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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

At a Glance

Issue Summary

The statement addresses amendments to Clause 7 and Sche [4D [K Schedule 2 of the Courts and Tribunals Bill, which aim to modify the proces [6D [K process for criminal appeals from magistrates' courts. The statement discusses the proposed reforms to the mag [3D [K magistrates courts appeals process under the Courts and Tribunals Bill. The statement discusses amendments to Clause 7 of the C [1D [K Courts and Tribunals Bill which aims to replace the automatic right of appe [4D [K appeal in magistrates courts with a permission-based model. The MP is discussing the importance of maintaining a ri [2D [K right to appeal for those convicted in magistrates courts, particularly for [3D [K for individuals who may not have adequate legal representation or education [9D [K education. The statement discusses concerns about proposed changes [7D [K changes to the appeals process in magistrates courts under the Courts and T [1D [K Tribals Bill. The speaker opposes changes proposed in Clause 7 and Sc [2D [K Schedule 2 of the Courts and Tribunals Bill that would narrow the right to [K appeal from the magistrates court to the Crown court. The statement addresses concerns about access to legal [K aid and the efficiency of the appeals process in magistrates' courts. Rupa Huq discusses clause stand part of the Courts and [K Tribunals Bill, specifically addressing an amendment related to restricting [11D [K restricting evidence or questions about complainant's sexual history. The statement discusses the admissibility of sexual his [3D [K history evidence in criminal courts and the proposed changes under Clause 8 [1D [K 8 of the Courts and Tribunals Bill. The speaker discusses the positive aspects of a clause [K while also cautioning about potential negative impacts from other changes. [K They highlight concerns raised by Victim Not Suspect regarding the verifica [8D [K verification and reliability of digital evidence. The statement discusses reforms to the Courts and Tribu [5D [K Tribunals Bill aimed at preventing rape myths from entering courtrooms and [K improving protections for victims of sexual violence.

Action Requested

Rupa Huq proposes several amendments that would broa [4D [K broaden the test for granting permission to appeal, ensure a right to appea [5D [K appeal orally, and allow retrials by jury in certain circumstances. She als [3D [K also seeks guidance on whether an amendment has been moved.

Key Facts

  • The existing position allows defendants to appeal without [7D [K without stating reasons or grounds.
  • Only 1% of cases from magistrates co [2D [K courts are appealed to the Crown court.
  • Part of evidence cited includes [K recommendations by Sir Brian Leveson.
  • Amendment 63 aims to broaden the t [1D [K test for granting permission to appeal.
  • In 2025, there were about 5,000 appeals from magistrates [K court to Crown court against sentence, accounting for approximately 4% of a [1D [K annual Crown court receipts.
  • The amendment would allow large numbers of [K appeals to be directed automatically to a jury trial in the Crown court wit [3D [K without any permission test or filter.
  • Lower-level summary-only offences [8D [K offences could receive a jury trial on appeal under certain amendments.
  • Around 40% to 42% of appeals against convictions from mag [3D [K magistrates courts are successful.
  • Roughly 44% to 47% of appeals against [7D [K against sentences from the same court are also successful.
  • The Law Commi [5D [K Commission rejected proposals for a permission stage, citing no evidence th [2D [K that the current system is being abused.
  • Legal aid thresholds differ bet [3D [K between magistrates and Crown courts, affecting eligibility for legal suppo [5D [K support in appeals.
  • The Bar Council described the Bill's provisions as a [1D [K a 'comprehensive rolling back of safeguards'.
  • 40% of appeals are successful.
  • Most criminal cases (90 [3D [K (90%) are heard in the magistrates court.
  • Appeals form only about 1% of [K the Crown court backlog.
  • Legal aid has been considerably reduced by the [K Conservatives over the years.
  • Clause 7 and schedule 2 will introduce a requirement for [K an application for permission to appeal based on written grounds.
  • Less t [1D [K than 1% of cases from magistrates court go to appeal, but over 40% are succ [4D [K successful.
  • The Criminal Bar Association argues that the measures harm a [1D [K access to justice.
  • JUSTICE raises concerns about the efficiency and fair [4D [K fairness of the multi-stage permission system.
  • Clause 7 and Schedule 2 would replace automatic appeal ri [2D [K rights with a narrower permission-based system.
  • About 40% of conviction [K appeals and 47% of sentence appeals succeed under the current system.
  • Th [2D [K The Bar Council states that the proposed changes risk adding to the burden [K on criminal courts rather than reducing it.
  • In 2024, the automatic appea [5D [K appeal route was used in 2,487 cases, overturning magistrates' decisions in [2D [K in 41% of convictions and 44% of sentences.
  • The proposed system would sa [2D [K save about 500 Crown court sitting days.
  • The Government is committed to ensuring accessible routes [6D [K routes to legal aid.
  • A hardship mechanism is available for cases requiri [7D [K requiring greater complexity and expenses.
  • Litigants in person in Crown [K court on appeal are provided with user-friendly forms and information.
  • Amendment 67 addresses clause 8 of the Courts and Tribuna [7D [K Tribunals Bill.
  • The amendment seeks to include behaviour or communicatio [12D [K communication preceding the charge that is connected to the event itself.
  • Clause 8 aims to tighten rules governing admissibility of [2D [K of sexual history evidence.
  • The clause requires court consideration of w [1D [K whether suggested value of evidence relies on improper inferences.
  • The M [1D [K MP asks for assessment of threshold precision and workability.
  • Victim Not Suspect notes a need to address verification a [1D [K and reliability of digital evidence.
  • Without forensic verification, incl [4D [K including IP address data and account ownership confirmation from platforms [9D [K platforms such as Meta, there is no reliable basis for assessing authorship [10D [K authorship.
  • Clause 8 reforms the framework for introducing sexual beh [3D [K behavior evidence about victims.
  • Section 41 of the Youth Justice and Cri [3D [K Criminal Evidence Act 1999 provides existing protections.
  • The Law Commis [6D [K Commission's consultation found current provisions are complex and inconsis [8D [K inconsistently applied.
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