magistrates courts system to hear cases swiftly and robustly.
Luke Evans
Con
Hinckley and Bosworth
Question
I congratulate the Minister on both her passion and her ability to get so many words into Hansard in her responses on an urgent question. However, one bit of detail that we are missing—and she is now being asked about this for the fifth time—is an impact assessment. She has said again that the impact assessment will be brought forward at the appropriate time. The question was: has it been written already and she is keeping hold of it, or has it not been written but will be brought forward at the appropriate time? I would appreciate clarity on that, with a simple yes or no.
Minister reply
The hon. Member can get hold of Hansard and read my previous answer, which is that there will be an impact assessment at the requisite moment.
Chris Vince
Lab/Co-op
Harlow
Question
I find it heartbreaking to hear that there are victims of domestic violence, rape, and sexual violence who feel that they are tackling a system that is absolutely broken. From a piece of casework I have dealt with, I can tell the House about a young lady, the victim of domestic violence, who had to wait so long for justice to be served that she actually returned to the perpetrator. To me, that is not only terrifying but obviously it had a huge impact on her family. Can I ask the Minister, working with the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), to promise me that she will do everything she possibly can to ensure that victims of domestic violence, sexual abuse and rape get the justice they deserve as soon as they can?
Minister reply
I can give my hon. Friend the assurance that the Under-Secretary of State and I are working incredibly hard. This is central to our Government’s mission to halve violence against women and girls, and we have to look at how not just the delays in our criminal justice system but the processes in our courts are often retraumatising women and girls. We are resolute in our efforts to tackle exactly what he has described.
Lincoln Jopp
Con
Spelthorne
Question
The Government’s proposals on jury trials are causing concern and consternation in my constituency, and my mailbag is quite full of people’s messages opposing the Government’s proposals. Just so we understand where the Secretary of State is on this, could the Minister please explain to us what he is doing right now such that he could not come and answer this urgent question himself?
Minister reply
At the moment, the Secretary of State is giving a very important speech launching the Government’s anti-corruption strategy.
Sarah Sackman
Con
Filton and Bradley Stoke
Question
What assessment has been made of the impact that judge-only trials can have on the victims of rape, and what steps will be taken to ensure that judge-only trials do not feel less empowering, because this step could increase victim attrition with victims feeling that they do not have the support of the public?
Minister reply
Let me make it very clear that for the offence of rape there will always be a jury trial. That was made clear in our proposals last week.
Government Response
This Government inherited an emergency in our criminal courts with record and rising caseloads causing victims to face delays, leading many to withdraw from the process. Sir Brian Leveson's review highlighted that around 60% of rape victims are pulling out before trial due to such delays. The system was not designed for these scenarios, leaving it broken and failing victims. For serious cases in Crown courts, delays are unacceptable; therefore, reforms including increased magistrates court capacity and record investment aim to improve justice delivery. These changes will ensure that more severe crimes receive timely trials.
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