Issued by: Ministry of Justice

Victims of crimes will see the perpetrators face justice more quickly under a once-in-a-generation review of criminal courts, the Lord Chancellor announced today (12 December).

• Once in a generation reform to speed up justice for victims and keep streets safe

• Part of the plan for change, the independent review of criminal courts will be led by Sir Brian Leveson

• Backlog at record levels, new statistics show

As newly released statistics show the Crown Court backlog has reached a record high, the review will look at what more can be done to make sure criminals have their day in court, without delay, get the punishment they deserve, and keep our streets safe.

The review – led by Sir Brian Leveson – will 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.

Sir Brian will also be 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. By reclassifying some offences and extending magistrates’ sentencing powers, certain trials could move to magistrates’ courts. This would build on the decision to allow magistrates to hand out custodial sentences for up to 12 months announced earlier in the year.

It 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. This increase means more victims are facing unprecedented waits for justice, with some trials now being listed for 2027. Victims wait around a year on average for their case to be resolved; for rape victims it’s over two years.

Lord Chancellor and Justice Secretary, Shabana Mahmood, said:

"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.

"To deliver the government’s bold Plan for Change and make our streets safer, we require once-in-a-generation reform of a courts system stretched to breaking point.

"In many cases, victims are waiting years to see their perpetrator put before a judge, and we know for many victims, justice delayed is as good as justice denied.

"We owe it to victims to find bold, innovative approaches that will speed up justice, deliver safer streets and send a clear message to criminals that they will quickly face the consequences of their actions."

The review will build on previous reviews, such as the 2001 Review of the Criminal Courts in England and Wales by Lord Justice Auld and the 2015 report into Efficiency in Criminal Proceedings by Sir Brian Leveson.

It is expected to report back with initial recommendations by Spring 2025.

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.

"A challenge of this scale requires innovative solutions and I look forward to making my recommendations to the Lord Chancellor in due course."

While the government has taken action to reduce pressure on the courts system, these figures show the scale of the challenge. Even if the Crown Court were to operate at maximum capacity, the backlog would continue to grow. Bold, innovative reforms are therefore the necessary solution.

The reforms being looked at will not only make sure victims get the justice they deserve, but will also relieve pressure on the prison estate and drive down the record remand population.

The plans form part of the government’s commitment to safer streets by reducing the courts backlog, speeding up trials for victims, and rebuilding public confidence in the criminal justice system.

Further information

• The review will be led by Sir Brian Leveson, a former High Court Judge and a previous President of the Queen’s Bench Division

• In October the government doubled sentencing powers (https://www.gov.uk/government/news/increased-sentencing-powers-for-magistrates-to-address-prisons-crisis) for magistrates’ courts in order to divert 2,000 cases away from the Crown Court and to ease pressure on the remand population in our prisons

• The Lord Chancellor also increased the number of sitting days agreed by the previous government, from 106,000 to 106,500

• Fees for criminal legal aid work in police stations and youth courts have been increased (https://www.gov.uk/government/news/24-million-boost-for-criminal-legal-aid-to-support-most-vulnerable) by £24 million

• The government also announced its intention to consult on an increase to civil legal aid fees (https://www.gov.uk/government/news/historic-increase-in-legal-aid-to-support-most-vulnerable) for housing and immigration cases

• The government conducted an external audit on our Criminal Courts data, which has been published for the first time today since March. You can find the updated statistics (https://www.gov.uk/government/statistics/criminal-court-statistics-quarterly-july-to-september-2024).

• Sir Brian Leveson will continue as normal in his role at the Investigatory Powers Commissioner’s Office

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