CILEX president highlights court system issues

In a pressing commentary on the state of the UK’s criminal courts, CILEX president Yanthé Richardson has shed light on the urgent reforms needed to address the ongoing crisis. Richardson noted that “this report offers much-needed solutions” aimed at providing swifter resolutions for crime victims. However, she also expressed concerns regarding the implications of these reforms on magistrates’ courts and overall access to justice.

Richardson raised significant issues that are likely to arise. She warned that "removing the right to elect to have a Crown Court trial for certain offences will simply shift many of the issues we are currently seeing in the Crown Court to the magistrates’ court." This transition could overwhelm magistrates’ courts, which may not have the necessary resources to handle the increased caseload.

Another critical announcement was the establishment of a new division of the Crown Court, which she asserted “will take magistrates away from the lower courts at a time of increased workload.” In addition, granting the new intermediate courts the same sentencing powers as the Crown Court raises the potential for sentence inflation, while the removal of the automatic right to appeal from magistrates threatens to undermine access to justice.

Richardson cautioned that without appropriate measures, defendants might find themselves unable to appeal due to the costs associated with applying for permission, unless fee relief is implemented. This has the potential to diminish the fairness of the judicial process.

Furthermore, she expressed concern about the implications of making sentencing indications a mandatory practice. “We do not want to see them become mandatory as this would inevitably prompt a large number of guilty pleas for lower sentences, even in cases of innocence.” While out-of-court resolutions are seen as a positive step, she emphasised the necessity for defendants to have access to appropriate legal advice to prevent negative long-term consequences from accepting lesser sentences without fully understanding their implications.