Radical Overhaul Proposed to Tackle Record Court Backlog
A landmark official report has called for thousands of court hearings to be conducted via video link as part of a sweeping set of measures designed to tackle the massive case backlog crippling the justice system. The 730-page review, authored by former senior judge Sir Brian Leveson and published today, contains 135 recommendations aimed at improving the efficiency of criminal courts in England and Wales.
Embracing Remote Justice
Sir Brian's report proposes a significant shift away from the traditional courtroom setting for many proceedings. It suggests that most preliminary hearings and even sentencing hearings should be conducted remotely, with judges, lawyers, and defendants participating via video conference calls. Although full trials should remain in-person events, the report states that police and professional witnesses should attend 'via video link by default'.
'There is scope for a large number of cases to be done remotely,' Sir Brian said. He argued that for certain hearings, judges 'should be able to join remote hearings from their chambers or another appropriate meeting room in the court building, therefore making the hearings fully remote'. The report dismisses concerns that this move would undermine the solemnity of court proceedings, framing it as a necessary adaptation.
Sentencing hearings would only require physical attendance if a victim wishes to read a personal impact statement in court. Furthermore, the report advocates for an expansion of video technology to allow defence lawyers to provide initial legal advice to suspects remotely, rather than having to attend police stations in person.
Technological and Logistical Reforms
The report also champions the use of artificial intelligence tools within the justice system. It recommends that police forces employ AI to 'process evidence, prepare files and assist in police disclosure'. Similarly, the Crown Prosecution Service should integrate this technology into its charging decisions to streamline processes.
On a practical level, one of the more notable proposals is to allow prison vans to use bus lanes. The report identifies traffic congestion as a key reason for defendants arriving late at court, particularly in urban areas where many Crown Courts are located. 'Being able to utilise bus lanes would help to address the journey delays caused due to traffic congestion,' the report states, 'therefore ensuring more defendants arriving at court on time and thus reducing both the need for adjournments and the number of ineffective hearings.' Sir Brian urged the Ministry of Justice to investigate how to permit this 'whilst they are actively transporting prisoners'.
Addressing a System in Crisis
These recommendations come against a backdrop of severe strain on the courts. The backlog in Crown Courts hit 80,000 cases at the end of September and is forecast to reach 100,000 by November next year. Some criminal trials are now being scheduled as far ahead as 2030, highlighting the scale of the crisis.
Other key proposals in the report include:
- Scrapping the requirement for police to redact files before sending them to prosecutors for charging decisions.
- Granting judges new powers to bar lawyers from raising new legal issues at trial that were not discussed in pre-trial hearings.
- Creating a new senior civil service role—the Prime Minister's 'criminal justice adviser'—to oversee reforms.
- Instructing HM Courts and Tribunals Service (HMCTS) to make better use of capacity by moving cases between Crown Courts, even across circuit boundaries, and appointing dedicated case progression officers.
- Subjecting HMCTS to regular inspections by independent watchdogs.
Context and Reaction
This report constitutes the second part of Sir Brian's review. The first part, published six months ago, suggested diverting thousands of cases annually to a new intermediate court with trials heard by a judge and two magistrates instead of a jury. These ideas, along with subsequent proposals from Justice Secretary David Lammy for some judge-only trials, have faced opposition from the legal profession and some MPs.
Sir Brian declined to criticise the government's specific proposals, stating: 'This is entirely a matter for government and Parliament.' Reacting to the report's broader themes, Criminal Bar Association chairman Riel Karmy-Jones KC emphasised that 'investment is needed to reverse the effects of decades of neglect.' The comprehensive set of recommendations now presents the government with a detailed blueprint for modernising a justice system under unprecedented pressure.
