A government-commissioned independent review has put forward more than 130 recommendations aimed at addressing the severe backlog affecting England and Wales courts. The review, led by Sir Brian Leveson, identifies a new position of prime minister’s criminal justice adviser and expanded use of remote proceedings among key proposals. Unlike the first part of the review, which addressed jury trial limitations, this section focuses on operational improvements that do not require new legislation.
Sir Brian Leveson emphasized the gravity of the situation, stating that the courts system stands on the brink of collapse due to unprecedented pressure. Victims, witnesses, and defendants endure prolonged waits stretching from months to years before their cases reach trial, preventing them from moving forward. He attributed this crisis to system-wide inefficiencies compounding the strain of heavy caseloads.
The proposed role of prime minister’s criminal justice adviser would position a civil servant within government to coordinate efforts across multiple justice system components including courts, prisons, prosecutors, and police. Remote hearings represent another major recommendation, with initial magistrates court appearances and preliminary crown court hearings to be conducted remotely, except during bench trials. Professional witnesses, particularly police officers, should appear remotely as the default, while trials themselves should remain in-person proceedings.
Regarding sentencing, the report suggests that remanded defendants should attend sentencing hearings remotely unless victim impact statements are being delivered. Leveson defended his earlier recommendation to restrict jury trials, responding to critics by asking “If not this, then what?” when faced with mounting case delays. He remained measured regarding judicial composition in proposed swift courts, declining to directly criticize government modifications to his original suggestions.
Legal professionals offered mixed responses to the recommendations. Richard Atkinson, former Law Society president and criminal defence solicitor, acknowledged that no single solution exists for the justice system crisis and emphasized the need for sustained investment. However, he expressed concerns that certain proposals, including video-link legal advice in police stations and remote-first hearings following arrest, could compromise fairness. The Criminal Bar Association echoed calls for comprehensive government commitment, stressing that economic prosperity depends on a functioning criminal justice system.
