Legislative scrutiny: Courts and Tribunals Bill

Justice Committee Open Inquiry
Opened: 27 Feb 2026 Parliament page
The Justice Committee has issued a call for evidence to inform its scrutiny of the Courts and Tribunals Bill. The Bill was introduced in the House of Commons on 25 February 2026 and is due to have its Second Reading debate on 10 March. Dates for Committee stage are yet … Read more
18 Recommendations
34 Conclusions
1 Report
1 Oral session
2 Letters
1 Event
Activity timeline 4 events
23 Jun
2026
Correspondence
10 Jun
2026
Report published
17 Mar
2026
Oral evidence
3 Mar
2026
Correspondence
Oral evidence sessions 1 session
17 Mar 2026
View on parliament.uk
Keir Monteith KC · Garden Court Chambers Richard Atkinson · Law Society Tom Guest · Crown Prosecution Service
Title HC No. Published Items Response
1st Report - Courts and Tribunals Bill HC 192 10 Jun 2026 52 Pending
Recommendations & Conclusions
52 results
1 Recommendation
1st Report - Courts and Tribunals …
Sir Brian Leveson was commissioned by the government to undertake his Independent Review of the...
Sir Brian Leveson was commissioned by the government to undertake his Independent Review of the Criminal Courts in response to the deepening crisis in the Crown Court. The open caseload has reached a record high of over 80,000 outstanding cases … Read more
Ministry of Justice
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2 Conclusion
1st Report - Courts and Tribunals …
Given the constitutional significance of the bill, it would have been proportionate for the government...
Given the constitutional significance of the bill, it would have been proportionate for the government to have facilitated more meaningful parliamentary scrutiny, in particular, by allowing the Justice Committee to conduct pre-legislative scrutiny. The Impact Assessment states that the provisions … Read more
Ministry of Justice
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3 Conclusion
1st Report - Courts and Tribunals …
The removal of the right to elect for Crown Court trial will have a major...
The removal of the right to elect for Crown Court trial will have a major impact on the allocation of cases between the magistrates’ court and the Crown Court. We are concerned by the lack of reliable data on which … Read more
Ministry of Justice
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4 Conclusion
1st Report - Courts and Tribunals …
The removal of the right to elect for Crown Court trial will make the allocation...
The removal of the right to elect for Crown Court trial will make the allocation process less flexible. The allocation of cases will only be determined by the court’s application of the relevant legislative provisions and sentencing guidelines. In our … Read more
Ministry of Justice
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5 Recommendation
1st Report - Courts and Tribunals …
If the right to elect is removed, the government must ensure that the allocation criteria...
If the right to elect is removed, the government must ensure that the allocation criteria applied by the magistrates’ court are sufficiently flexible to enable the court to consider whether the circumstances of a case warrant a Crown Court trial. … Read more
Ministry of Justice
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6 Conclusion
1st Report - Courts and Tribunals …
Clause 6 is one of the most radical measures proposed in the bill.
Clause 6 is one of the most radical measures proposed in the bill. It would give the power to the government to double the sentencing powers of magistrates from the current maximum of 12 months to 24 months through a … Read more
Ministry of Justice
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7 Conclusion
1st Report - Courts and Tribunals …
We can see why the ability to vary magistrates’ sentencing powers according to capacity pressures...
We can see why the ability to vary magistrates’ sentencing powers according to capacity pressures might be attractive to the government. However, frequent changes to those powers are unlikely to assist magistrates in making consistent and effective allocation decisions. Further, … Read more
Ministry of Justice
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8 Conclusion
1st Report - Courts and Tribunals …
The power in clause 6 must be amended to ensure it contains adequate safeguards.
The power in clause 6 must be amended to ensure it contains adequate safeguards. The power must be subject to the affirmative resolution procedure and must also be limited so that it can only be used if the 89 relevant … Read more
Ministry of Justice
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9 Conclusion
1st Report - Courts and Tribunals …
We are not convinced that the capacity of the magistrates’ court can be expanded sufficiently...
We are not convinced that the capacity of the magistrates’ court can be expanded sufficiently to deal with the potential increases in workload that could result from the changes in the bill. It seems unrealistic to propose that 7,000 magistrates … Read more
Ministry of Justice
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10 Recommendation
1st Report - Courts and Tribunals …
The government must put forward a plan to significantly increase the number of salaried district...
The government must put forward a plan to significantly increase the number of salaried district judges in the magistrates’ court. The Government must also ensure that the pay of legal advisers is matched with comparable legal roles in the public … Read more
Ministry of Justice
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11 Conclusion
1st Report - Courts and Tribunals …
The Ministry of Justice and HMCTS must publish quarterly statistics on magistrate recruitment, aligned with...
