The head of a major justice review, Sir Brian Leveson, has suggested that “radical” measures, including diverting cases from criminal courts, may be necessary to address the current backlog “crisis”. He described the number of pending prosecutions as “unsustainable”, with court listings now extending into 2027.
The retired judge was appointed by the Government to conduct an independent review after the backlog in crown courts reached a new record high. Speaking on BBC Radio 4’s Today programme, he said the situation was “not acceptable” for victims, witnesses and defendants.
He stated: “The backlog has become unsustainable, in the sense that cases are being added to the system faster than they can be removed by trial and result.”
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He further described the situation as a “crisis in the criminal justice system which has to be addressed.”
When asked if the volume of cases being processed in the courts needed to be reconsidered, Sir Brian responded: “I think that’s a good question, and one of the issues that will have to be considered.”
He also indicated that exploring ways to divert people from the criminal justice system would be part of his review.
Jury trials could potentially be scrapped in some cases, with “intermediate” courts involving a judge and two magistrates being considered. This measure would apply to cases too serious for magistrates’ courts but not serious enough for the crown court.
The powers of magistrates could also be expanded so they can hand down longer jail sentences, as part of proposals under consideration. Sir Brian conducted a similar review in 2015, the recommendations of which were fully accepted by the Government.
“The non-legislative changes that were put into place after that review did make a difference and have helped, and I think, I hope, have continued to help. But I think that the system now requires far more radical answers,” he said. The Ministry of Justice (MoJ) released court backlog figures for the first time in several months on Thursday due to concerns over data inaccuracies.
The data revealed that the number of criminal cases waiting to be dealt with by crown courts in England and Wales was 73,105 at the end of September. The caseload increased 3% on the previous quarter (71,042 cases), 10% on the previous year (66,426 cases) and has nearly doubled since the end of 2019 (38,016 cases), before the coronavirus pandemic.
There were 14,865 outstanding sexual offence cases, of which 3,291 were for adult rape allegations, according to PA news agency analysis.