More than 150 offences – such as sexual grooming, child abduction or causing death by careless driving – would no longer be tried by a jury under a major proposal
People charged with more serious crimes could lose their automatic right to a trial by jury under major proposals to overhaul the courts system.
More than 150 offences – such as sexual grooming, child abduction or causing death by careless driving – would be tried in a new courts division, with two magistrates and a judge, instead of in front of a jury. The new ‘Crown Court (Bench Division)’, which could reduce the time of a hearing by at least 20%, would mark the most dramatic shake-up of criminal courts in a generation.
The change is proposed in a landmark review of the courts, which has been published today. In his almost 400-page review, Sir Brian Leveson laid out a system in deep crisis, which is leaving victims, witnesses and defendants waiting years for their cases to go to trial.
He warned it could not be fixed with more money or court sitting days, writing: “The system is too broken. A radical and essential package of measures is therefore required to prevent total collapse of the system.”
He said the increasing complexity of criminal law, including the emergence of DNA and mobile phone evidence, the Covid pandemic, and strike action by barristers were all among reasons for its deterioration.
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Currently offenders facing shorter sentences for cases known as “summary offences” are tried by a magistrate, without a jury, while the Crown court handles more serious cases. Almost 77,000 cases are currently waiting on the Crown courts backlog, with some being listed as far away as 2029.
To slash the backlog, Sir Brian recommended some 32 offences, including possession of some class B and class C drugs and vehicle theft, be reclassified as “summary offences” and face lower penalties. He also wants more cases to be settled outside of court, with an increased use of cautions.
And he said offenders should get up to 40% knocked off their sentence for a guilty plea – up from the maximum of a third currently – to speed up case resolutions.
Sir Brian also recommended that complicated fraud and money laundering trials be heard by a judge only, to stop a jury having to decide a verdict on a topic they might not understand. But he said work was ongoing to improve diversity among magistrates, who are also members of the public – not legally trained – and work in the courts on a voluntary basis.
Speaking to reporters, the former senior judge said he does not “rejoice” in the recommendations, but added: “I do believe that they are absolutely essential if we are to prevent our system from collapse.”
Courts minister Sarah Sackman has previously backed plans to establish a new division in the court, where offences would be tried without a jury.
Justice Secretary Shabana Mahmood is actively considering all the measures, including the reduction of jury trials. She is expected to comb through the policy in detail, considering each offence on a case-by-case basis to assess whether they could be tried without a jury, before making any decisions.
Ms Mahmood said today “swifter justice requires bold reform”, adding: “I will do whatever it takes to bring down the backlog and deliver swifter justice for victims.”
Baroness Newlove, Victims’ Commissioner for England and Wales, said: “This Review rightly recognises the scale of the challenge. It sets out bold, radical proposals to overhaul our criminal courts and bring them back from the brink, and deliver swifter justice for victims. I welcome this, though not without reservation. For many victims, plans to increase sentence discounts for guilty pleas and expand out-of-court disposals will feel like justice being diluted once again.”
Law Society president Richard Atkinson: “This root and branch review shines a light on how decades of neglect of the criminal justice system mean this vital service is failing the public. Justice delayed is justice denied.” He added that the establishment of a new division, without juries, would undermine “our historic jury system” without investment in the system, as a whole.
Mark Beattie, national chair of the Magistrates‘ Association, welcomed the review but said plans needed to be put in place to boost magistrate recruitment and retention, with the number of magistrates likely needing to increase by more than a third if a new division is implemented.
“Magistrates are ready and willing to support these and other initiatives aimed at reducing the pressure on crown courts,” he said. “We urge the government to implement Leveson’s recommendations as soon as possible. Every day that they aren’t in place, is a day when victims, witnesses and defendants have to wait for justice.”
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