The criminal justice system is at real risk of collapse, according to the Independent Review of the Criminal Courts, chaired by Sir Brian Leveson.
Sir Brian opened his report by stating that ‘criminal justice is in crisis’. He wrote: “The open caseload in the Crown Court has now reached a record high. As of December 2024, there were over 75,000 outstanding cases in the Crown Court.” He outlined how delayed justice results ‘in a host of problems: devastating impacts on the lives of victims and witnesses, a number of whom may withdraw from proceedings; defendants left in limbo for years; and knockon effects on the rest of the justice system, such as a rising remand population taking up scarce prison places’. Sir Brian pointed to not only a lack of funding for the Ministry of Justice, but ‘disconnect’ between agencies within the system.
Among his proposals are that the Government reviews the Rehabilitation of Offenders Act 1974, ‘to simplify and clarify the system to encourage the recognition of rehabilitation’; and to make more use of OOCRs (out of court resolutions), alongside restorative justice for what he termed ‘low-tier offences such as some thefts, public order offences and drug misuse’.
Fraud trials
On the debate as to whether jurors can fully understand ‘the technical detail and complexities of some fraud cases’, Sir Brian considers two models for ‘juryless trial which could be introduced for serious and complex fraud cases’: a judge of the Crown Court sitting with two qualified lay assessors who are experts in their field; and a judge alone. “Serious and complex fraud cases are good examples of the category of case in which judges should be in a position to decide to try cases alone,” he writes.
Comments
For the Association of Police and Crime Commissioners (APCC) Chair Emily Spurrell, Labour PCC for Merseyside, said: “Sir Brian Leveson’s review clearly articulates the problems our criminal justice system faces and makes clear that only radical change can deliver justice for victims and defendants whilst rebuilding public trust. As PCCs we too often hear from victims who feel let down and ignored, so we welcome the changes proposed to tackle delays in getting cases to trial and increase confidence amongst those seeking justice, including more use of out of court resolutions.
“Freeing up time in Crown Courts is vital but it is essential these changes reflect the views of victims. Reform is welcome but must not come at the cost of those the system is meant to protect.”
Chair of the parliamentary Justice Committee, London Labour MP Andy Slaughter said: “Juries are central to our constitutional right to a fair trial. We should think very carefully before altering a system that has served us well for centuries. But that does not mean the ambit of the jury system can never change.
“Sir Brian makes a compelling case for radical change and the need for more than extra resources to restore the reputation of the criminal courts. The Justice Committee will consider the recommendations on jury trial in the independent review with an open mind, alongside the series of further changes to the operation of the Crown Courts which the review recommends.
“Structural change, operational efficiency and increasing investment are all key to making inroads into the unprecedented backlog of cases in the criminal justice system. They are not alternatives.”
Background
In December 2024, the Lord Chancellor asked Sir Brian to conduct an Independent Review of the Criminal Courts. To read the full, 388-page volume one, visit https://www.gov.uk/government/publications/independent-review-of-the-criminal-courts-part-1. Part II (the Efficiency Review) will be published later in 2025.
CPS inspection
Meanwhile, His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) and His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) carried out a joint inspection of the building of prosecution cases by the police and Crown Prosecution Service (CPS). The inspectors, Anthony Rogers (fire) and Sir Andy Cooke (police) said: “The relationship between the police and the CPS is critical in an efficient and effective criminal justice system, that increases public trust and importantly to provide better outcomes for victims. Over the years, we have seen many changes in the way they interact and work together. Most recently, we have seen changes made to disclosure and case building processes, which have increased inefficiencies and tensions between policing and CPS.
“Successive inspections by HMCPSI and HMICFRS have identified the need to improve case management between the police and the CPS. This has been a complex inspection, with a number of issues needing to be examined further and to the degree necessary. However, it is clear that fundamental issues remain unchanged, including on joined up processes and priorities. There is no clear strategy for improvement being driven across the system and there continues to be a lack of shared performance metrics.”
Photo by Mark Rowe: Hereford.
