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Courts Modernisation Bill

Lifecycle: Implementation HM Courts & Tribunals Service · Justice Committee · Ministry of Justice · Public Bill Committees Last regenerated 1 month, 3 weeks ago · 4 new events since

Summary

What this is

The Courts and Tribunals Bill 2024-26 is the Government's structural reform package for criminal courts in England and Wales, implementing Sir Brian Leveson's Independent Review of the Criminal Courts and a parallel set of family-court, tribunals leadership and operational measures. It removes the right to elect Crown Court trial for triable-either-way offences, creates a new judge-alone Bench Division of the Crown Court, extends magistrates' sentencing powers, reforms appeals from the magistrates' court, repeals the presumption of parental involvement in the Children Act 1989, and modernises tribunal leadership.

Why it matters

The Bill is the Government's primary structural response to a record Crown Court open caseload that has left tens of thousands of victims waiting years for trial; its measures (Bench Division, restricted election, expanded magistrates' powers) are intended to redirect substantial case volume out of jury trial. It also reopens contested ground in family justice by repealing the statutory presumption of parental involvement following the Ministry of Justice's October 2025 review.

Current status

The Bill was introduced in the Commons on 25 February 2026, received Second Reading on 10 March 2026, and completed Public Bill Committee on 28 April 2026 after twelve sittings; it was reprinted as Bill 422 as amended and now stands at Report stage in the Commons.

What changed recently

  • 29 Apr 2026 — Notices of Amendments published for Report stage (Bill 422), signalling the substantive amendments the Government and Opposition will press on the floor of the House. →
  • 28 Apr 2026 — Public Bill Committee concluded with its eleventh and twelfth sittings; the Bill was reprinted as Bill 422 as amended. →
  • 27 Apr 2026 — Lords written answers HL16334 and HL16411 confirmed clause 17 will repeal the presumption of parental involvement and addressed its interaction with the Farmer Reviews on family ties for male prisoners. →
  • 30 Apr 2026 — Victims and Courts Act 2026 received Royal Assent, a parallel justice statute that pre-clears victim-protection measures and reduces the amendment surface on this Bill. →
  • 13 May 2026 — King's Speech 2026 confirmed the Government's wider justice programme, situating the Bill alongside immigration, national security and nuclear regulation reforms. →

Key documents

Framework

Operationalising

Implementation

Scrutiny

Evidence

Consultations

Stakeholders

Grouped by role with evidence. Long groups scroll inside their column.

Sponsoring department 2

  • Ministry of Justice → src
    Sponsoring department; introduced the Bill on 25 February 2026 and authored the Explanatory Notes, Impact Assessments, ECHR memorandum and Delegated Powers Memorandum.
  • HM Courts & Tribunals Service → src
    Delivery agency; the Bill's structural measures (Bench Division, expanded magistrates' powers) sit on top of HMCTS's digital reform programme evaluated in September 2025.

Sponsoring minister 3

  • David Lammy MP → src
    Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice; Bill sponsor and signatory of correspondence to the Justice Committee on the Criminal Courts Review (Feb–Mar 2026).
  • Sarah Sackman MP → src
    Minister for Courts and Legal Services; lead minister on the floor of the Public Bill Committee across all twelve sittings, taking the Bill clause by clause for the Government.
  • Baroness Levitt KC → src
    Then Parliamentary Under-Secretary of State for Justice (current status unknown — treat as historical); issued the October 2025 written ministerial statement HLWS976 announcing repeal of the presumption of parental involvement, operationalised in clause 17.

Lead committee 2

  • Justice Committee (House of Commons) → src
    Lead scrutiny committee; opened legislative scrutiny of the Bill and corresponded with the Lord Chancellor on Criminal Courts Review and the Child Focused Model family-court rollout.
  • Public Bill Committee → src
    Commons Public Bill Committee chaired by Dawn Butler, Sir John Hayes, Dr Rupa Huq and Christine Jardine; sat twelve times between 25 March and 28 April 2026.

Witnesses & evidence-givers 12

  • The Bar Council → src
    Submitted written evidence CTB24 and CTB34 plus supplementary observations with the Criminal Bar Association and Circuit Leaders on the Bench Division, restricted election and judge-alone fraud trials.
  • The Law Society → src
    Submitted written evidence CTB21 on the removal of the right to elect Crown Court trial and on appeals reform.
  • Magistrates' Association → src
    Submitted written evidence CTB07 on the extension of magistrates' sentencing powers to 18/24 months and on appeals from magistrates' courts.
  • Crown Prosecution Service → src
    Submitted written evidence CTB29 on prosecutorial implications of the Bench Division, restricted election and reclassification of offences.
  • London Criminal Courts Solicitors Association → src
    Submitted written evidence CTB40 on practitioner-level implications of restricted election and the Bench Division.
  • Wales and Chester Circuit → src
    Submitted written evidence CTB39 representing circuit practitioners on judge-alone trial and Bench Division design.
  • JUSTICE → src
    Submitted written evidence CTB28 on rule-of-law and fair-trial implications of the Bill's structural reforms.
  • Victims' Commissioner for England and Wales → src
    Submitted supplementary written evidence CTB30 and wrote to the PBC Chair on 13 April 2026 pressing victim-protection amendments to the Bill.
  • Both Parents Matter → src
    Submitted written evidence CTB10, CTB35 and CTB42 opposing clause 17 repeal of the presumption of parental involvement.
  • Claire Throssell MBE → src
    Submitted supplementary written evidence CTB33 in support of clause 17 repeal, drawing on her family-court advocacy.
  • Professor Penney Lewis (Law Commission) → src
    Criminal Law Commissioner; submitted written evidence CTB23 on legal-architecture coherence of the Bill's criminal-court reforms.
  • Professor Rebecca Helm (Evidence-Based Justice Lab, Exeter) → src
    Submitted written evidence CTB09 on evidence and special-measures provisions in the Bill.

