Victims of crimes will see the perpetrators face justice more
quickly under a once-in-a-generation review of criminal courts,
the Lord Chancellor announced today (12 December).
As newly released statistics show the Crown Court backlog has
reached a record high, the review will look at what more can be
done to make sure criminals have their day in court, without
delay, get the punishment they deserve, and keep our streets
safe.
The review – led by Sir Brian Leveson – will consider the case
for new “intermediate courts” where cases too serious for
magistrates' courts but not serious enough for the Crown Court
could be heard by a judge, flanked by magistrates.
Sir Brian will also be asked to consider whether Magistrates
should be empowered to look at more cases, freeing up capacity in
the Crown Court to consider the more complex, serious crimes. By
reclassifying some offences and extending magistrates' sentencing
powers, certain trials could move to magistrates' courts. This
would build on the decision to allow magistrates to hand out
custodial sentences for up to 12 months announced earlier in the
year.
It will also look at where technology can be used to drive
efficiencies and improve how the Crown Court functions.
The review comes as statistics published today show the
outstanding Crown Court caseload has now risen to 73,105 - nearly
double the 38,000 seen before the pandemic. This increase means
more victims are facing unprecedented waits for justice, with
some trials now being listed for 2027. Victims wait around a year
on average for their case to be resolved; for rape victims it's
over two years.
Lord Chancellor and Justice Secretary, , said:
“The scale of the Crown Court crisis inherited by this Government
is unprecedented. Despite the efforts of judges, lawyers and
court staff, we simply cannot continue with the status quo.
“To deliver the Government's bold Plan for Change and make our
streets safer, we require once-in-a-generation reform of a courts
system stretched to breaking point.
“In many cases, victims are waiting years to see their
perpetrator put before a judge, and we know for many victims,
justice delayed is as good as justice denied.
“We owe it to victims to find bold, innovative approaches that
will speed up justice, deliver safer streets and send a clear
message to criminals that they will quickly face the consequences
of their actions.”
The review will build on previous reviews, such as the 2001
Review of the Criminal Courts in England and Wales by Lord
Justice Auld and the 2015 report into Efficiency in Criminal
Proceedings by Sir Brian Leveson.
It is expected to report back with initial recommendations by
Spring 2025.
Sir Brian Leveson said:
“I am pleased to contribute to the important task of seeking to
address the very real difficulties facing the criminal justice
system.
“A challenge of this scale requires innovative solutions and I
look forward to making my recommendations to the Lord Chancellor
in due course.”
While the Government has taken action to reduce pressure on the
courts system, these figures show the scale of the challenge.
Even if the Crown Court were to operate at maximum capacity, the
backlog would continue to grow. Bold, innovative reforms are
therefore the necessary solution.
The reforms being looked at will not only make sure victims get
the justice they deserve, but will also relieve pressure on the
prison estate and drive down the record remand population.
The plans form part of the Government's commitment to Safer
Streets by reducing the courts backlog, speeding up trials for
victims, and rebuilding public confidence in the criminal justice
system.
Notes to Editors:
- The review will be led by Sir Brian Leveson, a former High
Court Judge and a previous President of the Queen's Bench
Division.
- In October the Government doubled sentencing
powers for magistrates' courts in order to divert 2,000
cases away from the Crown Court and to ease pressure on the
remand population in our prisons.
- The Lord Chancellor also increased the number of sitting days
agreed by the previous government, from 106,000 to 106,500.
- Fees for criminal legal aid work in police stations and youth
courts have been increased
by £24 million.
- The Government also announced its intention to consult on an
increase to civil legal
aid fees for housing and immigration cases.
- The Government conducted an external audit on our Criminal
Courts data, which has been published for the first time today
since March. You can find the updated statistics
here.
- Sir Brian Leveson will continue as normal in his role at the
Investigatory Powers Commissioner's Office.
