Review to consider scrapping some jury trials to tackle court backlogs

Reading time: two minutes

A review by High Court Judge Sir Brian Leveson could mean that jury trials are overhauled for some criminal cases and replaced by the creation of “intermediate courts”. The proposed change, which aims to speed up the trial process to tackle record-high court backlogs, would apply to criminal cases deemed too serious for magistrates’ courts but not serious enough for the crown court.

As of the end of September 2024, the crown court backlog stood at 73,105 – a 3% increase on the previous quarter and a 10% increase on September 2023. Meanwhile, the magistrates’ court backlog increased to 333,349, a 22% increase on the previous quarter.

The review, which was announced on Thursday, will also consider how technology can drive efficiencies and whether magistrates should be asked to look at more cases. The Ministry of Justice (MoJ) said that this could be done by reclassifying some offences and further extending magistrates’ sentencing powers. Earlier this year, the sentencing powers of magistrates were expanded, allowing them to impose sentences of up to 12 months, doubling the previous limit of six months.

However, the MoJ has warned that, even if the crown court were to operate at maximum capacity, the backlog would continue to grow. Mark Beattie, the national chair of the Magistrates’ Association, which represents 11,500 magistrates, said: “Criminal justice has been underfunded for at least the last decade, so for the review to achieve its aims, it must be supported by a long-term, sustainable and considered investment in the whole criminal justice system, from prisons to the courts, probation and legal aid. This review is another useful piece in the justice jigsaw, but there is still more to do.”

President of the Law Society, Richard Atkinson, agreed that the review is a “step in the right direction” but stressed that the implementation of intermediate courts isn’t a “silver bullet to solve the backlogs”. He also highlighted the need for more funding and stated that: “Any review must also aim for effective and fair justice, not just efficiency. Removing appeal rights and eroding the fundamental right of jury trial by your peers for serious offences are major constitutional changes which require careful consideration.”

Justice Secretary Shabana Mahmood added: “To deliver the government’s bold plan for change and make our streets safer, we require once-in-a-generation reform of a courts system stretched to breaking point. In many cases, victims are waiting years to see their perpetrator put before a judge, and we know for many victims, justice delayed is as good as justice denied.”

Leveson is expected to report back with initial recommendations by spring 2025.