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19.12.24

Review of Criminal Courts

Last week, the Lord Chancellor announced a review of criminal courts to be led by Sir Brian Leveson.

This is following new statistics showing that the crown court backlog has reached a record high; the Ministry of Justice figures showed that the number of criminal cases waiting to be dealt with by crown courts in England and Wales reached 73,105 at the end of September. This is a 10% increase on the previous year (66,426) and nearly doubled since the end of 2019 (38,016). Trials are routinely being listed for 2027, with some courts even listing into 2028 already.

Sir Brian Leveson has been asked to consider:

  1. New “intermediate” courts, where cases too serious to be tried by magistrates but not serious enough for crown courts could be heard by a judge and magistrates.
  2. Whether magistrates should be empowered to consider more serious cases, freeing up capacity in the crown courts by reclassifying some offences and giving magistrates higher sentencing powers.
  3. Where technology can be used to improve how the crown court functions.

The problem is that even if the crown courts were operating at capacity (which they currently are not due to budget restrictions), the backlog would continue to grow. The Government has acknowledged that bold and innovative reforms are required in order to reduce this backlog. Unfortunately, years of underfunding and cuts have meant that there are not enough barristers and solicitors to try cases and court buildings are literally falling apart.

It is questionable whether magistrates’ courts are adequately equipped to deal with further cases. Last week Westminster Magistrates’ Court, which deals with all extradition cases as well as criminal matters suffered serious operational issues.  Defendants were not brought to court because of faulty drains in the cells, the Wi-Fi failed and cases taking place remotely from police stations could not be dealt with as papers were not available. Those whose cases could not be heard were remanded in custody overnight in the police station. There have been reports previously of prisoners being “lost” in the court cells.  Westminster Magistrates' Court, which opened in 2011, is one of the country's newer courts.

Magistrates’ sentencing powers have already previously been increased, initially in 2022, and again in October 2024, with the aim of reducing the crown court backlog (see our previous blog on this). However, this does not seem to have had the desired effect, and it has resulted in more people being sent to prison upon sentencing, increasing the problem with prison overcrowding.

Justice delayed is justice denied. Complainants, defendants and witnesses are routinely having to wait a number of years before their case is dealt with in the crown court, with reports that the a record number of rape cases are collapsing due to the numbers of complainants withdrawing doubling in the last five years.

It is clear that the criminal justice system is broken and in urgent need of repair.  Sir Brian Leveson’s initial recommendations, expected by Spring 2025, will be eagerly anticipated by all those involved in the criminal justice system.

 


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Articles are intended as an introduction to the topic and do not constitute legal advice.