A new post of criminal justice adviser to the prime minister and the widespread use of remote hearings are among the recommendations of an independent review commissioned by the government to tackle the backlog of courts in England and Wales.
The second part of Sir Brian Leveson’s review – unlike the first part, which recommended scrapping jury trials – focused on the efficiencies that can be achieved without legislation.
The report, published on Wednesday, contains more than 130 recommendations designed to facilitate justice for victims.
“I have never seen pressure on the courts at such an unacceptable level – the system is on the brink of collapse,” Leveson said.
“Victims, witnesses and defendants wait months, sometimes years, for cases to come to trial – unable to move on with their lives.
“System-wide inefficiencies undermine the ability of the criminal courts to function, exacerbating the burden caused by case demand.”
The prime minister’s criminal justice adviser will be a civil servant sitting at the heart of government tasked with overseeing the work of the various elements of the system – courts, prisons, prosecutors and the police.
Leveson said first magistrates’ court hearings and preliminary crown court hearings should be far apart, except for a bench trial when the judge sits alone.
He recommended that trials should proceed in person but the presence of professional witnesses such as police officers should be far from the default. Prison defendants incarcerated should be allowed to attend sentencing hearings remotely, unless victim impact statements must be delivered, the report said.
At a press briefing on Tuesday, Leveson defended his previously published recommendation to limit jury trials, saying: “If not this, then what?”
He defended his recommendation that judges should sit with two laymen (magistrates) in the new “swift courts” but refused to criticize the government for removing the lay element in its proposal so that judges sit alone.
Leveson said the problems identified in his reports were necessary which will be answered “as soon as possible because one thing we don’t have is the luxury of big time“.
Richard Atkinson, the former president of the Law Society and a criminal defense solicitor, said: “Sir Brian’s report shows that there is no single solution to bring our criminal justice system back from the brink and ensure that speedy and fair justice is delivered.
“Sir Brian has shown that continued investment is needed to restore our criminal justice system.”
He welcomed some of the proposals, but said: “We do not agree with some recommendations that could compromise the fairness and safety of the justice system, including providing legal advice via video link to people detained in police stations, and away from the first court hearings after arrest where people’s freedom is at risk.”
Riel Karmy-Jones KC, the chairman of the Criminal Bar Association, and vice-chair Andrew Thomas KC, said: “We commend Sir Brian for shining a light on the forensic detail of chronic underfunding and manifest, cost-wasting inefficiencies. There are no shortcuts that can be taken.
“All governments – including the Treasury – must recognize that a properly functioning criminal justice system promotes the economic prosperity and social cohesion that the government promised the electorate.”