Yesterday, the Independent Review of Criminal Justice published its report investigating the causes and proposed solutions to the backlogs crisis affecting the criminal justice system.
Chaired by the former head of Criminal Justice Sir Brian Leveson, the Review was appointed by the Lord Chancellor in December 2024 in response to acute challenges affecting the Crown Court, and in particular the sustained increase in cases awaiting trial. Approximately 73,000 cases were awaiting trial at the Crown Court by the time the report was commissioned in autumn last year, with many defendants charged with sexual offences now waiting in excess of five years between arrest and trial.
The report has outlined 45 key recommendations that ministers may wish to consider in addressing these pressures ahead of legislating on judicial reform in autumn, ranging from reforms to the way many offences are tried to proposed measures for reducing the ‘excessive’ numbers of prosecutions. These include:
Reforms to Trials and Sentencing
Leveson has proposed a reformed system for trying criminal offences, including a significant reduction in criminal offences liable for trial by jury. Under his recommendations, defendants charged with a crime with a maximum statutory custodial sentence of two years or less will lose their right to a trial by jury in the Crown Court, and will instead be tried in the Magistrates’ Court. This will expand the list of summary-only offences.
For charges with a maximum statutory sentence above two years, a defendant may still elect to go to the Crown Court. However, a judge will formally decide at a Plea and Trial Preparation Hearing (PTPH) whether their case be tried by a jury (a jury trial) or by a panel of two magistrates and a judge (a Crown Court Bench Division trial).
This decision will be contingent on what the judge believes the ‘expected sentence’ in the case will be, in the event they are found guilty. This would follow new guidelines produced by the Sentencing Council. If the expected sentence is anticipated to be three years or more, the case will generally be referred to trial by a jury; where the expected sentence is between 2-3 years, it will be tried by the Bench.
Under these proposals, serious sexual offences like rape, producing indecent images of children, and sexual assault with major aggravating factors are still likely to be tried by a jury. Defendants charged with offences like possession of indecent images - dependant upon any aggravating factors presented by the prosecution - would likely be tried by the Bench. Where defendants enter a guilty plea at the earliest opportunity, the report recommends that the advised sentence reduction be raised from 33% to 40% of the total sentence imposed.
- Recommendations: 14, 16, 18, 19, 21, 22 - 28, 30 - 33, 43 - 45
Measures to Reduce the Number of Prosecutions
The review has also made several proposals intended to reduce the number of offenders entering the courts system. In particular, it has recommended an expansion in the use of police cautions and Out of Court Resolutions (OOCRs) as a diversionary measure to reduce the rate of criminal prosecutions for ‘low-level’ crimes, including minor theft and public order and drugs offences.
It suggests that these measures be combined with greater investment in rehabilitation and crime prevention programmes, and a legislative expansion in Deferred Prosecution Schemes that will see prosecutions held on the condition that suspects adhere to specific behavioural requirements.
- Recommendations: 1 - 10, 17
Changes to Bail
Following their arrest and subsequent release pending investigation, most criminal suspects are bailed. Under the current system, many suspects have their bail renewed repeatedly until the police have no option but to 'Release them Under Investigation' (RUI), which extinguishes bail due to the limited number of times the police can renew bail before seeking permission from the Magistrates' Court.
In its report, the review has recommended that the RUI mechanism be removed, and bail either granted conditionally or unconditionally for the duration of the investigation. This would mean bail could no longer be extinguished, and would apply to most crimes, including sexual offences, unless the suspect is held on remand.
Further recommendations include better guidance from the Home Office and the Independent Office of Police Conduct (IOPC) to make the process of granting bail more consistent and efficient, and protect police from legal action where suspects re-offend when they are released from custody on bail. Misconduct hearings, including where a suspect has harmed themselves when released on bail, would become rarer and limited to cases where a police officer's conduct was 'seriously flawed.'
- Recommendations: 11, 13
New Charging Process
The report outlines several proposals for improving the process and methods by which suspects are charged. In particular, it has suggested enhanced collaboration and communication between the police and Crown Prosecution Service (CPS) in order to make charging more consistent, and create stronger prosecution cases. It argues that this will reduce the number of poorly evidenced cases that occupy court time and give greater opportunity for OOCRs.
- Recommendations: 12
The review has said that these changes will expedite the criminal justice process and alleviate court backlogs, through saving the Crown Court 20% of sitting days a year.
However, speaking on GB News alongside former Attorney General Sir Michael Ellis, solicitor and managing director Marcus Johnstone has criticised these claims, arguing that many recommendations in the report are likely to achieve very little for defendants and complainants.