Deputy Prime Minister and Secretary of State for Justice David Lammy has announced plans to modernise the criminal courts and cut delays, in reforms he said would deliver ‘swift and fair’ justice for victims.
But the Law Society of England and Wales says the proposals ‘erode the right to be judged by our own peers’ and are a ‘dramatic departure of our shared values’.
The plans centre around a new judge-only fast-track court, which will see cases with a likely sentence of three years or less heard by a judge alone. The most serious and almost all indictable offences – including rape, murder, aggravated burglary, blackmail, people trafficking, grievious bodily harm and the most serious drug offences – will be guaranteed to receive a jury trial.
Fraud and financial offences, however, will be heard by a lone judge, which the government says will free up jurors from hearing ‘particularly burdensome’ cases.
Around a quarter of cases that would otherwise have to wait to be heard by a jury will be fast-tracked to go before a judge, which the government says will free up trials for violent and sexual offences to spare lengthy waits for victims, who often have to face their perpetrators in court.
“The reforms are set against a record backlog of cases needing to go in front of a judge, with tens of thousands of victims waiting for justice, and the caseload set to hit 100,000 by 2028 – each case representing a victim waiting potentially years to see their perpetrator held to account and to move forward with their lives,” the government said.
But the Law Society has condemned the measures, saying they go too far in eroding our fundamental right to be judged by a jury of our own peers.
“Allowing a single judge, operating in an under-resourced system, to decide guilt in a serious and potentially life-changing case is a dramatic departure from our shared values,” said Law Society vice president Brett Dixon.
“The government cannot justify stripping away this fundamental right without publishing clear evidence that putting more cases in the hands of a single judge will tackle the horrendous backlogs in our courts.”
Less than half of victims are confident they will get justice, according to the latest Victims Survey, with some facing waits of up to three or four years. Last year, over 10% of adult rape cases are stopped because the victims withdrew. Handing courts the power to decide where cases are heard will also prevent criminals to tormenting victims in court, the government said.
“This government inherited a justice system in crisis – victims are waiting far too long to get their case to court, and even more are being let down by a system that allows nefarious defendants to try and game the system,” Lammy said.
“The crumbling system we inherited has resulted in a Crown Court backlog of nearly 80,000 and rising. Justice delayed is justice denied.
“This is not acceptable. Today I have set out a bold blueprint for a modern justice system that works for – not against – victims – one that is faster, fairer and finally capable of giving brave survivors of crime the justice they deserve.
“These reforms are bold and it will take time to turn the tide on the rising backlog, but these measures are necessary to tackle the emergency in our courts. We are putting victims before tradition for tradition’s sake and fairness before those who want to game the system.”
The plans will also give magistrates the power to hand down sentences of up to 18 months, allowing them to hear more cases and freeing up Crown Court for the most serious offences.
David Ford is national chair of the Magistrates’ Association. He welcomed the plans to move some cases to the magistrates’ courts, saying it will help ‘make a huge dent’ in the backlog of serious cases in the Crown Court.
“We have long called for radical action to deal with a justice system in crisis,” he said.
“The Crown Court backlog is now so acute that some cases are being scheduled to start in 2029, and every day that a case is not heard, is intolerable anguish and uncertainty for victims, witnesses and defendants.”
A £550 million investment into support services has also been promised, going directly to specialist services that offer practical and emotional support to victims and witnesses.
Criminal legal aid advocates will also receive a funding increase of up to £34 million every year, in addition to the £92 billion confirmed from criminal solicitors earlier this week.
“I’ve seen first-hand how the delays we’ve inherited have had real-world impacts on victims who end up feeling paralysed and re-traumatised as their cases drag on,” said Minister for Courts and Legal Services Sarah Sackman KC.
“We’ve already invested record amounts but it’s clear that money alone is not enough. This reform is vital to ensuring that victims are able to move forward with their lives.”
