Axes for a testing by jury for a test can be axed for fraud cases and some sexual offenses are being considered by the government under radical reforms Record court backlog.
Proposals unveiled Sir Brian Leaveson One generation described as “the most comprehensive changes of criminal courts”, as he asks for a shake-up that will see some tests heard by a judge and two magistrates in a new division of the Crown Court.
The 380-stage blueprint for commissioning by the government comes in the form of a record 76,957 cases are waiting to be heard in Crown Courts in England and Wales, listed with tests Further as 2029,
Sir Bryan’s recommendations are designed to save 9,000 court seating days each year, include:
- Removing the right to choose a jury trial in cases where the maximum punishment is two years imprisonment
- Construction of a new Crown Court Bench Division (CCBD) in which a judge and two magistrates can hear ‘either’ crimes without a jury
- Defendants encouraged to be convicted on the earliest with maximum reduction in the length of the sentence
- Cases of severe complex fraud hearing by a judge alone
- More cases excluded from court with increasing use of caution
Justice Secretary Shabana Mahmood, who is considering his recommendations, said “whatever he would take the backlog down and take Swift for the victims to give justice”.
The government is expected to respond completely before deciding what changes they make in autumn.
Former High Court Judge Sir Bryan said that without action we risk “total system collapse” and their improvements are not small twice, but fundamental changes to fit the system for the 21st century.
He said, “It is well believed that justice has been denied justice, but records and rising court backlog means that the victims, witnesses and defendants are waiting for months, sometimes years, cases – are unable to move forward with their lives,” he said.
“This situation is only unacceptable. The recommendations I have put forward represent a harmonious package of reforms designed to convert into a system that provides for appropriate and fair decisions.
“It also takes a proportional approach to test processes while maintaining the fundamental right to a fair test.”
Sir Bryan said that the powers of magistrate punishment should remain shaken at the maximum of 12 months.
However, he called the accused defendants with crimes with maximum punishment of two years or less to snatch a trial option in a crown court. It can include those who were accused, taking advantage of the prohibited images of children and the fraud among others.
Instead of creating a new system of intermediate courts, he suggested the construction of a new bench division of the Crown Court, which would see some crimes tried by a judge, flyn by two magistrates.
He said that all cases would be heard by the ‘Bench Division’ with a maximum punishment of three years or less, in which he said, which includes some sexual offenses such as sexual harassment, grooming and incest.
He also said that the defendants should have the option to try to choose by a judge alone if the trial judges agree.
This would be a case for automatically severe and complex fraud tests, which may include levels of legal complexity beyond the understanding of the general public.
He also called for an early guilty petition to increase the maximum reduction in the length of the sentence by 40 percent, so that the defendants could be encouraged to be guilty on the spot as soon as possible.
The Magistrate Association welcomed the proposals and said that it will intensify justice for thousands of people.
National President Mark Beatty said: “We urge the government to implement Leveson’s recommendations as soon as possible.
However, the Law Society warned that the government should not improve the “cherry pick” from the review as they had called for a continuous investment to bring back the courts from the verge.
President Richard Atkinson said, “The Crown Court’s proposed new division will not solve the Crown Court backlog.”
“The government must have reduced our historical jury system without any effect.
“There is only a chance of success in investment throughout the system – when a criminal prosecution begins at the police station, and a crown in all stages before the court case.”
The aggrieved commissioner Barona Newulov echoed the call to properly fund the reforms.
“The victims require a justice system that works – not in the principle, but in practice,” he said.
“This review provides the best chance in a generation to fix it. The government should seize that opportunity without delay.”
Metropolitan Police Commissioner Sir Mark Rowley agreed that there is a risk of “total system collapse” without radical steps for years of decline.
He said: “It may not be correct that more than 100 tests listed in London are for 2029. It is unbearable for the victims and all parties, who rely on a properly working court system, often shutting down from painful experiences, which are constantly worse.
“I welcome this report and look forward to working with the government partners to distribute the adventure reforms that are now a need, not an option.”