Leveson report: Address systemic criminal court inefficiency and stop wasting time on restricting jury trials

Sir Brian Leveson has published Part 2 of his independent review of the criminal courts. Key recommendations in the report echo those that the Bar Council put forward in our submission to the review, including improving listing practices and case management, making better use of technology and remote hearings, ensuring defendants are delivered to court on time and addressing funding in the justice system.

Commenting, Bar Council Chair Kirsty Brimelow KC said: "The Bar Council welcomes Sir Brian Leveson's recommendations to address the deep and sustained failures within the criminal justice system, brought about by a slash and burn approach to its funding needs. It is logical that these are implemented and allowed to take effect.

"In looking at the problems in the criminal justice system end-to-end, Sir Brian has recognised issues consistently raised by barristers including the late delivery of prisoners to court, courts sitting empty and lack of barristers to prosecute and defend. Weeks of court time is wasted for complainants, witnesses and defendants, while an average of 64 Crown Court rooms go unused each day.

"It is therefore vital that time and resource is not further wasted on plans to restrict jury trials when there is no evidence to show it will make a difference any time soon or at all.

"Institute for Government research found that restricting the right to jury trial would save under 2% of court time, if the 'uncertain' estimate of Sir Brian Leveson that a judge-only trial is 20% faster is correct.

"Meanwhile, Crown Courts such as Liverpool and Woolwich have shown that efficiencies and investment of time and resources do reduce the backlog without the need to reduce jury trials.

"We know that our criminal justice system works when properly resourced and when judges are provided the resources required. The prosecution should be proactive in removing cases from the backlog that no longer are in the public interest to prosecute at the level of the offence charged. This worked well during Covid.

"The proposal to reduce jury trials is draining energy and focus from implementing the changes that can be shown to bring down the backlog now.

"It is not too late for the government to change course and to put the same energy into opening the empty courts, investing in the courts and legal aid and enabling Judges to conduct intense listing to remove cases from the backlog."

Read more about our Justice Needs Juries campaign

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