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 that the all aspects of the criminal justice system have suffered from governmental neglect over many recent years. The pandemic made the situation worse but there was already a considerable backlog at the start of the pandemic.
"Summary only offences" remain with the Magistrates' Court which has a maximum sentencing power of 12 months imprisonment. Whilst summary trial - before a bench of lay justices or a District Judge (Magistrates' Courts) - is adequate for minor offences it is not suitable for the trial of serious offences where trials will usually be lengthier and more complex.
Trial by jury is a valuable constitutional safeguard. It is a child of the common law and has proved its worth down the ages. This ancient right ought not, in my view, be whittled away because HM Treasury will not properly fund the legal system. That is not to say that improvements cannot be made to the criminal justice system but this ought not to be at the expense of our fundamental rights as citizens.
The above said, it is fair to note that Sir Brian Leveson is a strong-minded individual who views judicial independence from government as highly important. We can expect a robust examination of the topic.
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