The Ministry of Justice and HMCTS must publish quarterly statistics on magistrate recruitment, aligned with reporting to the Justice Performance Board. (Recommendation, Paragraph 44) Appeals from the magistrates’ court
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12 Conclusion
1st Report - Courts and Tribunals …
Appeals from the magistrates’ court represent a small and declining proportion of overall Crown Court...
Appeals from the magistrates’ court represent a small and declining proportion of overall Crown Court receipts, with only 0.4% of magistrates’ court decisions appealed in 2025. The Ministry of Justice’s own data does not support the premise that appeals make … Read more
Ministry of Justice
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13 Recommendation
1st Report - Courts and Tribunals …
Given proposals to increase the complexity and seriousness of the magistrates’ courts’ caseload, the government...
Given proposals to increase the complexity and seriousness of the magistrates’ courts’ caseload, the government should consider delaying the introduction of any changes to the appeals process. A delay would enable the government to assess the impact of the reforms … Read more
Ministry of Justice
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14 Conclusion
1st Report - Courts and Tribunals …
Evidence we received indicates that loss of time orders disproportionately affects those serving short custodial...
Evidence we received indicates that loss of time orders disproportionately affects those serving short custodial sentences and discourages otherwise meritorious appeals. (Conclusion, Paragraph 77)
Ministry of Justice
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15 Recommendation
1st Report - Courts and Tribunals …
The government should set out its justification for the introduction of loss of time orders...
The government should set out its justification for the introduction of loss of time orders and explain why it considers them necessary to deter unmeritorious appeals, given that a permission stage is being introduced. (Recommendation, Paragraph 78)
Ministry of Justice
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16 Conclusion
1st Report - Courts and Tribunals …
Audio recording of magistrates’ court proceedings will require significant investment in infrastructure, secure storage systems...
Audio recording of magistrates’ court proceedings will require significant investment in infrastructure, secure storage systems and transcription. Based on recent experience, we are sceptical that HMCTS will be able to ensure that all magistrates’ courts can be readily equipped with … Read more
Ministry of Justice
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17 Recommendation
1st Report - Courts and Tribunals …
The government must set out in detail how it expects to introduce audio recording across...
The government must set out in detail how it expects to introduce audio recording across the magistrates’ court estate and how recordings will be stored, accessed and transcribed to demonstrate that the necessary systems will be fully operational before the … Read more
Ministry of Justice
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18 Conclusion
1st Report - Courts and Tribunals …
The shift away from appeal by way of rehearing to review will require magistrates to...
The shift away from appeal by way of rehearing to review will require magistrates to provide more detailed reasons for their decisions and legal advisers to provide robust written advice to withstand judicial scrutiny on appeal. As Sir Brian Leveson … Read more
Ministry of Justice
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19 Recommendation
1st Report - Courts and Tribunals …
The government must clarify whether it intends to require magistrates to give detailed written reasons...
The government must clarify whether it intends to require magistrates to give detailed written reasons for their decisions for the purpose of facilitating appeals. If so, the government should specify the extent of the reasons required and set out the … Read more
Ministry of Justice
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20 Conclusion
1st Report - Courts and Tribunals …
Sir Brian considered and rejected judge-alone appeals, noting in particular the value of magistrates’ involvement...
Sir Brian considered and rejected judge-alone appeals, noting in particular the value of magistrates’ involvement in appeals against sentence and exercises of discretion. The government has not given any explanation for this departure or cited evidence that the participation of … Read more
Ministry of Justice
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21 Recommendation
1st Report - Courts and Tribunals …
The government must set out its basis for departing from Sir Brian Leveson’s recommendation that...
The government must set out its basis for departing from Sir Brian Leveson’s recommendation that magistrates should continue to sit alongside judges in appeals. (Recommendation, Paragraph 93)
Ministry of Justice
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22 Conclusion
1st Report - Courts and Tribunals …
The youth court occupies a distinct position within the magistrates’ court system, dealing with serious...
The youth court occupies a distinct position within the magistrates’ court system, dealing with serious cases involving some of the most vulnerable defendants in the criminal justice system. As 90% of children and young people are tried in the youth … Read more
Ministry of Justice
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23 Recommendation
1st Report - Courts and Tribunals …
The government must set out what specific consideration has been given to the impact of...
The government must set out what specific consideration has been given to the impact of the proposed reforms on children and young people tried in the youth court. In particular, the government must set out how it intends to mitigate … Read more
Ministry of Justice
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24 Conclusion
1st Report - Courts and Tribunals …
The government has acknowledged that, as more cases are dealt with in the magistrates’ courts,...
The government has acknowledged that, as more cases are dealt with in the magistrates’ courts, a greater proportion of defendants are likely to be ineligible for criminal legal aid than would have been had their case been heard in the … Read more
Ministry of Justice
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25 Recommendation
1st Report - Courts and Tribunals …
While we welcome the minister’s stated intention to ensure that legal aid provision is “as...
