Shabana Mahmood MP: speeches
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Speeches
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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With permission, I will make a statement on capacity in the Crown court. When this Government took office eight months ago, we received an inheritance from the Conservative Government that was little short of disgraceful: our prisons were in crisis, on the edge of collapse, and our courts faced a record and rising backlog. While the crisis in our prisons was more obvious and visible, the harm caused by the backlog in our courts cannot be overestimated. Today, the backlog stands at over 73,000 cases. Just five years earlier, it had been half that figure. We should stop and consider that fact, because the backlog is far more than a number. Behind each case is a victim. Many have waited years for justice and some will now not have their cases heard until 2028. With delays that long, it is little wonder that more victims are dropping out, and tragically that is true of victims of the most heinous crimes. Just five years ago, around 3% of adult rape victims whose cases were due to go to trial dropped out before their case was heard. Today, that figure has more than doubled. An old adage has sadly come true in this country: for far too many, justice delayed is justice denied. Unlike our predecessors, who allowed this backlog to rise and rise, this Government will bear down on it. We will deliver swifter justice for the victims of crime. That starts today with a record investment in our criminal courts. Each financial year, the Government determine the total number of days that can be sat across all our courts and tribunals, commonly referred to as sitting days. This process is called the concordat. Last year, I committed to concluding the process earlier than in previous years to give our courts greater certainty. We have now done so, several months ahead of last year’s settlement, so today I can announce that the Government will provide a total budget of £2.5 billion for our courts and tribunals in the next financial year. That represents a record level of investment, which will fund up to 110,000 sitting days in our Crown courts—4,000 more days than the previous Government funded last year. If the shadow Lord Chancellor would like to check the record books, he will find no higher allocation in recorded history. Beyond the Crown court, investment in the family and civil courts brings those jurisdictions to, or close to, their maximum capacity, and the investment in court capacity is matched by an investment in court maintenance. Our courts have been allowed to fall into a shocking state of disrepair in recent years, so this Government will boost funding to £148.5 million, up from £128 million last year. That will be the highest figure spent on maintenance and capital works in the last 10 years, building on a consistent theme of this new Government, and it is a marked difference when compared with our predecessors. In our first eight months in office, we have consistently invested more in the courts than the last Conservative Government. On entering office, I immediately funded 500 sitting days on top of the allocation provided by the previous Lord Chancellor. At the end of last year, when resources allowed, I added a further 2,000 sitting days. In October, this Government also increased the sentencing powers of magistrates courts; previously, they could impose only a six-month prison sentence, which we lifted to 12 months. In doing so, we freed up capacity in the Crown court to hear the most serious cases. That single change was equivalent to adding another 2,000 sitting days in our Crown courts. All those changes are necessary for the swift delivery of justice. However, I must be honest, in a way that my predecessors never were: this investment is necessary, but it is not sufficient to reduce the Crown court backlog. Even with record levels of funding, if we do not take other, bolder measures, the backlog will grow. With a growing number of cases entering our courts and cases of increasing complexity being heard in front of our judges, we cannot simply do more of the same: we must do things differently. In December, I appointed Sir Brian Leveson, one of our most distinguished judges, to conduct a wholesale review of our criminal courts. The review will propose long-term reform as well as reviewing the efficiency and timeliness of court processes from charge all the way through to case completion. Crucially, I have also asked Sir Brian to address something that too many others have avoided: the question of structural reform. Today, 10% of criminal cases are heard in a Crown court, where a judge presides and a jury decides. Jury trials are a pillar of our justice system for the most serious offences, and that will never change. However, we must ask ourselves whether they are hearing cases that could be handled equally well elsewhere. Some cases can already be heard in either a Crown court or a magistrates court, which we call “triable either way” cases. Those represent 40% of the courts backlog, but while a conviction—whether determined by a jury or a magistrate—is the same regardless of the type of courtroom, the demand that it places on our justice system is very different indeed. An either-way case is resolved by magistrates five times faster than before a judge and jury. Justice must be done and criminals must always face consequences—on that, I know this House will agree—but we must be willing to ask whether a judge and jury should be occupied, at great length and expense, with crimes that could be dealt with more swiftly elsewhere. For that reason, I have asked Sir Brian to consider the case for reclassifying some less serious offences, whether magistrates’ sentencing powers are sufficient and the case for a new court to sit between the magistrates court and the Crown court. His recommendations will come later this spring. His goal and mine are one: to bear down on the backlog and deliver swifter justice for victims. The consequences of failing to do so are all too clear—the backlog in the criminal courts will rise, cases will be listed even further into the future, and more victims of crime will decide that the wait is too painful with justice so distant, and as a result, dangerous criminals will walk free. Today, we have announced a record investment in our courts: 110,000 sitting days funded, which is 4,000 more than the previous Administration funded. For many victims, their case will be heard sooner, but if we are to deliver swifter justice for all, we must embrace reform. This Government will deliver once-in-a-generation reform of our courts, and we will reverse the decline and the delays of the last Conservative Government. I commend this statement to the House.
