Written 13th December 2024 by Toby Wilbraham
The government announced today that they have requested a review into the workings of the Criminal Justice System to see if the currently increasing backlog could be addressed by radical proposals. The review is to be chaired by Sir Brian Levenson who is best known for leading a previous enquiry into press ethics.
Crown Court backlogs
It is well known that there has been an increasing backlog of trials in the Crown Court which has led to delays of many years for cases to get to trial. Often when cases get to their allocated trial date the court doesn’t have space available leading to further long adjournments. Although it has been suggested that COVID has led to the increased backlog a closer examination of the statistics suggests that the backlog was increasing prior to COVID and COVID simply exacerbated a pre-existing problem.
Post COVID successive governments have tried to tackle this issue with limited success. A recent report by the National Audit Office suggested the ambition to reduce the backlog was no longer achievable.
Echoing Pat McFaddens suggestion that the civil service needs to consider radical reform to deal with modern issues the government is considering ways to expedite court cases.
Magistrates’ Court or Crown Court
Traditionally criminal cases fall into three categories, summary cases (less serious) that are only dealt with at the Magistrates’ Court, Indictable cases (most serious) that are dealt with at the Crown Court or either way cases that could be dealt at either court depending on the level of seriousness.
The review appears to be looking at middle ranking ‘either way’ cases to see if they could be diverted away from the Crown Court thereby reducing the backlog.
Intermediate Courts
One suggestion to be considered is whether new ‘Intermediate Courts’ could be used for these types of cases that would be decided by a Judge and flanking Magistrates, in a similar way to how Magistrates Court Appeal cases are dealt with.
Although this may have the benefit of reducing the burden on Crown Courts it seems it would remove or restrict the right for jury trials in these types of cases which has traditionally been available to defendants. It would also create a new tier of courts that didn’t previously exist and its not whether the cases would be held in a new building, the Magistrates or Crown Court.
It is certainly an interesting suggestion, but it remains to be seen if it would be practical, cost-effective and would be supported by other members of the criminal justice system who complain that it has been underfunded for years.
Olliers Solicitors – specialist criminal defence lawyers
If you are to appear in either the Magistrates’ Court or Crown Court, you should seek legal representation as soon as possible. Important decisions are made as soon as a case is in court and you need to ensure that your case is prepared from the outset. At Olliers we have a specialised team of lawyers who represent people in court on a daily basis. If you require advice and representation in connection with Magistrates’ Court or Crown Court proceedings, please contact us.
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Toby is a highly experienced solicitor having been at Olliers for in excess of 20 years. He works as a litigator as well as an advocate in the Magistrates’ Court, Crown Court and Court of Appeal. Due to his experience he also advises clients, who were initially represented by other firms, as to whether they could successfully appeal the result of their cases.
