It has long been agreed amongst legal professionals that the criminal justice system is in need of urgent reform. With trials now being listed as far ahead as 2029, it is impossible to ignore the devastating impact this crisis is having on defendants, complainants and witnesses across the country.
Significant backlogs and historic underfunding has resulted in a criminal court system that is simply not fit for purpose. The increasing complexity of criminal law has further added to the problem, with the introduction of phone and computer data significantly impacting the length of trials and the expertise required.
The Ministry of Justice appointed Sir Brian Leveson to conduct an Independent Review of the Criminal Courts and provide recommendations of how we can solve the criminal justice crisis. The first part of Sir Leveson’s report was published on the 8th July 2025 and sets out 45 recommendations.
What are the recommendations?
Amongst other recommendations, Sir Leveson proposed the following:
- Greater investment and use of out of court resolutions and greater use of rehabilitation and health intervention programme, where appropriate.
- Implementation of Out of Court Resolutions alongside restorative justice for low-tier offences such as some thefts, public order offences and drug misuse.
- Allowance of Defendants to elect to be tried by judge alone, subject to the trial judge’s consent.
- Trial by judge alone in serious and complex fraud cases.
- Removal of the right of defendants to elect trial in the Crown Court for offences that carry a maximum sentence of two years or less.
- Maximum reduction for entering a guilty plea increased to 40% if the plea is made at the first available opportunity.
Whilst many of the recommendations attracted comments from legal professionals and organisations, it is the proposed removal of juries that has garnered the most criticism. Juries represent our society and are therefore a fundamental part of our criminal justice system. The diversity and life experience brought to the decision making process through juries cannot be replicated with a single judge. Statistics released by the government in July highlighted the lack of diversity in the judiciary, with only 12% of judges being from an ethnic minority background. This raises serious concerns about the removal of juries in favour of a judge alone, particularly in cases involving defendants from marginalised communities.
Ultimately, while Sir Leveson’s recommendations aim to address urgent systemic pressures, they must be carefully balanced with the rights of defendants and the broader principles that underpin our justice system. I fear that in trying to solve the issue of delays and backlogs, we risk undermining fundamental legal protections. Reforms must not sacrifice fairness for expediency.
Isobel Cattrall is a paralegal working in our highly regarded Serious Crime Defence department.
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