This Government inherited a criminal justice system that was on the brink of collapse. Years of inaction by the Tories have created a system that is no longer fit for purpose, with hearings are cancelled at the last minute, and victims facing unacceptable delays.
Since 2019 alone, the Crown Court backlog has more than doubled from 38,000 cases to almost 81,000. Alongside this, trials now take twice as long as they did 25 years ago due to the explosion of digital, DNA, and forensic evidence.
As of this year, the average case now takes 255 days to complete; for adult rape cases, victims are forced to wait an average of 423 days.
Without structural reform, modelling shows the backlog reaching 130,000 by 2030 and over 200,000 by 2035. It is clear that our current situation has not only resulted in a major a delay of justice, but also widespread denial of justice to victims awaiting resolution.
Behind every delayed case is a victim, witness or family whose life is being left in limbo. That is why this Labour Government is investing in courts, supporting victims, and reforming the system.
Since coming into office, the Prime Minister and Justice Secretary have heard the strength of feeling from victims, the sector, stakeholders and parliamentarians on this Bill.
Therefore, the Government has decided to not proceed with the Crown Court Bench Division element of the reforms, meaning almost all defendants facing trial in the Crown Court will still be tried by jury.
This decision has also been based on evidence. The Crown Court backlog remains at a record high and is still rising – but over the first half of 2026, the pace of that change has been slightly slower than Government projections.
We will proceed with removing a defendant’s right to choose a jury trial. Instead, magistrates will have the final decision where cases are heard, based on their severity, not a defendant’s preference.
This decision does not weaken our ambition. Removing the operational challenge of establishing a new division means we can implement the remaining reforms faster and make an impact sooner.
Stephen Morgan MP
