A new post of Prime Minister’s Criminal Justice Adviser and wider use of remote hearings are among the recommendations of a government-commissioned independent review into tackling court backlogs in England and Wales.
The second part of Sir Brian Leveson’s review – unlike the first part Recommends shortening of jury trials – Focuses on capabilities that can be achieved without legislation.
The report, published on Wednesday, contains more than 130 recommendations to ensure justice for victims.
“I have never seen pressure on the courts at such an unacceptable level – the system is on the brink of collapse,” Leveson said.
“Victims, witnesses and defendants wait months, sometimes years, for cases to come to trial – unable to move on with their lives.
“System-wide inefficiencies undermine the ability of criminal courts to function, exacerbating the pressure caused by a demanding caseload.”
The Prime Minister’s Criminal Justice Adviser acts as a civil servant sitting at the heart of government – tasked with overseeing the work of the courts, prisons, prosecutors and various aspects of the police system.
Leveson said first hearings in the magistrates’ court and preliminary hearings in the crown court should be remote, except for a bench trial when the judge sits alone.
He recommends that in-person hearings continue, but default to the attendance of professional witnesses such as police officers. Prisoners on remand should be allowed to attend sentencing hearings remotely, except when victim impact statements are required to be delivered, the report said.
At a press briefing on Tuesday, Leveson defended his previously published recommendation to limit jury trials: “If not this, then what?”
He defended his recommendation that judges in the new “swift courts” sit with two lay persons (magistrates), but refused to criticize the government for removing the lay element of his proposal to have judges sit alone.
Leveson said the problems identified in his reports were necessary should be addressed “as soon as possible because what we don’t have is the luxury of great time”.
Richard Atkinson, former president of the Law Society and a criminal defense solicitor, said: “Sir Brian’s report demonstrates that there is nothing we can do to bring our criminal justice system back from the brink and ensure that speedy and fair justice is delivered.
“Sir Brian shows that we need continued investment to revitalize our criminal justice system.”
He welcomed some of the proposals, but said: “We disagree with some of the recommendations that undermine the fairness and security of the justice system, including providing legal advice via video link to people detained at police stations and remote-first court hearings where people’s liberties are at risk.”
Reel Carmy-Jones KC, Chair of the Criminal Bar Association, and Andrew Thomas KC, Vice-Chair, said: “We applaud Sir Brian for shining a light in forensic detail on chronic underfunding and manifest, wasteful inefficiencies. There are no shortcuts.
“All governments – including the Treasury – must recognize that a well-functioning criminal justice system supports the economic prosperity and social cohesion that this government pledged to the electorate.”
