Right to jury trial under threat as Leveson asked to carry out ‘once in generation’ review of courts

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Sir Brian Leveson is to lead a “once in a generation” review of the courts system in England and Wales to deal with the spiralling backlog of cases.

Justice secretary Shabana Mahmood has announced that the retired judge, most famous for chairing the inquiry into press standards a decade ago, with the instruction that “no reform is off the table” to deal with the crisis.

It means that the right to a jury trial could be removed from a whole series of offences apart from the most serious and magistrates could be empowered to hand out sentences beyond their current maximum of 12 months.

The review will run alongside a sentencing review being carried out by former justice secretary David Gauke and is expected to report in the spring of 2025.

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The announcement follows revelations in The Independent yesterday about the way that court cases are now facing unacceptably long delays.

The number of delayed murder trials has almost quadrupled in the last decade while victims of rape now have to wait almost a year (48 months0 on average for their attackers to come to court.

In 2021, the Conservatives promised to cut the court backlog by 7,000 cases by March 2025 but on their watch, it actually increased by more than 7,000.

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

Sir Brian will also consider long-term reform to the courts, advising on whether more cases should move from the Crown Courts to magistrates’ courts. This could involve the reclassification of offences, so that certain trials can only be heard in magistrates courts.

It could also include an extension of magistrates’ sentencing powers, building on the extension from six to 12 months announced by the Government in October.

Sir Brian will also be asked to consider the case for a new, “intermediate court” that would sit between the magistrates’ court and the Crown Court.

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While the Government has introduced a range of measures in the last few months 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.

A Labour spokesperson said: “Under the last government, the crown court backlog rose to record high levels. The Tories kept victims of serious, violent crimes waiting for justice. Time and again, we heard the Conservatives blame their record backlog on the pandemic but delays were rising before lockdown and continued afterwards.

“This Labour government is taking the tough decisions to deliver on our plan for change with safer streets. The Tories left prisons overflowing and a record number of cases languishing in the crown court backlog. Justice delayed is justice denied, and this government is committed to ensuring that victims see justice and criminals face the punishment they deserve.”