Courts and Tribunals Bill (2026): Delivering Swifter Justice for Victims

The Government has introduced the Courts and Tribunals Bill to Parliament, describing it as a landmark step toward delivering faster, fairer justice after years of rising delays and structural strain. With Crown Court backlogs at historic highs and digital era crime transforming the complexity of cases, ministers argue that the justice system can no longer function effectively without deep reform.

We sets out, in clear terms, what the Bill actually changes and what problems it is designed to solve, alongside the wider context shaping the debate around jury trials, victim protections, and court modernisation.

📊 Why the Bill Has Been Introduced

The criminal courts are facing sustained pressure that ministers argue has become structural rather than temporary. Around 80,000 cases are currently waiting to be heard in the Crown Court, with nearly 20,000 delayed for over a year.

Current Crisis Scale and Impact

The backlog affects the most serious crimes, including cases where victims are most vulnerable:

• Approximately 2,000 rape cases are currently delayed, where long waits can lead to victims withdrawing, evidence degrading, and trials collapsing
• Average case duration: 255 days for all Crown Court cases and 423 days for adult rape cases
• Digital evidence complexity: 90% of offences now involve digital evidence requiring extensive analysis
• System capacity mismatch: Court structure designed for 20th century crime volumes and complexity

Projected Future Without Reform

Government commissioned projections, independently audited, paint a dire picture without structural changes:

🏛️ What the Bill Actually Changes

The Courts and Tribunals Bill introduces comprehensive structural reforms designed to address both immediate capacity constraints and longer term justice system functionality.

A New Bench Division for Mid Tier Offences

The most significant change creates a new pathway for cases likely to result in sentences of three years or less:

• Judge only trials: Cases heard by a judge without a jury for specified mid tier offences
• 20% trial length reduction: Intended to speed up case progression significantly
• Crown Court capacity freed: More time available for the most serious offences
• Jury trial preservation: Guaranteed for rape, murder, GBH, aggravated burglary, blackmail, people trafficking, and major drug offences

Judge Only Trials for Complex Fraud

Highly technical fraud cases will be eligible for judge only trials:

Expanded Magistrates' Sentencing Powers

Magistrates will gain significantly enhanced sentencing capabilities:

• 18 month sentences: Immediate increase from current six month limit
• Potential 24 month extension: Government power to raise limit further if needed
• Crown Court pressure relief: More mid level cases resolved at magistrates' level
• Case flow improvement: Reduced bottlenecks in serious crime processing

Judicial Control Over Venue

Judges gain new powers to decide where cases are heard:

• Reduced delay tactics: Preventing defendants from manipulating location to delay proceedings
• Procedural gap closure: Eliminating opportunities for tactical venue changes
• Case management efficiency: Judicial discretion over optimal hearing locations
• Resource optimisation: Better allocation of court capacity across regions

Appeal Filter Mechanism

The automatic right of appeal from magistrates' courts is replaced with a filter system:

🛡️ Strengthened Victim and Witness Protections

The Bill introduces comprehensive measures to improve the experience and safety of victims and witnesses within the criminal justice system.

Enhanced Special Measures Access

Vulnerable witnesses will find it easier to access protective measures during testimony:

• Screens and video links: Physical separation from defendants during evidence
• Anonymity protections: Enhanced safeguards for witness identity
• Streamlined application: Simplified process for accessing protective measures
• Practitioner guidance: Clearer instructions for legal professionals supporting vulnerable witnesses

Evidence Rules Reform

New rules on giving evidence aim to counter harmful myths and improve consistency:

👨‍👩‍👧‍👦 Family Law Reform: Children's Best Interests

The Bill makes significant changes to family law by repealing the presumption of parental involvement in the Children Act 1989, shifting focus entirely to the child's best interests.

Presumption of Parental Involvement Repeal

This change addresses concerns about protecting children from abusive parents:

• Child centred decision making: Courts focus exclusively on what benefits the child
• Abuse protection enhancement: Reduced presumption in favour of contact with abusive parents
• Judicial discretion: Greater flexibility in determining appropriate parental involvement
• Safety prioritisation: Child welfare taking precedence over parental rights

Impact on Family Court Proceedings

The reform will change how family courts approach custody and contact decisions:

🏢 Tribunal System Reform and Operational Modernisation

Beyond criminal courts, the Bill addresses tribunal efficiency and wider justice system infrastructure.