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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Sorry does seem to be the hardest word for Opposition Members, and I have long since stopped waiting for that apology. All I would observe—I say this with experience of 14 years of opposition under my belt—is that parties that do not acknowledge their mistakes and sort themselves out rarely get elected.
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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The right hon. Gentleman is entirely right. All the mechanisms at our disposal to reduce the cost of people going to court should be on the table, and we have already been acting to try to amplify the availability of mediation and other ways in which issues can be resolved. Going to court is always very expensive, sometimes for the individuals involved and often for the taxpayer, and it is important that we keep bearing down on those costs.
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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The shadow Secretary of State asked, “How did we get here?” I will tell him how we got here—his Administration and the 14 years they had in power, and the absolute mess they made of the criminal justice system; a mess that this Government are clearing up. I am sorry to deprive him of what I am sure he thought was a clever attack line on my recent visit to Texas, but I can inform him that I have in fact visited HM Prison Manchester. I did so during the February recess. [ Interruption. ]
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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I gently remind the hon. Gentleman that the concordat process, which I have concluded with today’s announcement, has concluded earlier than the one that I inherited from his party would have done, so we have been cracking on. I have been getting on with the job: I increased sitting days immediately, I have taken every opportunity to increase them further, and I have now made a record allocation. The hon. Gentleman says that the Lady Chief Justice has offered more sitting days, but he will know that she is not able to offer sitting days. She is able to comment on maximum judicial capacity, which she has done, as is appropriate. In order to make sure that sitting days are possible in the Crown courts, I have to consider wider system capacity issues, including the availability of legal aid, prosecutors and defence barristers. We have 110,000 Crown court sitting days—an unprecedented, record number—and I can say that there is capacity in the system overall, not just judicial capacity, for those days.
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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My hon. Friend is absolutely right: the figure that he notes is a damning indictment of the last Conservative Government. The announcement we have made today will bear down on the courts backlog, and it will mean that some rape victims get their cases heard as cases move through the system more swiftly. We have already implemented our manifesto commitment on independent legal advisers, because we know that, in addition to delays, one of the things that causes many rape victims to drop out is inappropriate requests for personal information that go beyond what the law requires. Those independent legal advisers will ensure that rape victims’ rights in law are respected and that the process does not feel like it is retraumatising women who are already going through so much, and who are waiting for their day in court to have justice done.
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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My hon. Friend makes an incredibly important point on productivity. That is why the second phase of Sir Brian Leveson’s work is so crucial. He will know that we have expanded our pathfinder pilot, which is making a really important contribution to the flow of cases through the family court, and we are keeping it under review.
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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My hon. Friend raises a very important point. It is my job as Lord Chancellor to make sure that the overall settlement for Crown court sitting days is sufficiently big to help drive down the Crown court backlog, which is why I have made the record allocation today. The listing of individual cases is of course a matter for the independent judiciary, and it would be improper and inappropriate for me to comment on listings decisions. However, taken as a whole—with both the investment we are making and the reform we are considering once Sir Brian Leveson’s review has reported—I think he and his constituents can be confident that this Government are going to sort out the system.
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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My hon. Friend will know that there is a difference between system capacity and maximum judicial capacity. He is right that the Lady Chief Justice has said that the maximum judicial capacity is 113,000 sitting days in the Crown court. We are funding 110,000 sitting days there, because in my role as Lord Chancellor, I must be mindful of managing the wider system capacity—the availability not just of judges to sit in the Crown court but of the lawyers, prosecutors, legal aid and defence barristers that underpin the rest of the system. I am confident that the 110,000 sitting days represent the system capacity, and that is being delivered.
- 5 Mar 2025 · Courts and Tribunals: Sitting Days · Hansard source
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It is always a pleasure to respond to the hon. Gentleman, and I thank him for his remarks welcoming today’s announcement. A Parliamentary Under-Secretary of State will be meeting devolved Justice Ministers very soon and we will update the hon. Gentleman on the work we are doing with Ministers in Northern Ireland.
- 28 Jan 2025 · Sentencing: Attendance of Offenders · Hansard source
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The hon. Member is right. It is already expected that defendants will attend sentencing hearings, but we know that some take the opportunity not to face the families of their victims, which causes huge trauma to some of the families. We will clarify and put on a statutory footing the expectation of attendance at sentencing hearings, along with sanctions for dealing with offenders who still, despite being compelled to attend court—even through the use of reasonable force—seek to disrupt hearings.
- 28 Jan 2025 · Sentencing: Attendance of Offenders · Hansard source
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I pay tribute to my hon. Friend for the work she is doing on behalf of her constituents. I was pleased to be able to discuss these matters with her. She is absolutely right, and it is crucial that we make progress in this area. We have committed to introducing that legislation before the summer, and I will, as I promised last week, consult Olivia’s family and the families of other victims for whom non-attendance at sentencing hearings has caused problems.
