A government-commissioned independent review has recommended the widespread use of remote hearings and the creation of a new prime minister’s criminal justice adviser to tackle the courts backlog in England and Wales. The second part of Sir Brian Leveson’s review focuses on efficiencies achievable without legislation, containing over 130 recommendations aimed at speeding up justice for victims.
Sir Brian Leveson described the pressure on the courts as “at such an unacceptable level” that the system “stands on the brink of collapse”. He noted that victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial. The proposed criminal justice adviser would be a civil servant overseeing courts, prisons, prosecutors and police.
The review recommends that first hearings in magistrates’ courts and preliminary hearings in crown courts should be remote, except for bench trials. Trials should remain in person, but professional witnesses such as police officers should attend remotely by default. Defendants on remand could attend sentencing hearings remotely, except when victim impact statements are delivered.
At a press briefing, Leveson defended his previous recommendation to limit jury trials and introduce “swift courts” with judges sitting with two lay magistrates, though he declined to criticise the government for removing the lay element in its proposal. He stressed the need for swift action, saying “the one thing we do not have is the luxury of great time”.
Richard Atkinson, former president of the Law Society, welcomed sustained investment but expressed concern about recommendations that may compromise fairness, such as legal advice by video link in police stations and remote-first hearings after arrest. Riel Karmy-Jones KC of the Criminal Bar Association commended the report’s forensic detail on chronic underfunding and urged all of government, including the Treasury, to recognise that a functioning justice system underpins economic prosperity and social cohesion.