Commentator 12

  • Dr Kieran Mullan MP → src
    Conservative, Bexhill and Battle; lead opposition voice on the Public Bill Committee, speaking across all twelve sittings on jury-trial restriction, Bench Division design and clause 17.
  • Jess Brown-Fuller MP → src
    Liberal Democrat, Chichester; lead Liberal Democrat voice on the PBC, present at all twelve sittings pressing on appeals reform and family-court provisions.
  • Rebecca Paul MP → src
    Conservative, Reigate; sustained opposition contributor across PBC sittings on the Bench Division and election restriction.
  • Joe Robertson MP → src
    Conservative, Isle of Wight East; contributor across PBC sittings on criminal-court reform clauses.
  • Linsey Farnsworth MP → src
    Labour, Amber Valley; Government backbench contributor across PBC sittings on Leveson-derived measures.
  • Siân Berry MP → src
    Green, Brighton Pavilion; sustained Green Party voice on the PBC on jury trial and fair-trial safeguards.
  • Yasmin Qureshi MP → src
    Labour, Bolton South and Walkden; senior Labour contributor across PBC sittings.
  • Mr Paul Kohler MP → src
    Liberal Democrat, Wimbledon; PBC contributor focused on appeals reform and the Bench Division.
  • Andy Slaughter MP → src
    Labour, Hammersmith and Chiswick; spoke at Second Reading and Commons proceedings on the rule-of-law implications of the Bill.
  • Dr Neil Shastri-Hurst MP → src
    Conservative, Solihull West and Shirley; contributed at Second Reading on jury-trial restriction.
  • Sir Edward Leigh MP → src
    Conservative, Gainsborough; spoke at Second Reading and Commons proceedings questioning the constitutional implications of restricting jury trial.
  • Sir Desmond Swayne MP → src
    Conservative, New Forest West; asked the Attorney General whether advice had been given to the Lord Chancellor on the Bill's impact on the rule of law.

Other 2

  • Sir Brian Leveson → src
    Author of the Independent Review of the Criminal Courts whose recommendations form the blueprint for the Bill's structural criminal-court reforms.
  • Sentencing Council → src
    Runs the parallel consultations on Magistrates' Court Sentencing Guidelines and miscellaneous amendments which must align with the Bill's expanded magistrates' powers.

Political commitments

What parties and ministers have promised — manifesto pledges, King's Speech announcements, ministerial statements. Each card shows what was said, by whom, and when, with a link to the original source.

  • commitment King's Speech announcement Labour · 2026 · King's Speech announces Courts Modernisation Bill

    King's Speech 2026 — Courts Modernisation Bill

    The King's Speech 2026 justice bill to modernise courts and tribunals, improve criminal justice performance, and support faster, more efficient case handling.

    Why linked: Confirms the Government's intention to continue and complete the Bill in the 2026-27 session.

    Source: King's Speech announces Courts Modernisation Bill · Original ↗
  • commitment Ministerial statement Labour · 2025 · Family Justice: Better Protections for Children

    Repeal of the presumption of parental involvement

    I am pleased to announce today that the Government will repeal the presumption of parental involvement when Parliamentary time allows.

    Why linked: HLWS976 of 22 October 2025 is the announced commitment that clause 17 of the Bill operationalises.

    Source: Family Justice: Better Protections for Children · Original ↗
  • commitment Ministerial statement Labour · 2026 · Correspondence from The Rt Hon David Lammy MP, Deputy Prime Minister, Lord Chan…

    Implementation of Leveson Review recommendations

    Why linked: The Lord Chancellor's 3 March 2026 letter to the Justice Committee sets out the Government's response to the Criminal Courts Review, the policy basis for the Bill's structural measures.

    Source: Correspondence from The Rt Hon David Lammy MP, Deputy Prime Minister, Lord Chancellor and… · Original ↗

Open questions & gaps

Known gaps in the evidence base and what's still pending.

Pending in the lifecycle

  • Commons Report stage and Third Reading — amendment surface published 29 April 2026 (Bill 422 NC and amendments) not yet debated.
  • Lords stages — Bill has not yet been introduced in the Lords; reasoned amendment was selected but defeated at Second Reading.
  • Secondary legislation to set the variable cap on magistrates' sentencing powers in 6-monthly increments up to 18 or 24 months.
  • Sentencing Council guideline architecture for triable-either-way cases that will now sit at magistrates' or Bench Division level.
  • Designation, judicial deployment and procedural rules for the new Bench Division of the Crown Court.

Beyond the corpus

  • MISSING Justice Committee published report on legislative scrutiny — The Committee opened legislative scrutiny on 27 February 2026 but no concluded report is yet in the corpus.
  • MISSING Lord Chancellor's full response to the Leveson Review — Referenced in correspondence dated 3 March 2026 but the underlying response is not on the thread.
  • MISSING ECHR-focused JCHR scrutiny — The Bill's measures (removal of right to elect, judge-alone fraud trials) raise Article 6 questions that would ordinarily attract a Joint Committee on Human Rights report — none is in the corpus.

Confidence gaps

  • Scope of offences caught by 'restricted election' and the Bench Division — Government has been pressed in PQs 116961-116963 but no comprehensive list is in the corpus.
  • Interaction between clause 17 repeal of the presumption of parental involvement and Practice Direction 12J and the Pathfinder/Child Focused Model rollout.