Fewer jury trials could take place as part of proposed reforms to prevent a “total system collapse” of the UK’s courts and tackle a record-high backlog of cases.
Sir Brian Leveson, chairman of the independent review of the criminal courts, has also recommended more cases should be settled out of court as he unveiled plans to shake up the structure of the system and reclassify offences.
The recommendations are part of a bid to cut the backlog where some cases are listed for 2029.
It comes as the crown court backlog in England and Wales passed 75,000 cases for the first time, rising to 76,957 at the end of March.
Sir Brian’s recommendations have been modelled to save approximately 9,000 sitting days in the crown court each year, by diverting cases to magistrates’ courts or to the proposed Crown Court Bench Division for trials to be heard by judges.
Juries would be reserved to hear the most serious cases, and there would be a greater use of cautions to divert more cases away from court.
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Sir Brian said: “It is well recognised that justice delayed is justice denied but the record and rising court backlog means victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial – unable to move on with their lives.
“This situation is simply unacceptable.
“The recommendations I have put forward represent a cohesive package of reforms designed to transform our courts into a system that provides appropriate and fair decision-making.
“It also takes a proportionate approach to trial processes while maintaining the fundamental right to a fair trial.
“These are not small tweaks but fundamental changes that will seek to make the system fit for the 21st century.”
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Either way, offences with a maximum custodial sentence of two years or less, such as possession of drugs, bike theft and voyeurism, could face lower penalties of 12 months imprisonment or less.
Defendants in cases for offences including assault of an emergency worker, stalking and possessing an indecent photograph of a child would also no longer be able to choose a jury trial.
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A new Crown Court Bench Division, made up of two magistrates and a judge would deal with less serious offences, as well as complex cases such as fraud.
Sir Brian also suggested the threshold for criminal damage being dealt with as a summary only offence be increased from £5,000 to £10,000.
The review report published on Wednesday made up the first part of Sir Brian’s recommendations, with a second report focusing on court efficiency expected to be published later this year.
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Justice Secretary Shabana Mahmood said ministers will now consider the recommendations and will respond ahead of legislating changes in the autumn.
The Lord Chancellor said: “I have already lifted courts funding to record levels, funding 4,000 more court sitting days than under my predecessors.
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“But swifter justice requires bold reform, and that is what I asked Sir Brian Leveson to propose.
“As part of our Plan for Change, I will do whatever it takes to bring down the backlog and deliver swifter justice for victims.”
Met Commissioner Sir Mark Rowley said: “As Sir Brian rightly identifies, criminal justice in this country runs the risk of ‘total system collapse’ unless we take the radical steps needed to reverse years of decline.
“It cannot be right that in London more than 100 trials listed are for 2029. This is intolerable for victims and all parties who rely on a properly functioning court system to provide closure from what are often traumatic experiences, made worse by persistent delays.
“I welcome this report and look forward to working with partners across government to deliver the bold reforms that are now a necessity, not an option.”
