The automatic right to a trial by jury could be axed for fraud cases and some sexual offences under radical reforms being considered by the government to tackle record court backlogs.
Proposals unveiled by Sir Brian Leveson have been described as the “most sweeping transformation of criminal courts in a generation” as he calls for a shake-up which would see some trials heard by a judge and two magistrates in a new division of the crown court.
The 380-page blueprint for reform, commissioned by the government, comes as a record 76,957 cases are waiting to be heard at crown courts in England and Wales, with trials listed as far ahead as 2029.
Sir Brian’s recommendations, designed to save 9,000 court sitting days each year, include:
- The removal of the right to choose a jury trial in cases where the maximum sentence is two years imprisonment
- The creation of a new Crown Court Bench Division (CCBD) in which a judge and two magistrates can hear ‘either way’ offences without a jury
- Defendants encouraged to plead guilty at earliest opportunity with the maximum reduction in sentence length increased from 30 to 40 per cent
- Serious complex fraud cases heard by a judge alone
- More cases resolved out of court with increased use of cautions
Justice secretary Shabana Mahmood, who is considering his recommendations, said she will do “whatever it takes to bring down the backlog and deliver swifter justice for victims”.
The government is expected to respond in full before deciding what changes they take up in the Autumn.
Sir Brian, a former High Court judge, said without action we risk “total system collapse” and his reforms are not small tweaks, but fundamental changes to make the system fit for the 21st century.
"It is well recognised that justice delayed is justice denied but the record and rising court backlog means victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial - unable to move on with their lives,” he said.
“This situation is simply unacceptable. The recommendations I have put forward represent a cohesive package of reforms designed to transform our courts into a system that provides appropriate and fair decision-making.
"It also takes a proportionate approach to trial processes while maintaining the fundamental right to a fair trial.”
Sir Brian said magistrates sentencing powers should remain capped at the current 12-month maximum.
However he called for defendants charged with crimes with a maximum sentence of two years or less to be stripped of the option of choosing a trial by jury at a crown court. This could include people charged with stalking, possessing prohibited images of children and benefit fraud, among others.
Rather than creating a new system of intermediate courts, he suggested the creation of a new bench division of the crown court which would see some offences tried by a judge, flanked by two magistrates.
The presumption should be all cases with a maximum sentence of three years or less would be heard by the ‘bench division’, he said, which includes some sexual offences such as sexual assault, grooming and incest.
He also said defendants should have the option of choosing to be tried by a judge alone, if the trial judge agrees.
This would automatically be the case for serious and complex fraud trials, which can involve levels of legal complexity beyond the understanding of the general public.
He also called for the maximum reduction in sentence length for an early guilty plea to be increased to 40 per cent, in order to encourage defendants to plead guilty at the earliest opportunity.
The Magistrates’ Association welcomed the proposals, saying it will speed up justice for thousands of people.
National chair Mark Beattie said: “We urge the government to implement Leveson’s recommendations as soon as possible. Every day that they aren’t in place, is a day when victims, witnesses and defendants have to wait for justice.”
However the Law Society warned the government must not “cherry pick” reforms from the review as they called for sustained investment to bring courts back from the brink.
“The proposed new division of the Crown Court on its own will not solve the Crown Court backlog,” president Richard Atkinson said.
“The government would have undermined our historic jury system for no effect.
“Only investment in the whole system has any chance of success - from when a criminal prosecution starts in the police station, and at all stages before a Crown Court case.”
Victims Commissioner Baroness Newlove echoed calls for reforms to be properly funded.
"Victims need a justice system that works – not in theory, but in practice,” she said.
“This review offers the best chance in a generation to fix it. The Government must seize that opportunity without delay.”
Metropolitan Police Commissioner Sir Mark Rowley agreed there is a risk of “total system collapse” without radical steps to reverse years of decline.
He added: “It cannot be right that in London more than 100 trials listed are for 2029. This is intolerable for victims and all parties who rely on a properly functioning court system to provide closure from what are often traumatic experiences, made worse by persistent delays.
“I welcome this report and look forward to working with partners across government to deliver the bold reforms that are now a necessity, not an option.”
