Guidance

Independent Review of the Criminal Courts

Former President of the Queen's Bench Division, Sir Brian Leveson, has been appointed to carry out an independent review into the criminal courts.

Applies to England and Wales

Sir Brian Leveson said:

I am pleased to contribute to the important task of seeking to address the very real difficulties facing the criminal justice system. A challenge of this scale requires innovative solutions and I look forward to making my recommendations to the Lord Chancellor in due course.

Independent Review of the Criminal Courts: Terms of Reference

Context

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.

Some of these issues have been considered previously, both in Lord Justice Auld’s 2001 review of the criminal courts and Sir Brian Leveson’s 2015 report Efficiency in Criminal Proceedings. Most recommendations from the latter were implemented by 2016, but in light of increasing caseloads and the changed context since the pandemic, it is right that these issues are examined afresh.

The Lord Chancellor has therefore commissioned an independent review of the criminal courts which will consider the merits of longer-term reform and, with agreement of the Lady Chief Justice, review the efficiency and timeliness of processes (including those of partner agencies) in cases through charge to conviction/acquittal.

Purpose

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.

Scope

The review should consider:

a. Longer-term options for criminal court reform, with the aim of reducing demand on the Crown Court by retaining more cases in the lower courts. This could include:

  • 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.

In relation to these reform options the review should consider:

  1. The impacts any changes could have on how demand flows through the criminal courts.

  2. The potential impacts of any structural changes on the fairness of proceedings, particularly the impact on court users such as witnesses and defendants, and how these could be mitigated where necessary.

  3. The necessary enabling processes to ensure the most effective implementation of the options, for example the allocations process.

  4. The implications for appeal routes of the various options.

  5. Necessary changes to thresholds and mode of trial within relevant offence types.

  6. The sequencing of any changes – for example, whether they should be brought in via a phased approach.

b. The efficiency and timeliness of processes through charge to conviction/acquittal. This should include:

  1. Consideration of how processes through charge to conviction/acquittal could be improved to maximise efficiency. This includes looking at the processes of the courts but also those of partner agencies in the criminal justice system which affect the efficiency of the criminal courts.

  2. Consideration of how effectively previous recommendations – including those contained within the 2015 review Efficiency in Criminal Proceedings – have been implemented and if more could be done for these to successfully increase efficiency within the criminal courts.
  3. Consideration of previous recommendations within the current context of challenges facing the criminal courts, and how these might be updated or built upon.

  4. Consideration of how new technologies, including Artificial Intelligence, could be used to improve the criminal courts.

In addition to the above, the review should make any other recommendations to tackle the outstanding caseload that emerge as a result of reviewing the options and evidence. The review should consider what can be learned from best practice in other jurisdictions and international comparators.

The review should not consider wider cross-system efficiencies where they do not relate to the efficiency of the courts. Although, as outlined above, the review will consider processes of partner agencies which affect the efficiency of the criminal courts.

It is important that this review complements other work that is currently ongoing which aims to improve the criminal courts. For example, the work of the Criminal Courts Improvement Group will continue, focusing on short term, operational improvements that can continue to be made whilst the independent review is underway.

As part of the review, relevant partners across the Criminal Justice System will be consulted and engaged to ensure any subsequent recommendations are both operationally viable and consider other ongoing or planned work to improve efficiency.

The review will respect the different roles and responsibilities of the executive and the independent judiciary in relation to the criminal courts.

The options and recommendations provided should take account of the likely operational and financial context at the time that they may be considered and implemented.

Reporting

The review will report on options for long-term reform by late Spring 2025, following up with findings on court efficiency by Autumn 2025.

Contact

The Independent Review can be contacted by email: independentreviewcriminalcourts@justice.gov.uk 

or by post: 

Independent Review of the Criminal Courts
9.10, 102 Petty France
London
SW1H 9AJ

Updates to this page

Published 12 December 2024

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