Jury trials could be abandoned for some criminal cases in England and Wales under a radical overhaul proposed by ministers as the crown courts backlog hit a record high.
A review, to be led by the former high court judge Sir Brian Leveson, will consider creating “intermediate courts” where cases could be heard by a judge flanked by magistrates, in an attempt to speed up the length of trials.
These would apply to some criminal cases that are too serious for magistrates courts but are no longer deemed serious enough for the crown court.
The announcement comes after the Guardian launched its Courts in crisis series, examining what unprecedented delays and chaos mean for victims, the accused and the justice system as a whole.
The idea of abandoning jury trials for some crown court caseswas floated by the former lord chief justice Lord Thomas in an interview with the Guardian this week.
But the proposal will lead to concerns about an erosion of the centuries-old principle of jury trials, in which 12 people are chosen at random to hear the evidence and decide whether a defendant is guilty.
Magistrates praised the move, but cautioned – along with barristers, solicitors and victims – that the backlog would not be fixed without greater investment in the criminal justice system
The new Leveson review was announced by the Ministry of Justice (MoJ) on Thursday as fresh figures revealed the backlog of criminal cases waiting to be dealt with by crown courts in England and Wales stood at 73,105 at the end of September – a new record high.
In addition, Leveson, who is best known for chairing the public inquiry into press ethics, will also be asked to consider whether magistrates should be empowered to look at more cases to free 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, the MoJ said.
This would be in addition to moves earlier in the year to double the length of custodial sentences that can be handed out by magistrates, from six months to 12 months.
Shabana Mahmood, the 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 Leveson review will also look at where technology can be used to drive efficiencies and improve how the crown court functions.
The crown court caseload increased to 73,105, 3% up on the previous quarter and 10% up on the previous year, and has close to doubled since the end of 2019, when it stood at 38,016 cases, according to the MoJ data published on Thursday.
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Even if the crown court were to operate at maximum capacity, the backlog would continue to grow, the MoJ warned.
Leveson is expected to report back with initial recommendations by spring 2025.
Mark Beattie, the national chair of the Magistrates’ Association, which represents 11,500 magistrates, said: “The review will consider the case for new intermediate courts between the magistrates’ and crown courts, where cases would be heard by a judge sitting with two magistrates.
“It will also look at whether magistrates’ sentencing range could be increased, to further reduce the pressure on the crown courts. These are sensible ideas and we look forward to working with our members and the review as it takes shape.”
Beattie continued: “However, the fact remains that criminal justice has been underfunded for at least the last decade, so for the review to achieve its aims, it must be supported by a long-term, sustainable and considered investment in the whole criminal justice system, from prisons to the courts, probation and legal aid. This review is another useful piece in the justice jigsaw, but there is still more to do.”
Sam Townend KC, the chair of the Bar Council, which represents 18,000 barristers, said: “The courts crisis, illustrated by the latest figures, is the result of decades of cuts and a severe lack of investment. To address the multitude of challenges, we need some new solutions, but additional funding is also desperately needed.”
Richard Atkinson, the president of the Law Society, which represents solicitors and has more than 200,000 members, said they were not “convinced that intermediate courts are the silver bullet to solve the backlogs”.
“They will take considerable time and resource to introduce and may severely impact other parts of the system. If there are the personnel, physical and financial resources available we think they may be better of being invested in the existing court structure immediately.”
Katie Kempen, the chief executive of Victim Support, which helps victims of crimes through the court process, said: “Whilst fundamental reform is needed, it is shortsighted to think that this crisis will be solved without serious investment in court staff, infrastructure and victims’ services.”
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