Criminal court review welcomes reform, but faces critical challenges

The announcement of a once-in-a-generation review of the criminal courts, made today by the Lord Chancellor, has been met with cautious optimism. Matthew Hardcastle, a partner in Kingsley Napley LLP’s Criminal Litigation team, welcomed the review but warned that the proposed reforms should not become a distraction from the urgent need to address the criminal justice system's existing deficiencies.

Hardcastle pointed out that while introducing a new “intermediary court” would represent a step forward, it risks being too late to address the deeper systemic problems. His comparison to building a new ship while the current one is sinking highlights his concern that the criminal courts’ current issues must be resolved before meaningful reforms can take root.

Addressing the review’s proposed changes

The review, led by Sir Brian Leveson, aims to tackle the significant backlog in the criminal courts and speed up the delivery of justice. One of the main proposals includes establishing new “intermediate courts” to hear cases that are too complex for magistrates but do not warrant a full Crown Court hearing. Additionally, there will be a focus on empowering magistrates to handle more serious cases, potentially freeing up Crown Court resources.

Lord Chancellor Shabana Mahmood has prioritised these reforms as part of the government’s ambitious Plan for Change, aimed at ensuring quicker trials for victims and a safer environment for communities. Mahmood highlighted the scale of the crisis inherited by her government, with victims now facing prolonged delays that prevent timely justice, and some cases scheduled for 2027.

Matthew Hardcastle’s perspective on immediate challenges

Matthew Hardcastle cautioned against seeing the review as a quick-fix solution:
“A review of the criminal court system is welcome, but it cannot become a diversion from the issues at hand or the need for immediate support for the criminal justice system. The proposed introduction of an intermediary court is not a simple exercise and is akin to spending time and energy designing a new ship while the current vessel is sinking. It offers a way forward, but it is of little use if the holes in the hull mean that you are sunk before the new ship is seaworthy.”

He further warned that considering the complexities of appeals, rights of audience, and funding for an intermediary court, the review could end up creating as many problems as it aims to solve. He urged that sustainable reform would require more than just the new proposals and must address the existing issues that are currently overwhelming the system.

A growing backlog amplifies the urgency

The review comes at a time when the Crown Court backlog has reached a record high of 73,105 outstanding cases, almost double the pre-pandemic levels of 38,000. These delays result in victims having to wait approximately a year for resolution, and in cases such as sexual offences, victims are now waiting over two years.

Lord Chancellor Shabana Mahmood emphasised the need for “bold, innovative approaches” to reform the system. She said, “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.”

Government and judicial commitment to reform

The review will build upon previous efforts, including the 2001 Review of the Criminal Courts by Lord Justice Auld and the 2015 Efficiency in Criminal Proceedings report by Sir Brian Leveson. These past initiatives laid the foundation for addressing inefficiencies but highlighted that deeper, more systemic reform is still necessary.

Sir Brian Leveson, leading the review, acknowledged the scale of the challenge:
“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.”

A vision for a reformed system

The proposed reforms aim to achieve a comprehensive overhaul that would not only reduce delays and backlogs but also address overcrowded prisons and the rising remand population. By speeding up trials and making better use of technology, the reforms seek to rebuild public confidence in the criminal justice system and reassure victims that their cases will not be subject to long delays.

In conclusion, while the once-in-a-generation review presents a critical opportunity for substantial reform, Matthew Hardcastle’s warnings highlight the necessity of addressing immediate systemic issues. Only by strengthening the current system and ensuring practical, well-funded, and enforceable changes can the reforms deliver justice quickly and effectively, maintaining public trust and safety while addressing the broader challenges that the criminal justice system faces today.