Bar Council backs committee concerns over jury trial reforms in Courts and Tribunals Bill
The Bar Council has called on the Government to address concerns raised by MPs over the proposed Courts and Tribunals Bill after a parliamentary committee published a report highlighting significant issues with the legislation.
The Justice Committee released its report on 10 June, setting out a range of concerns about the bill, including proposals that would restrict access to jury trials in certain criminal cases. The committee concluded that the Government’s case for limiting the right to a jury trial lacks a clear evidential foundation and questioned whether sufficient analysis had been carried out before the reforms were introduced.
The report also highlighted concerns about the potential impact of the proposals on equality, particularly in relation to race. MPs warned that the Government had not adequately demonstrated how the changes could affect different groups within the justice system.
In addition to concerns about jury trials, the committee examined the effect the reforms could have on magistrates’ courts. It noted that magistrates’ courts are already dealing with a record backlog of 379,437 cases and questioned whether they would be able to manage the additional workload that could result from the proposed changes. The report also raised concerns about planned reforms to sentencing powers and appeal rights within the magistrates’ court system.
Responding to the findings, Bar Council Chair Kirsty Brimelow KC said the organisation agreed with the committee’s assessment that the Government had not secured broader consensus on the proposals before moving forward with them.
She said it was difficult to understand why ministers had proceeded without sufficient evidence, modelling or planning to support the reforms. She also warned that the potential unintended consequences of the bill had not been fully considered.
Brimelow said the Government should listen carefully to the concerns outlined in the report and focus on reforms capable of delivering timely justice for complainants and defendants. She said the Government should focus on reforms that deliver timely justice for complainants and defendants rather than spending time and resources on restricting the right to jury trial.
The Courts and Tribunals Bill forms part of wider efforts to tackle delays across England and Wales’ courts. However, the Justice Committee’s report adds to growing scrutiny of the proposed reforms and places further pressure on ministers to provide evidence that the changes will reduce backlogs without undermining established legal safeguards.