Up to 90 Labour MPs could rebel against the Government and back a new attempt to block David Lammy‘s controversial cuts to jury trials.
An amendment tabled to the Courts and Tribunals Bill, which is currently being considered by a House of Commons committee, threatens to ‘kill off’ the reforms.
Mr Lammy, the Justice Secretary, wants to limit jury trials as a means of tackling the huge backlog of crown court cases, which now stands at more than 80,000.
Government changes proposed in the Bill would see jury trials in England and Wales limited to only those cases with a likely sentence of three years or more.
Meanwhile, cases with a likely sentence of three years or less will only be heard by a single crown court judge, without a jury.
But Mr Lammy is facing considerable opposition to the Bill from Labour backbenchers, rival parties and top barristers.
Charlotte Nichols, the Labour MP for Warrington North, has challenged the Justice Secretary by tabling an amendment that would create specialist courts for sexual offences and domestic abuse cases.
Under her proposal, any case heard in such a court must be conducted with a jury and a specialist judge.
Up to 90 Labour MPs could rebel against the Government and back a new attempt to block David Lammy’s controversial cuts to jury trials
Charlotte Nichols has challenged the Justice Secretary by tabling an amendment that would create specialist courts for sexual offences and domestic abuse cases
The Times reported that rebels believe as many as 90 Labour MPs could back the amendment if it is forced to a vote in the Commons.
A source told the newspaper the amendment is seen as the main route to ‘kill off’ and defeat Mr Lammy’s controversial jury trials reforms.
Ms Nichols recently accused the Government of using rape victims as a ‘cudgel’ to push through the reforms.
Last month, in a Commons debate on the Bill, Ms Nichols spoke publicly for the first time about being raped as she argued ‘experiences like mine feel like they’ve been weaponised and are being used for rhetorical misdirection’.
It came after Mr Lammy had argued that his reforms were needed because ‘victims are currently worn down, people simply give up, cases collapse and offenders remain free’.
The Justice Secretary, who is also Deputy Prime Minister, told MPs they faced a ‘stark’ choice as he argued ‘we cannot continue with this rising backlog’.
Speaking about her proposed changes to the Bill, Ms Nichols said: ‘My amendment seeks to get the Government to make good on the promise in our manifesto of specialist rape courts.
‘We know that it’s that which will help ensure timely justice and that complainants and witnesses have the support to give their best evidence – reducing victim attrition in the process and retraumatisation as far as possible.’
Under Ms Nichols’ proposal, any case heard in such a court must be conducted with a jury and a specialist judge
Stella Creasy, another Labour MP who is supporting the amendment, said: ‘It’s a false choice between supporting victims and supporting due process – there is a way forward to ensure both can be done as we seek to tackle the backlog in the courts, and amendments like this show that we are serious about doing so.
‘I hope the Government listens and recognises this is a constructive way forward.’
Kirsty Brimelow KC, the chair of the Bar Council, which represents barristers, said: ‘The Government should do what it pledged in its 2024 manifesto and prioritise those cases of vulnerable people through a specialist court that would retain a jury and focus on sexual offences and domestic abuse cases.
‘We all want to see an end to delays for victims, complainants and defendants so we should focus on what we know will work rather than hacking away at a constitutional cornerstone which reflects community participation in justice.’
A Ministry of Justice spokesperson said: ‘The crown court is on the brink of collapse, with over 80,000 cases as of December, and victims face devastating delays resulting from years of neglect.
‘It is only by pulling every lever at our disposal – pragmatic structural reform, record financial investment and modernisation – that we can drive down the backlog.
‘Victims have waited long enough and we will deliver the swift, fair justice they deserve.
‘We are investing £550million into vital support services to help them through the justice process, and recently launched a new national legal advisors service for rape victims.’