MPs have challenged the Government over its remaining court reforms, demanding clearer evidence that magistrates’ courts can handle additional cases and that defendants will have access to legal representation.
The House of Commons Justice Committee issued its warning on 8 October as it published the Ministry of Justice’s formal response to its scrutiny of the Courts and Tribunals Bill.
The committee welcomed ministers’ decision to abandon the proposed Crown Court Bench Division, but said concerns remained about court capacity, legal aid and how cases would be allocated for jury trial.
Capacity plans challenged
In its June report, the committee questioned whether magistrates’ courts could absorb the extra workload. It cited unsuccessful recruitment campaigns, difficulties retaining magistrates and shortages of qualified legal advisers.
The report also called for a substantial increase in salaried district judges and quarterly publication of magistrate recruitment figures. It warned that more serious and complex cases would be heard in magistrates’ courts under the proposals.
Ministers say they remain on course to have 21,000 magistrates by 2028–29. Their response records 655 appointments between April and June 2026, compared with 384 in the same period of 2025.
The Ministry of Justice also plans to recruit at least 100 trainee legal advisers annually for three years, while acknowledging that retaining qualified advisers remains a risk.
Disagreement over jury-trial allocation
The Government is maintaining proposals to remove defendants’ ability to choose Crown Court trial where magistrates decide they can hear the case.
Ministers argue that existing allocation rules already allow cases to go to the Crown Court where the likely sentence exceeds magistrates’ powers or unusual complexity warrants it.
Committee chair Catherine Atkinson said ministers should reconsider the criteria, warning that some straightforward cases with likely sentences below two years could still appropriately require a jury.
Legal aid and appeals
The committee wants greater clarity on legal aid eligibility to prevent more defendants having to represent themselves.
The Government says it is considering eligibility implications and remains confident that most defendants charged with offences triable in either court qualify under current financial rules.
Ministers have accepted that audio recording must be operational across magistrates’ courts before the proposed appeals changes begin.
Bill returns to the Commons
The remaining Commons stages are scheduled for Tuesday 13 October. The proposed changes remain subject to Parliament’s approval and implementation; publication of the response does not bring them into force.