Review of the Criminal Courts - Why just a single reviewer?

 

As noted in the earlier post (12 December 2024), Sir Brian Leveson has been appointed by the government to conduct an Independent Review of the Criminal Courts - GOV.UK.

The terms of reference for the review are not only extensive but hint at possible reforms such as the reclassification of offences from triable either-way to summary only, consideration of magistrates' sentencing powers, the introduction of an Intermediate Court, any other structural changes to the courts or changes to mode of trial that will ensure the most proportionate use of resource.

Underlying all of this

Government announces Independent Review of the Criminal Courts

The government has announced that Sir Brian Leveson, the former President of the Queen's Bench Division, has been appointed to conduct an Independent Review of the Criminal Courts - GOV.UK

The announcement - (please read it in full) - begins

"The Crown Court caseload has risen substantially over recent years for complex reasons including the pandemic and an increase in the number of cases coming before the courts. The scale of cases entering the courts is now so great that, even with the Crown Court sitting at a historically high level, this would not be enough to make meaningful progress on reducing the outstanding caseload and bring down waiting times. Doing so will require bold thinking on the most appropriate and proportionate ways of dealing with cases before the courts, as well as increases in the efficiency of our criminal courts."

and also tells us that

"The purpose of this review is to produce options and recommendations for a) how the criminal courts could be reformed to ensure cases are dealt with proportionately, in light of the current pressures on the Crown Court; and b) how they could operate as efficiently as possible. This should include consideration of the processes of partner agencies where they impact the criminal courts. The review should lead to a more efficient criminal court system and improved timeliness for victims, witnesses and defendants, without jeopardising the requirement for a fair trial for all involved."

Of course, we know

The criminal justice crisis - Will the jury be a possible casualty?

It is hardly news but the criminal justice system is on its knees after years of neglect and underfunding by government.

On Tuesday 10 December, the Lord Chancellor and Secretary of State for Justice and also the Minister of State (Ministry of Justice) answered questions from MPs - Oral Answers to Questions - Hansard - UK Parliament

The answer to a question from Gideon Amos MP (Taunton and Wellington) was given by the Minister of State (Sarah Sackman KC MP who said 

" ..... As the Lord Chancellor said, we have increased the number of Crown court sitting days by 500, but it is not simply enough to increase court sitting days. We have to look at fundamental reform to address the serious backlogs we have inherited from the Conservative Government."

What those 'fundamental reforms' might be was not stated. but it appears that removal of jury trial is back on the agenda.

We know

At the request of the Ministry of Justice, the Law Commission is to review law and sentencing in homicide cases

Details are at

Law Commission to review law and sentencing in homicide - Law Commission

and at

Reviewing the law of homicide - Law Commission

There is also a recently commissioned independent Sentencing Review, chaired by the Rt Hon David Gauke. The Sentencing Review is due to submit its findings to the Lord Chancellor by Spring 2025.

Links

Justice secretary expected to be asked in parliament about proposed homicide reform | Law Gazette