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

Assisted Dying - Bill passes second reading in House of Commons

The Private Members' Bill proposed by Kim Leadbeater MP passed second reading in the House of Commons by 330 votes to 275.

The debate of Friday 29 November is at Terminally Ill Adults (End of Life) Bill - Hansard - UK Parliament

How individual MPs voted is shown at Terminally Ill Adults (End of Life) Bill (Division 51: - Hansard - UK Parliament

The Bill will now proceed to Committee Stage to be considered by a Public Bill committee which will have power to send for persons, papers and records.

The text of the Bill (on the day of 2nd Reading) is at - Terminally Ill Adults (End of Life) Bill (pdf) and Explanatory Notes are also available Terminally Ill Adults (End of Life) Bill (pdf - 22 pages).

Assisted dying bill for England and Wales: what amendments are likely to be proposed? | Assisted dying | The Guardian

Assisted Dying - Two Bills before Parliament

Updated 14 November 2024

Previous post - Law and Lawyers: Assisted Dying Bills ~ Background information.

This post takes a brief look at two Private Members' Bills about "Assisted Dying" currently before Parliament. 

There are of course those who are strongly in favour of legislation permitting such assistance to, at least, the terminally ill. There are also those who are strongly opposed.  This post does not discuss the underlying ethical or moral issues.

Two Bills

On 4 July 2024, a Bill was introduced in the House of Lords by former Lord Chancellor - Lord Falconer of Thoroton. It is the Assisted Dying for Terminally Ill Adults Bill [HL] - Parliamentary Bills - UK Parliament

On 16 October 2024 in the House of Commons, Kim Leadbeater MP introduced the  - Terminally Ill Adults (End of Life) Bill (pdf). The text of this Bill was published on 12 November 2024 and Second Reading is scheduled for 29 November - Terminally Ill Adults (End of Life) Bill - Parliamentary Bills - UK Parliament. Explanatory Notes for Leadbeater's Bill are also available.

Kim Leadbeater's Bill

This is

Sentencing Review ~ some of the issues

On 21 October 2024, the prison population of England and Wales stood at 87,465 against a Useable Operational Capacity of 89,136 - Prison population: weekly estate figures 2024 - GOV.UK. That is a prison service sailing close to the wind at 98,13% full.

6 years ago, on 3 August 2018, the figures were 83,107 against capacity 86,012. That is 96.62%.

Admittedly that is a mere snapshot but indicates a system that has NOT suddenly started to struggle but one that has been running close to capacity for many years. The capacity issue ought to have been addressed by the previous government. 

Action taken by the present government includes Emergency action taken on prison population and the announcement of a Landmark Sentencing Review launched to end prison crisis - GOV.UK to be led by former (Conservative) Secretary of State for Justice / Lord Chancellor Mr David Gauke.

Whilst the sentencing review has some limitations such as