Reduce jury trials to solve huge courts backlog, report recommends
Reducing the number of jury trials and resolving more cases outside of court are among “fundamental” reforms to the court system proposed to “reduce the risk of total system collapse”.
Sir Brian Leveson has unveiled plans to shake up the structure of courts and reclassify offences, in a bid to cut the record-high backlog where some cases are listed for 2029.
It comes as the crown court backlog in England and Wales has passed 75,000 cases for the first time, rising to 76,957 at the end of March.
Sir Brian’s recommendations have been modelled to save approximately 9,000 sitting days in the crown court each year, by diverting cases to magistrates’ courts or to the proposed Crown Court Bench Division for trials to be heard by judges.
Juries would be reserved to hear the most serious cases, and there would be a greater use of cautions to divert more cases away from court.
Sir Brian, chairman of the independent review of the criminal courts, said: “It is well recognised that justice delayed is justice denied but the record and rising court backlog means victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial – unable to move on with their lives.
“This situation is simply unacceptable.
“The recommendations I have put forward represent a cohesive package of reforms designed to transform our courts into a system that provides appropriate and fair decision-making.
“It also takes a proportionate approach to trial processes while maintaining the fundamental right to a fair trial.
“These are not small tweaks but fundamental changes that will seek to make the system fit for the 21st century.”
The Criminal Bar Association (CBA), which brought industrial action in 2022, has said it will consult its members over the potential changes.
Mary Prior KC, Chair of the CBA, said: “Any fundamental change is going to require the criminal barristers who prosecute and defend in the Crown Court to believe that this is the best way forward.
"As this is such a radical change to the criminal justice system we will be listening to what our members say. There is a lot to digest.”
Under the plans, either way, offences with a maximum custodial sentence of two years or less, such as possession of drugs, bike theft and voyeurism, could face lower penalties of 12 months imprisonment or less.
Defendants in cases for offences including assault of an emergency worker, stalking and possessing an indecent photograph of a child would also no longer be able to choose a jury trial.
Justice Secretary Shabana Mahmood said ministers will now consider the recommendations and will respond ahead of legislating changes in the autumn.
The Lord Chancellor said: “I have already lifted courts funding to record levels, funding 4,000 more court sitting days than under my predecessors.
“But swifter justice requires bold reform, and that is what I asked Sir Brian Leveson to propose.
“As part of our Plan for Change, I will do whatever it takes to bring down the backlog and deliver swifter justice for victims.”
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