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Courts and Tribunals Bill - Sitting 9

23 April 2026

Proposing MP
Rupa Huq Lab
Ealing Central and Acton
Type
Public Bill Committee
TAGS
Justice & Courts

At a Glance

Issue Summary

The statement addresses amendments to Clause 7 and Schedule 2 of the Courts and Tribunals Bill, which aim to modify the process for criminal appeals from magistrates' courts. The statement discusses the proposed reforms to the magistrates courts appeals process under the Courts and Tribunals Bill. The statement discusses amendments to Clause 7 of the Courts and Tribunals Bill which aims to replace the automatic right of appeal in magistrates courts with a permission-based model. The MP is discussing the importance of maintaining a right to appeal for those convicted in magistrates courts, particularly for individuals who may not have adequate legal representation or education. The statement discusses concerns about proposed changes to the appeals process in magistrates courts under the Courts and Tribals Bill. The speaker opposes changes proposed in Clause 7 and Schedule 2 of the Courts and Tribunals Bill that would narrow the right to appeal from the magistrates court to the Crown court. The statement addresses concerns about access to legal aid and the efficiency of the appeals process in magistrates' courts. Rupa Huq discusses clause stand part of the Courts and Tribunals Bill, specifically addressing an amendment related to restricting evidence or questions about complainant's sexual history. The statement discusses the admissibility of sexual history evidence in criminal courts and the proposed changes under Clause 8 8 of the Courts and Tribunals Bill. The speaker discusses the positive aspects of a clause while also cautioning about potential negative impacts from other changes. They highlight concerns raised by Victim Not Suspect regarding the verification and reliability of digital evidence. The statement discusses reforms to the Courts and Tribunals Bill aimed at preventing rape myths from entering courtrooms and improving protections for victims of sexual violence.

Action Requested

Rupa Huq proposes several amendments that would broaden the test for granting permission to appeal, ensure a right to appeal orally, and allow retrials by jury in certain circumstances. She also seeks guidance on whether an amendment has been moved.

Key Facts

  • The existing position allows defendants to appeal without stating reasons or grounds.
  • Only 1% of cases from magistrates courts are appealed to the Crown court.
  • Part of evidence cited includes recommendations by Sir Brian Leveson.
  • Amendment 63 aims to broaden the test for granting permission to appeal.
  • In 2025, there were about 5,000 appeals from magistrates court to Crown court against sentence, accounting for approximately 4% of annual Crown court receipts.
  • The amendment would allow large numbers of appeals to be directed automatically to a jury trial in the Crown court without any permission test or filter.
  • Lower-level summary-only offences could receive a jury trial on appeal under certain amendments.
  • Around 40% to 42% of appeals against convictions from magistrates courts are successful.
  • Roughly 44% to 47% of appeals against sentences from the same court are also successful.
  • The Law Commission rejected proposals for a permission stage, citing no evidence that the current system is being abused.
  • Legal aid thresholds differ between magistrates and Crown courts, affecting eligibility for legal support in appeals.
  • The Bar Council described the Bill's provisions as a 'comprehensive rolling back of safeguards'.
  • 40% of appeals are successful.
  • Most criminal cases (90%) are heard in the magistrates court.
  • Appeals form only about 1% of the Crown court backlog.
  • Legal aid has been considerably reduced by the Conservatives over the years.
  • Clause 7 and schedule 2 will introduce a requirement for an application for permission to appeal based on written grounds.
  • Less than 1% of cases from magistrates court go to appeal, but over 40% are successful.
  • The Criminal Bar Association argues that the measures harm access to justice.
  • JUSTICE raises concerns about the efficiency and fairness of the multi-stage permission system.
  • Clause 7 and Schedule 2 would replace automatic appeal rights with a narrower permission-based system.
  • About 40% of conviction appeals and 47% of sentence appeals succeed under the current system.
  • The Bar Council states that the proposed changes risk adding to the burden on criminal courts rather than reducing it.
  • In 2024, the automatic appeal route was used in 2,487 cases, overturning magistrates' decisions in 41% of convictions and 44% of sentences.
  • The proposed system would save about 500 Crown court sitting days.
  • The Government is committed to ensuring accessible routes to legal aid.
  • A hardship mechanism is available for cases requiring greater complexity and expenses.
  • Litigants in person in Crown court on appeal are provided with user-friendly forms and information.
  • Amendment 67 addresses clause 8 of the Courts and Tribunals Bill.
  • The amendment seeks to include behaviour or communication preceding the charge that is connected to the event itself.
  • Clause 8 aims to tighten rules governing admissibility of sexual history evidence.
  • The clause requires court consideration of whether suggested value of evidence relies on improper inferences.
  • The MP asks for assessment of threshold precision and workability.
  • Victim Not Suspect notes a need to address verification and reliability of digital evidence.
  • Without forensic verification, including IP address data and account ownership confirmation from platforms such as Meta, there is no reliable basis for assessing authorship.
  • Clause 8 reforms the framework for introducing sexual behavior evidence about victims.
  • Section 41 of the Youth Justice and Criminal Evidence Act 1999 provides existing protections.
  • The Law Commission's consultation found current provisions are complex and inconsistently applied.
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