A new post of prime minister’s criminal justice adviser and the widespread use of remote hearings are among the recommendations of a government-commissioned independent review on tackling the courts’ backlog in England and Wales.
The second part of Sir Brian Leveson’s review – unlike the first part, which recommended slashing jury trials – focuses on efficiencies that can be achieved without legislation.
The report, published on Wednesday, contains more than 130 recommendations designed to speed up justice for victims.
“I have never seen pressure on the courts at such an unacceptable level – the system stands on the brink of collapse,” said Leveson.
“Victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial – unable to move on with their lives.
“System-wide inefficiency is undermining the ability of the criminal courts to function, exacerbating the strain caused by the demanding caseload.”
The prime minister’s criminal justice adviser would be a civil servant sitting at the heart of government tasked with overseeing work across the different elements of the system – courts, prisons, prosecutors and police.
Leveson said first hearings in the magistrates court and preliminary hearings in crown court should be remote, except for a bench trial when the judge sits alone.
He recommends that trials should continue to be in person but attendance for professional witnesses such as police officers should be remote by default. Defendants in jail on remand should be allowed to attend sentencing hearings remotely, except when victim impact statements are to be delivered, the report says.
At a press briefing on Tuesday, Leveson defended his previously published recommendation to limit jury trials, saying: “If not this, then what?”
He defended his recommendation that judges should sit with two lay people (magistrates) in new “swift courts” but declined to criticise the government for removing the lay element in its proposal so that judges will sit alone.
Leveson said the problems identified in his reports needed to be addressed “as quickly as possible because the one thing we do not have is the luxury of great time”.
Richard Atkinson, the former president of the Law Society and a criminal defence solicitor, said: “Sir Brian’s report demonstrates there is no single fix to bring our criminal justice system back from the brink and ensure swift and fair justice is delivered.
“Sir Brian shows that sustained investment is needed throughout to resuscitate our criminal justice system.”
He welcomed some of the proposals, but said: “We disagree with some recommendations that may compromise the fairness and safety of the justice system, including providing legal advice by video link to people detained in police stations, and remote-first court hearings after arrest where people’s liberty is at stake.”
Riel Karmy-Jones KC, the chair of the Criminal Bar Association, and the vice-chair Andrew Thomas KC, said: “We commend Sir Brian for shining a light in forensic detail on the chronic underfunding and manifest, cost wasting inefficiencies. There are no shortcuts to be had.
“All of government – including the Treasury – must recognise that a properly functioning criminal justice system underpins the economic prosperity and social cohesion which this government has pledged to the electorate.”
