Government must not cherry-pick ideas

Sir Brian Leveson has today published the first report of his Independent Review of the Criminal Courts, shedding light on the longstanding issues plaguing the criminal justice system. The Law Society of England and Wales has reacted strongly to the findings, calling for sustained investment across the sector to ensure that any reforms will be effective. Law Society president Richard Atkinson remarked “This root and branch review shines a light on how decades of neglect of the criminal justice system mean this vital service is failing the public. Justice delayed is justice denied.”

Atkinson stressed the need for comprehensive funding, emphasising that “the report clearly demonstrates the entire system needs funding and how the recommendations outlined are an opportunity to prevent full system collapse and in the longer term bring the justice system back onto a sustainable footing.” He added that merely setting up a new division of the Crown Court would not adequately address the existing backlog. His assertion was clear: “The proposed new division of the Crown Court on its own will not solve the Crown Court backlog. The government would have undermined our historic jury system for no effect.”

The Law Society has highlighted that only with significant investment across the entire system—starting from the police station and throughout all stages prior to a Crown Court case—can any hopes of mitigating the backlog be realised. “Without sustained long-term investment in the system dealing with both demand on the courts and the capacity of the courts, the government will simply be shifting the Crown Court backlog to the Magistrates’ Court backlog and creating another backlog in the new division,” Atkinson warned.

In his review, Leveson acknowledged the important role of solicitors in providing early legal advice, which helps divert less serious cases away from the courts. However, Atkinson pointed out that “this will need additional investment in legal aid on top of the recent uplift, given decades of underfunding.”

The Law Society insists that the recommended measures must undergo consistent review, underpinned by thorough data collection to ensure that any reforms, including contentious changes like the potential loss of jury trials, are both effective and maintain public trust. “If the government cherry-picks the recommendations, they will be denying justice to our communities,” Atkinson cautioned. He concluded with a reminder that “public confidence in the rule of law is strengthened by a functioning criminal justice system which can deliver swift justice for all,” a sentiment that hangs heavily over the future of the UK’s criminal courts.