Government rejects first opportunity to deliver timely justice for victims through setting up rape court instead of reducing jury trials

The government has rejected calls to amend the Courts and Tribunals Bill and bring in specialist rape courts rather than curtail the right to jury trial, despite it being a manifesto pledge.

The Bar Council is now urging MPs to bring back the proposals for specialist courts when the Courts and Tribunals Bill continues after the King's Speech.

In its manifesto, Labour said it would establish specialist courts at every Crown Court in England and Wales to fast-track rape cases as part of its strategy to tackle violence against women and girls.

However, the amendment to the Courts and Tribunals Bill that would have introduced these specialist courts has been rejected at committee stage of the Courts and Tribunals Bill.

Courts Minister Sarah Sackman told the Public Bill Committee that Labour's commitment to specialist courts "has not waivered", instead the government has been "putting foundations in place" to later deliver specialist courts.

She argued that specialist courts "would not do anything" to make justice timelier for victims.

But a specialist court, unlike the restricted jury trial proposal, has been shown to work. At Preston Crown Court, for example, this approach saw a 16% reduction in waiting time for their case to be listed when applied to domestic abuse cases.

Paul Kohler MP, a member of the Public Bill Committee, speaking in the committee session today pointed out that there was "no mention" of restricting jury trials in the Labour party manifesto and that other proposals including specialist courts offer a "better answer" to the now 80,000 high backlog.

Bar Council Chair Kirsty Brimelow KC said: "What's needed is reform that will actually deliver timely justice for victims, complainants and defendants without eroding a deeply rooted constitutional principle that enables democratic participation. Such an erosion is completely unnecessary and also may add further delays.

"The government has an opportunity to use the Courts and Tribunals Bill to reduce delays to those cases in the backlog where there are vulnerable complainants, victims and witnesses. A sexual offences and domestic abuse court will impact on waiting time now and on those cases awaiting resolution. It will do what the government promised and will deliver timely justice. It has already been shown to work.

"At Preston Crown Court, over the last year, a specialist management and listing of domestic abuse cases led to a 16% reduction in waiting time at court. And they achieved this with restrictions on days that the government spending allowed for courts to remain open. Courts now are being invested in and will run at full capacity. This should see an even further reduction in delays.

"If the government truly wanted to focus on delivering justice for victims, it would not be wasting time and resource on restricting the right to jury trial."

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