Justice Secretary and Deputy Prime Minister David Lammy is set to announce a sweeping package of reforms on Tuesday, declaring an end to the "courts emergency" that has left victims waiting years for justice and pushed the system towards collapse.
The Scale of the Crisis
The urgent need for action is underscored by a record-high crown court backlog of more than 78,000 cases, with some trials now scheduled as far away as 2030. Ministers have warned this figure could balloon to 100,000 by 2028 without intervention. The delays have led to a growing number of victims abandoning their pursuit of justice altogether.
"For many victims, justice delayed is often justice denied," Mr Lammy stated. "Some give up on the process, while others have no confidence justice will be served if they report a crime, and perpetrators never held to account. This simply cannot go on – we must be bold."
Key Proposals for a Faster System
The centrepiece of the Government's response involves acting on recommendations made by Sir Brian Leveson in July. The reforms aim to free up crown courts to focus on the most serious crimes. Key measures expected include:
- Diverting a greater number of less serious "either-way" offences away from crown courts to magistrates' courts or a proposed new intermediate court.
- Reserving jury trials primarily for the most serious "indictable-only" offences like murder, rape, and manslaughter.
- Introducing judge-only trials for serious and complex fraud cases, a model observed during a recent ministerial visit to Canada.
Mr Lammy emphasised to The Times that this was not about "scrapping" jury trials, but about saving them by ensuring the system remains functional. He argued that some defendants "play the system" by delaying guilty pleas until the last minute in cases that could be resolved more quickly.
Funding and Fierce Opposition
Alongside structural changes, the Ministry of Justice will pledge £550 million over the next three years to support victims and witnesses. This funding is intended for services like counselling and court preparation, which the late Victims' Commissioner Baroness Newlove deemed critical for keeping victims engaged.
However, proposals to curb jury trials have met significant resistance. The Criminal Bar Association, the Bar Council, and the Law Society of England and Wales have all voiced strong opposition, labelling the potential restrictions an "extreme measure" lacking real evidence of effectiveness.
Shadow Justice Secretary Robert Jenrick accused Mr Lammy of abandoning his principles, stating: "Instead of depriving British citizens of ancient liberties, David Lammy should get his own department in order."
The Road Ahead
With nearly half the backlog comprising violent and sexual offences, the pressure for a solution is immense. The Magistrates' Association has called for more detail on how magistrates' courts will be resourced to handle any increased workload.
While the extra funding for victims has been welcomed by incoming Victims' Commissioner Claire Waxman as a "necessary step," she cautioned it is "not a silver bullet." The success of Lammy's "fast and fair justice plan" will ultimately depend on its implementation and its ability to restore public confidence in a system currently under unprecedented strain.
