Radical measures to tackle the “courts emergency” will be unveiled by the government today – with speculation that jury trials could be limited to the most serious of crimes.
Deputy Prime Minister David Lammy will warn that long waiting times have “pushed the justice system to the brink of collapse”.
He says delays have led some victims to give up on the legal process or doubt action will be taken if they report a crime, meaning perpetrators aren’t held to account.
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Laying out Labour’s reforms, Mr Lammy will add: “For many victims, justice delayed is often justice denied … This simply cannot go on – we must be bold.”
The latest figures suggest there is now a record-breaking backlog of 78,000 crown court cases, meaning some trials are not due to begin until 2030. Some estimates indicate this could balloon to 100,000 within the next three years.
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What could be announced?
Over the summer, a former senior judge outlined his recommendations for overhauling the justice system.
Sir Brian Leveson has proposed diverting more offences to magistrates’ courts – and restricting juries to “indictable-only” cases involving murder, rape, and manslaughter.
This could also extend to serious and complex fraud allegations, with judges given greater control over how cases should be handled.
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Mr Lammy, who also serves as justice secretary, has rejected claims that he is planning to scrap jury trials – and instead says he wants to “save” the system.
But the proposal is facing opposition from MPs and legal professionals – with the Law Society of England and Wales describing it as an “extreme measure” that may do little to eliminate the backlog of cases.
Shadow justice secretary Robert Jenrick claims Labour have exacerbated the problem and accused Mr Lammy of abandoning his principles.
He said: “This year alone 21,000 court sitting days have been missed, and the court backlog is up 10% on their watch.
“Instead of depriving British citizens of ancient liberties, David Lammy should get his own department in order.”
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Ministry of Justice figures suggest close to half of cases in the backlog relate to violent and sexual offences, and only about 3% of criminal cases are currently heard by a jury.
‘Not a silver bullet’
Mr Lammy is also set to announce that £550m will be given to victim support services over the next three years to help survivors and witnesses going through the justice process.
Incoming victims’ commissioner Claire Waxman has welcomed the additional funding as a “necessary step” but warned: “The sums pledged are not a silver bullet for the wider crisis facing the sector.”
Other measures are set to include additional sitting days in crown courts, and a match-fund scheme to support young people beginning careers as criminal barristers.
The Magistrates’ Association’s chief executive Tom Franklin said measures that speed up justice for victims, witnesses, and defendants are “worth considering – as long as they balance efficiency with quality of justice”.