- 28 Jan 2025 · Sentencing: Attendance of Offenders · Hansard source
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By failing to attend their sentencing hearings, criminals add insult to injury and deny victims and their families a vital part of seeing justice done. Iusb will be legislating to give judges the power to order attendance at sentencing hearings, and I will make it clear in the law that reasonable force can be used to make sure that happens. The Prime Minister and I met Cheryl Korbel last week to discuss these proposals, and we will ensure that the families of other victims are involved before the Bill is put before the House.
- 28 Jan 2025 · Public Confidence in the Justice System · Hansard source
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What undermines confidence in the justice system is running out of prison places, which is the inheritance the Conservative Government left for this Government. That is the mess that we are cleaning up. The hon. Gentleman will also be aware that the previous Government’s end-of-custody supervised licence scheme was also an early release scheme, but without any of the measures on accountability and transparency, or the wider set of exclusions, that that we introduced with the SDS40 scheme.
- 28 Jan 2025 · Public Confidence in the Justice System · Hansard source
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The hon. Gentleman will be aware of the difficult fiscal inheritance for this Government, and that we have had to make some difficult choices. We received a good settlement from the Treasury at the last Budget, but it is not without its challenges, given the high demand in our system. He will know that we have protected funding for victims of violence against women and girls, including rape and sexual offences. We have sought to protect the most vulnerable victims when making decisions on our victims funding packages.
- 28 Jan 2025 · Public Confidence in the Justice System · Hansard source
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The last Government gave the public plenty of reasons to lose confidence in the justice system, including a rising courts backlog and prisons on the edge of collapse. We have already averted a crisis in our prisons, and have raised Crown court capacity to a 10-year high. We are now embarking on reform of our courts and our prisons. The work of restoring confidence in the justice system has started. It will, of course, take some time.
- 28 Jan 2025 · Public Confidence in the Justice System · Hansard source
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I will happily look at the facts of the case. Some of those numbers do not sound like they should be possible, but that could be down to specific factors relating to that case. If my hon. Friend writes to me with the details, I will make sure he has a full response.
- 28 Jan 2025 · Southport Attack · Hansard source
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My hon. Friend raises an important point. The Government would not say anything that would risk collapsing this trial. The media followed the law, and so did everyone in this House, but the same was not true online. As the Prime Minister has said, this challenge clearly must be addressed. The Law Commission is reviewing contempt laws. We will look closely at that work and consider these issues in the round.
- 28 Jan 2025 · Southport Attack · Hansard source
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As I said in my previous answer, it is clear that the fast pace of the online world has some significant challenges for our present arrangements around contempt laws. The Government’s approach, which was to do nothing that might risk collapsing the trial, was the right one. I hope that will have support across the House. It would have been in no one’s interests to take any risks with the safety of the trial. As I have said, the online space poses some challenges for our contempt law arrangements, and the Law Commission is rightly looking into that.
- 28 Jan 2025 · Southport Attack · Hansard source
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I am sure that the whole House will join me in saying that our thoughts today are with the victims of these horrific crimes and their families. Last week we saw a measure of justice done, but over a number of years there was widespread state failure that meant that this attacker was not stopped. It is right that there will be an inquiry. The Ministry of Justice will play its full part, and I will ensure that any lessons for us are learned.
- 28 Jan 2025 · Southport Attack · Hansard source
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There will always be differing views among lawyers about what can and cannot be said. It is right that the Government took their own position and that we did nothing that could risk collapsing the trial. I agree with the shadow Secretary of State that the online world poses a significant challenge to our contempt laws. That is why that is already being looked at. As there is a piece of work already under way, I do not want to pre-empt where that could land. The Law Commission has a good track record of considering major law changes. Because of the inquiry and the fast-moving nature of these things, I will keep this area under close review myself.
- 28 Jan 2025 · Topical Questions · Hansard source
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I will happily write to the right hon. Gentleman with details on the specific case that he raises. He is right to say that we have international agreements and arrangements with other jurisdictions to ensure that offenders can be brought back to face justice in this country. I am sure that those arrangements are being applied appropriately, but I will make sure that he gets a fuller answer on the case that he has raised.
- 28 Jan 2025 · Topical Questions · Hansard source
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The Government will shortly be publishing the Bill that campaigners refer to as the Hillsborough law, which will reflect issues relating to the duty of candour, which this Government are committed to, and I know that campaigners are making representations to the Home Office on the national oversight mechanism that it is currently considering.
- 28 Jan 2025 · Topical Questions · Hansard source
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The right hon. Gentleman will appreciate that, as Justice Secretary, I am not able to interfere in any independent decisions made by the police or the Crown Prosecution Service, but he has made his point and I will ensure that it is dealt with by the appropriate individuals—either the Home Secretary or the head of the CPS.
- 28 Jan 2025 · Topical Questions · Hansard source
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The hon. Lady should know there are robust processes in place in government to manage conflict of interest, which were in place under the previous Administration as well, but this is not something that any Government Minister will be giving a running commentary on.
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