Sir Brian Leveson leading ‘once-in-a-generation’ review into criminal courts

Sir Brian Leveson, the man who led the public inquiry into the British press in the wake of the News of the World phone hacking scandal, is to lead a “once-in-a-generation’ review.

The retired judge has been chosen to review the criminal courts, at a time when data revealed backlogs have reached a record high.

The Ministry of Justice (MoJ) announced that Sir Brian will lead an independent review of criminal courts..

Sir Brian has been asked to consider the case for new ‘intermediate courts’ where cases too serious for Magistrates’ Courts but not serious enough for the Crown Court could be heard by a judge, flanked by Magistrates.

He has also been asked to consider whether Magistrates should be empowered to look at more cases, freeing up capacity in the Crown Court to consider the more complex, serious crimes.

Sir Brian will also look at where technology can be used to drive efficiencies and improve how the Crown Court functions.

The review comes as statistics published today show the outstanding Crown Court caseload has now risen to 73,105, nearly double the 38,000 seen before the pandemic.

While some trials are now listed for 2027, victims wait around a year on average for their case to be resolved, but for rape victims, it’s over two years.

The review will build on previous reviews, such as the 2001 Review by Lord Justice Auld and the 2015 report by Sir Brian Leveson.

It is expected the new report will be back with initial recommendations by Spring 2025.

Commenting on the report, Sir Brian Leveson said: “I am pleased to contribute to the important task of seeking to address the very real difficulties facing the criminal justice system.”

Shabana Mahmood, Lord Chancellor and Justice Secretary, noted “the scale of the Crown Court crisis inherited by this Government is unprecedented. Despite the efforts of judges, lawyers and court staff, we simply cannot continue with the status quo.”

While Mary Prior KC, chair of the Criminal Bar Association, stated that the new data reflected “the sorry state of the delays within the criminal justice system.”

“The announcement of yet another independent review of the justice system should include what that will cost from the limited justice budget and a clear understanding that it will not fix the current problems for the victims of crime, those accused of crime and the horrific delays in the Crown Court,” she added.

Sam Townend KC, chair of the Bar Council, added “the courts crisis, illustrated by the latest figures, is the result of decades of cuts and a severe lack of investment. To address the multitude of challenges, we need some new solutions, but additional funding is also desperately needed.”

This comes after the the Chancellor revealed in her Budget that she allocated £2.3bn investment into prison expansion to create thousands of new places, as the government aims to “repair the justice system”.