Unified Tribunal Leadership

Tribunals move under the leadership of the Lady Chief Justice:

• Recruitment improvements: Better career progression pathways for tribunal judiciary
• Consistency enhancement: Standardised approaches across different tribunal types
• Integration benefits: Closer coordination with wider courts system
• Resource optimisation: More effective allocation of judicial resources

Operational Modernisation Package

Alongside the Bill, the Government has announced comprehensive operational improvements:

🔍 What Problems the Bill Is Designed to Solve

The comprehensive reform package targets multiple structural issues that have combined to create the current crisis in criminal justice delivery.

A Backlog That Has Become Structural

The scale of the Crown Court backlog is no longer a temporary post pandemic issue:

• Rising caseloads: Crime volumes outpacing court capacity
• Longer trials: Digital evidence extending hearing duration
• Limited court capacity: Infrastructure constraints preventing expansion
• Capacity mismatch: System designed for simpler, shorter cases

Long Waits That Undermine Justice

Delays of a year or more create cascading problems throughout the justice system:

A System Not Built for Digital Era Crime

With 90% of crime involving digital evidence, cases now require fundamentally different processing:

• More disclosure requirements: Extensive digital material requiring review
• More expert analysis: Technical witnesses explaining digital evidence
• More complex trial management: Coordinating multiple evidence streams
• Higher skill requirements: Legal professionals adapting to digital evidence

Insufficient Crown Court Capacity

Mid tier cases requiring full jury trials create systemic bottlenecks:

• Serious case delays: Murder and rape cases waiting behind lower level offences
• Jury system pressure: Citizens called for cases with predictable low sentences
• Regional disparities: Different waiting times across England and Wales
• Resource inefficiency: Full court resources used for cases suitable for magistrates

⚖️ How the Reforms Fit Together

The Government's central argument is that investment alone cannot fix a system designed for the 20th century. The Bill therefore combines multiple approaches to create comprehensive reform.

Integrated Reform Strategy

The package addresses different aspects of justice system dysfunction simultaneously:

Projected Outcomes

Together, these measures aim to reverse the backlog trajectory and deliver faster, more predictable justice:

• Backlog reduction: Goal of reversing current growth projections
• Waiting time cuts: Faster processing from charge to sentence
• Victim experience improvement: Better protection and support throughout proceedings
• System predictability: More reliable timescales for case resolution
• Resource efficiency: Better allocation of judicial and administrative capacity

🔍 What to Watch as the Bill Moves Through Parliament

The Bill is likely to face scrutiny on several fronts as it progresses through the legislative process, with debates focusing on fundamental questions about justice system reform.

Key Parliamentary Scrutiny Areas

Rights Questions

The Bill raises fundamental questions about the balance between efficiency and rights:

• Jury trial tradition: Whether reducing jury trials undermines peoples rights principles
• Access to justice: How appeal filters affect fundamental right to challenge convictions
• Judicial independence: Impact of venue control powers on court independence
• Sentencing consistency: Whether expanded magistrates' powers maintain consistency

Conclusion: System Transformation or System Strain?

The Courts and Tribunals Bill represents the most significant criminal justice reform in decades, attempting to address systemic problems that threaten the viability of the courts system. The Government's diagnosis of a system designed for the 20th century struggling with 21st century crime complexity has merit, and the scale of the Crown Court backlog demands urgent action.

The reform package combines structural changes, capacity expansion, and victim centred improvements in ways that could genuinely transform how justice is delivered. The new Bench Division, expanded magistrates' powers, and operational modernisation together address different aspects of system dysfunction.

However, the Bill raises fundamental questions about the balance between efficiency and rights. Reducing jury trials for mid tier offences and filtering magistrates' appeals changes centuries old procedures in ways that could affect justice outcomes as well as speed. The success of judge only trials depends on maintaining public confidence in judicial impartiality and expertise.

The victim protections and family law reforms show recognition that justice system reform must consider user experience alongside administrative efficiency. Enhanced special measures and child centred family law could significantly improve outcomes for vulnerable people navigating complex proceedings.

Implementation challenges remain substantial. Magistrates must develop capacity to handle more complex cases, the legal profession must adapt to new procedures, and courts administration must coordinate unprecedented operational changes. Success requires sustained investment, effective training, and careful monitoring of outcomes.

Most critically, the Bill's effectiveness will be measured not just by backlog reduction but by whether it maintains public confidence in justice delivery. Faster justice that sacrifices fairness or appears to compromise defendants' rights could undermine legitimacy even while improving efficiency.

The Courts and Tribunals Bill offers a comprehensive response to genuine crisis, but its success depends on implementation quality, sustained political commitment, and public acceptance of significant changes to how justice works. Parliament's scrutiny will determine whether the reform package strikes the right balance between urgent modernisation and constitutional principles.