Delays in the criminal justice system are scandalous. The 2006 case of Picton made clear that failing to deal with cases expeditiously brings the criminal justice system into disrepute. That principle has since been embedded into the Criminal Procedure Rules and Criminal Practice Directions, yet today we find ourselves facing a crisis so deep that drastic proposals for reform—led by Sir Brian Leveson—are under active consideration and could be a major part of the governments legislative agenda throughout the rest of the year.
How Did We Get Here?
There is no simple answer. But what’s certain is that the Covid-19 pandemic significantly worsened an already fragile system. Most practitioners would agree that we haven’t recovered from the emergency measures introduced in 2020, haunting Crown Court trials for months and then having a reduced capacity thereafter.
There are also persistent problems with case preparation, especially around disclosure obligations. Some parts of the criminal justice system are struggling to meet their duties. As a result, trials are being adjourned or dropped entirely. Every adjournment adds to the backlog, compounding the issue further. I recently had a trial where there was insufficient court space which was put back for over 18 months despite all parties being trial ready.
Another major cause is the chronic delay from a lack of Judges and Courtrooms to hear the cases and lawyers to present it. Over the past two or three years, the number of sitting days has dropped significantly, reducing the opportunity to call cases on. In parallel, morale is low among criminal lawyers who are taking on more and more in an attempt to ensure cases are still getting heard. Poor pay and working conditions have led to less people working in the profession. The Junior Bar is shrinking leaving a void now but a bigger problem coming down the line when those who retire from the Bar need replacing, and the Solicitors Regulation Authority’s new qualification route (SQE), with its low pass rate, may only worsen the recruitment rates.
What Isn’t Being Discussed?
After nearly 20 years in Criminal Defence, I’ve handled countless police station cases. With modern technology and the explosion of social media, investigations now often involve huge volumes of digital evidence which needs to be reviewed, but this in turn has created extensive delays in charging decisions.
As someone who specialises in Rape and Serious Sexual Offence cases, I am routinely required to advise clients that a decision within 12 months is quick. Some remain on police bail or Released Under Investigation (RUI) for over two years. The mental health impact and day-to-day disruption this causes is, for many, overwhelming. And yet no one seems to be asking: Why does it take so long to charge someone? Not even Sir Brian Leveson’s report addresses this crucial question.
There’s much concern about trials listed in London Crown Courts for 2029, but little acknowledgment that those cases may have already languished in the investigation stage for years.
The Human Cost of Delay
Delays damage everyone in the system—complainants, witnesses, and defendants alike. As time passes, memories fade, evidence weakens, and witness enthusiasm to come to court often disappears. Some complainants simply stop engaging. Others, especially defendants, suffer immense stress and life disruption. This doesn’t just effect those who are accused but also their families
Delays can also create injustice in sentencing in my opinion. Imagine someone who commits an offence in 2025, turns their life around by 2029 when their trial is heard, but is then imprisoned should they be convicted. This undermines the principle of rehabilitation which is a fundamental part of any sentencing and turns punishment into a retrospective act sometimes long after people have changed their ways.
Leveson’s Proposed Reforms
Sir Brian Leveson has recommended sweeping changes to cut the backlog. Some of the key proposals include:
- A reclassification of certain offences
- The creation of a new division of the Crown Court with two magistrates and a judge to handle “less serious offences”, which would include some theft, burglary, and fraud offences
- Greater use of out of court resolutions – which would allow the police to deal quickly with lower level, often first time offending – including increased use of cautions and conditional cautions
- Removal of the right to elect trial in cases where the maximum sentence is two years’ imprisonment with reclassification of some offences to “summary only” (meaning they will only be heard in a magistrates’ court)
- The threshold for criminal damage being dealt with as a summary only offence to be increased from £5,000 to £10,000.
- Maximum sentence reduction increased to 40% for guilty pleas at first opportunity, encouraging quicker case resolution
- Judge-alone trials introduced either by election on the part of the defendant or for the most complex cases
While some of these reforms may help, others raise serious concerns. Removing jury trials for offences like dangerous driving or harassment risks undermining a cornerstone of our legal system: being judged by a jury of one’s peers who have experienced “real life.” A jury is a true cross section of society made up of people from all walk of life. There is still criticism that the judiciary is still lacking in diversity, not an accusation that could never be labelled at a randomly compiled jury.
Speed must not come at the cost of fairness. Trial by jury is a democratic safeguard, especially in cases involving nuanced or contested allegations.
The proposed increase in credit for early guilty pleas may reduce custodial sentences and promote swifter resolutions, but without sentencing guideline reform, its impact on many cases, for example drug supply offences, will be minimal.
What’s Missing?
Crucial questions remain unanswered. How will these reforms be funded? Where will the infrastructure and personnel come from to support them? And, most critically, how do we reduce delays in police investigations?
Until these structural issues are addressed, it’s hard to see how any reforms will bring meaningful, lasting change. If these changes are implemented I am confident the Criminal Justice System will never return to its pre-reform ways.