While we welcome the minister’s stated intention to ensure that legal aid provision is “as broad as it needs to be”, we are concerned that the government intends to wait until after the bill has passed before determining whether changes … Read more
Ministry of Justice
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26 Conclusion
1st Report - Courts and Tribunals …
The evidence submitted to the Committee indicates that the allocation process in the Crown Court...
The evidence submitted to the Committee indicates that the allocation process in the Crown Court could consume a significant amount of court time and judicial resource. Given that the aim of the bill is to save time in the Crown … Read more
Ministry of Justice
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27 Conclusion
1st Report - Courts and Tribunals …
The sole reliance on using the likely length of sentence to determine allocation to the...
The sole reliance on using the likely length of sentence to determine allocation to the Crown Court Bench Division (CCBD) will cause problems. A defendant with several previous convictions is more likely to receive a jury trial than a defendant … Read more
Ministry of Justice
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28 Conclusion
1st Report - Courts and Tribunals …
Sir Brian Leveson originally proposed the three-year threshold alongside his recommendation for magistrates’ sentencing powers...
Sir Brian Leveson originally proposed the three-year threshold alongside his recommendation for magistrates’ sentencing powers to be fixed at 12 months. If the maximum is increased to 24 months, cases of up to two and a half years could be … Read more
Ministry of Justice
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29 Conclusion
1st Report - Courts and Tribunals …
The evidence received suggests that a system of judge only trials is likely to be...
The evidence received suggests that a system of judge only trials is likely to be fairer and more efficient if defendants can elect for judge only trials. Although this would be in tension with the government’s view that only the … Read more
Ministry of Justice
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30 Conclusion
1st Report - Courts and Tribunals …
There are likely to be unintended policy consequences that flow from the three-year threshold.
There are likely to be unintended policy consequences that flow from the three-year threshold. For example, when the government is deciding on the proposed statutory maximum custodial sentence for a new criminal offence, it is possible that it may be … Read more
Ministry of Justice
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31 Recommendation
1st Report - Courts and Tribunals …
The government must consider whether relying on the three-year sentence threshold is the right approach...
The government must consider whether relying on the three-year sentence threshold is the right approach to allocating either-way cases to judge only trial in the Crown Court. In particular, the government must ensure alternative criteria are included to enable the … Read more
Ministry of Justice
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32 Conclusion
1st Report - Courts and Tribunals …
The determination whether to allocate an either-way case to the Crown Court Bench division will...
The determination whether to allocate an either-way case to the Crown Court Bench division will have significant implications for the defendant and everyone else involved in the case. The determination will be based on an early assessment of the circumstances … Read more
Ministry of Justice
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33 Recommendation
1st Report - Courts and Tribunals …
The government must ensure that the bill clarifies beyond doubt whether allocation decisions in the...
The government must ensure that the bill clarifies beyond doubt whether allocation decisions in the Crown Court can be subject to judicial review. (Recommendation, Paragraph 124)
Ministry of Justice
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34 Conclusion
1st Report - Courts and Tribunals …
The bill should be amended so that cases involving child defendants cannot be allocated to...
The bill should be amended so that cases involving child defendants cannot be allocated to the Crown Court Bench Division. (Recommendation, Paragraph 125)
Ministry of Justice
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35 Conclusion
1st Report - Courts and Tribunals …
We are concerned by the potential complexity of the framework for the reallocation of cases...
We are concerned by the potential complexity of the framework for the reallocation of cases in clause 3 of the bill. Some of the complexity appears to stem from the bill’s approach to allocation. If the Crown Court has more … Read more
Ministry of Justice
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36 Conclusion
1st Report - Courts and Tribunals …
We accept that the new arrangements should apply to defendants who are yet to be...
We accept that the new arrangements should apply to defendants who are yet to be arraigned in the Crown Court. However, in our view, it is unfair to reallocate those cases that have already had their Plea and Trial Preparation … Read more
Ministry of Justice
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37 Conclusion
1st Report - Courts and Tribunals …
The provisions on judge only trials must only apply to cases yet to be arraigned...
The provisions on judge only trials must only apply to cases yet to be arraigned on or after the day on which they are brought into force. (Recommendation, Paragraph 135)
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38 Conclusion
1st Report - Courts and Tribunals …
The definition of complex and lengthy cases in clause 4 leaves open a number of...
The definition of complex and lengthy cases in clause 4 leaves open a number of important questions that the courts will have to resolve. For example, what level of complexity will be deemed inappropriate for trial by jury, and how … Read more
Ministry of Justice
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39 Conclusion
1st Report - Courts and Tribunals …
Given the difficulty of defining these concepts, in our view, it should be possible to...
