Court system at 'brink of collapse', former senior judge warns

Court system at 'brink of collapse', former senior judge warns

The justice system in England and Wales is facing an unprecedented crisis, with trial backlogs reaching levels that threaten its very stability. Sir Brian Leveson, a respected retired senior judge who has led a comprehensive review, described the court system as being “on the brink of collapse.” His warnings were directed at government officials, the police, and legal institutions, emphasizing that a fragmented or selective approach to fixing the problem would be ineffective.

In a detailed, two-stage review, Sir Brian previously suggested significant reforms such as limiting the right to a jury trial and having many less serious offenses decided solely by judges. His most recent and conclusive report includes 130 recommendations aimed at boosting efficiency. These proposals range from minor technical improvements to more innovative ideas, including allowing prison transport vans to use bus lanes to ensure defendants arrive at court on time. The goal of these measures is to address the explosive growth of case backlogs—exacerbated by cuts to court funding, a decline in qualified legal professionals, and the pandemic’s impact on the justice system.

Current figures underline the severity of the situation: as of last September, nearly 80,000 cases were waiting for Crown Court trials, double what was recorded before the COVID-19 pandemic. Projections suggest this number could approach 100,000 by late next year, with some defendants being told they might not have their cases heard until 2030. This delay has caused frustration among victims, some of whom have lost faith in the system and have opted out of court proceedings entirely. The root causes include long-standing budget cuts during the 2010s, an exodus of criminal lawyers due to poor pay, and a surge in prosecutions resulting from increased police recruitment.

Sir Brian stressed that these issues cannot be resolved through partial measures and called for a united, rapid response from all agencies involved. “I have never seen pressure on the courts at such an unacceptable level,” he said. His report covers a wide array of efficiency improvements: from expanding video remote hearings and trimming the police’s administrative workload to adopting artificial intelligence for case management and making better use of idle courtrooms. He also proposed appointing a dedicated criminal justice adviser within the government to coordinate reforms across courts, prisons, prosecutorial services, and the police.

Despite the thoroughness of the recommendations, the Criminal Bar Association has voiced strong opposition to scaling back jury trials. They contend that this constitutional change lacks evidence as a solution to the current backlog and emphasize proven successes from local, regional efforts that have reduced delays. Leaders from the association described Sir Brian’s work as comprehensive, warning that without action from the Ministry of Justice and Treasury, the criminal justice system risks total collapse. Responding to the report, the Deputy Prime Minister and Lord Chancellor acknowledged the importance of improving efficiency alongside broader reforms, highlighting the role of digital technology in modernizing courts and addressing the ongoing challenges faced by victims awaiting justice

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