CILEX raises concerns over court reforms

The recent publication of part two of Sir Brian Leveson’s Independent Review of the Criminal Courts has sparked important discussions regarding the functioning of courts in England and Wales. The emphasis on operational efficiency has prompted a response from the Chartered Institute of Legal Executives (CILEX), which has expressed both acknowledgment of the report's findings and strong reservations about certain proposed changes.

CILEX Director of Policy & Public Affairs Simon Garrod says “Sir Brian Leveson’s report recognises the considerable systemic problems in the criminal justice system and the urgent need to remedy them. The court estate is in a state of disrepair and huge court backlogs persist - the government must take on board his recommendations on the funding needed to train more legal professionals and on sustained investment in the maintenance and repair of court buildings.”

However, CILEX also echoes significant concerns regarding the suggestion to increase the use of remote hearings and the potential over-reliance on artificial intelligence in legal processes. Garrod warns “Whilst it is easy to be seduced by artificial intelligence as a quick and efficient fix, the technology remains untested. When it comes to summaries of disclosure schedules, drafting witness statements, case file summaries and listing, there is a real danger that without proper safeguards we could see grave miscarriages of justice occur through evidential failures or failures to list important cases.”

The implications of remote hearings are also under scrutiny. While they may offer an illusion of efficiency and resource management, CILEX believes they may undermine crucial interactions between defendants and their legal advocates. Garrod notes “Remote hearings might free up court resources and appear more efficient but we run the risk of defendants in criminal proceedings not having adequate opportunity to ask questions of their legal advocates beforehand. This is valuable time when outcomes are explained to clients, changes of plea occur, and probation and bail decisions are discussed. Limiting this vital engagement could prove counterproductive.”

As the discussions on court reforms continue, the feedback from CILEX serves as a timely reminder of the need to balance efficiency with the integrity of the justice system.