Magistrates courts 'won't cope' with Lammy axing jury trials, MPs fear
MPs are “not convinced” magistrates’ courts will be able to cope with a potential increase in cases resulting from the Government’s court reforms, a report has warned.
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The Justice Committee report said it was “unrealistic” to propose 7,000 magistrates can be recruited in three years to reach a target of 21,000 by 2029, adding that previous recruitment campaigns have “fallen far short”.
Ahead of the Courts and Tribunals Bill returning to the Commons, the report recommended the Government put forward a plan to “significantly increase the number of salaried district judges in the magistrates’ court”.
The report said retention remains a “persistent challenge” and there is a “chronic shortage” of suitably qualified legal advisers.
It added that the Government must ensure the pay of legal advisers is “matched with comparable legal roles in the public sector”.
Planned reforms in the Courts and Tribunals Bill include the removal of a defendant’s right to elect a crown court trial, expanding magistrates’ sentencing powers, reforming the appeals process and introducing judge-only trials in crown courts.
In the Justice Committee report, MPs wrote: “The decline in the number of magistrates and legal advisers is part of a long-term trend which we do not believe can be reversed simply because the Government has decided that allocating more cases to the magistrates’ court is the preferred solution to the crisis in the crown court.”
The committee said it was “shocking” that only 1% of crown court judges are black – a figure that has not changed since 2015.
It recommended the Government take action to “improve progression routes to the senior judiciary” and set a national target to achieve a representative judiciary and magistracy by 2035.
Chairman of the Justice Committee and Labour MP Andy Slaughter said: “The Courts and Tribunals Bill represents the most significant change to the criminal courts in more than half a century and will fundamentally reshape how justice is delivered in England and Wales.
"The committee recognises the urgency of the crown court crisis, with victims waiting years for justice as outstanding cases rise to 80,000, with listings for 2030.
“Given the contested nature of the reforms, it is difficult to understand why a broader consensus within Parliament and beyond was not sought before the Bill was introduced.”
On judge-only trials, the report concluded the Government should have put forward “a more concrete evidential basis for the time-saving benefits of judge-only trials alongside the Bill”.
The report recommended the Government include a requirement in the Bill that the Ministry of Justice reviews the first year of operation of judge-only trials in crown courts.