Given the difficulty of defining these concepts, in our view, it should be possible to appeal, or challenge by way of judicial review, the decision to make, or not make, an order that a complex and lengthy case should not … Read more
Ministry of Justice
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40 Conclusion
1st Report - Courts and Tribunals …
The power in Schedule 1 could be used by a future government to add offences...
The power in Schedule 1 could be used by a future government to add offences which go beyond the dishonesty offences currently listed. (Conclusion, Paragraph 143)
Ministry of Justice
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41 Conclusion
1st Report - Courts and Tribunals …
The power to add offences to Schedule 1 should be amended to limit the scope...
The power to add offences to Schedule 1 should be amended to limit the scope of the power. The power should be limited so that only dishonesty offences can be added to Schedule 1. (Recommendation, Paragraph 144)
Ministry of Justice
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42 Conclusion
1st Report - Courts and Tribunals …
Reasoned judgments in the Crown Court will help to make criminal courts more transparent.
Reasoned judgments in the Crown Court will help to make criminal courts more transparent. We accept that in some cases the requirement will not be unduly onerous, but there are likely to be cases where the need to provide a … Read more
Ministry of Justice
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43 Recommendation
1st Report - Courts and Tribunals …
The government must work with the judiciary to produce an estimate of the amount of...
The government must work with the judiciary to produce an estimate of the amount of judicial time that will be needed to produce judgments in all judge only trials in the Crown Court each year. (Recommendation, Paragraph 152)
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44 Recommendation
1st Report - Courts and Tribunals …
The predicted 20% time saving of judge only trials compared to jury trials has played...
The predicted 20% time saving of judge only trials compared to jury trials has played a significant role in the public debate on the bill. In our view, the government should have put forward a more concrete evidential basis for … Read more
Ministry of Justice
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45 Conclusion
1st Report - Courts and Tribunals …
It is plausible that judge only trials will prove to be more efficient than jury...
It is plausible that judge only trials will prove to be more efficient than jury trials, as the evidence shows they are in Canada. However, to ensure that their operation enhances the overall efficiency of the criminal courts, their introduction … Read more
Ministry of Justice
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46 Recommendation
1st Report - Courts and Tribunals …
The Government must include a requirement in the bill that the department review the first...
The Government must include a requirement in the bill that the department review the first year of the operation of judge only trials in the Crown Court. (Recommendation, Paragraph 159) 95 Equality
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47 Conclusion
1st Report - Courts and Tribunals …
If the magistrates’ court is given the power to hand down sentences of up to...
If the magistrates’ court is given the power to hand down sentences of up to 24 months, the discrepancy in the legal aid thresholds between the magistrates’ court and the Crown Court will need to be reformed. (Conclusion, Paragraph 166)
Ministry of Justice
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48 Recommendation
1st Report - Courts and Tribunals …
The government must amend the legal aid means test in the magistrates’ court so that...
The government must amend the legal aid means test in the magistrates’ court so that anyone charged with an either-way offence with the possibility of a sentence of 12 months or more in custody is subject to the same threshold … Read more
Ministry of Justice
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49 Conclusion
1st Report - Courts and Tribunals …
We welcome improvements to the diversity of the magistracy made since the Lammy Review in...
We welcome improvements to the diversity of the magistracy made since the Lammy Review in 2017. We are, however, concerned that the removal of the right to elect has the potential to increase mistrust in the criminal justice system among … Read more
Ministry of Justice
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50 Recommendation
1st Report - Courts and Tribunals …
The government must ensure that any new processes for recruiting magistrates focus on recruiting groups...
The government must ensure that any new processes for recruiting magistrates focus on recruiting groups that are currently not well represented in the magistracy. (Recommendation, Paragraph 173)
Ministry of Justice
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51 Conclusion
1st Report - Courts and Tribunals …
The fact that only 1% of Crown Court judges are Black and that this has...
The fact that only 1% of Crown Court judges are Black and that this has not changed since 2015 is shocking. In our view, the lack of progress on the number of Black judges in the Crown Court is evidence … Read more
Ministry of Justice
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52 Recommendation
1st Report - Courts and Tribunals …
We recommend that the government works with the judiciary and the Judicial Appointments Commission to...
We recommend that the government works with the judiciary and the Judicial Appointments Commission to develop and formalise clearer progression routes from magistrates’ court and other lower courts and tribunals into the senior judiciary. The government must set itself a … Read more
Ministry of Justice
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Correspondence 2 letters
23 Jun 2026 Correspondence from Catherine Feast, Chief Executive of the Magistrates' Association, dated 17 June 2026: Response to the Justice Committee Report on the Courts and Tribunals Bill
Parliament page
3 Mar 2026 Correspondence from The Rt Hon David Lammy MP, Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, dated 3 March 2026: Criminal Courts Reform
Parliament page