Independent review of the criminal courts call for evidence – Law Society response

11 Feb 2025

2 minutes read

We’ve responded to Sir Brian Leveson's call for evidence for the independent review of the criminal courts.

We welcome the independent review of the criminal courts.

The system must become more efficient and effective to:

address the backlogs in both the Crown Court and the magistrates’ courts
restore the criminal justice system as an essential public service

We call for the funding cuts from the last decade and a half to be reversed to ensure access to justice and a good service for all court users.

This funding should be spent on repairing existing court systems rather than creating new ones.

We’ve also highlighted some measures which could reduce demand on the system and make it more efficient, such as:

some offenders being diverted from the criminal justice system
better data sharing
more remote hearings
regular listing meetings

Our president, Richard Atkinson said “We hope this review will lead to meaningful public debate about what society expects of the criminal justice system and, importantly, how to properly resource it.”

The proposals

Transfer of cases from the Crown Court to the magistrates' court

A significant transfer of cases is not a viable solution to the backlogs.

The magistrates’ courts do not have extra capacity to take deal with an increase in volume of cases, it would simply transfer the problems elsewhere.

Creating an intermediate court level between the magistrates’ courts and the Crown Court is not a viable solution to the backlogs.

It would require significant time and other resources which would be better invested in the existing court structure. For example, there are not enough current court staff to deploy to a new court.

Physical court capacity

Court closures and court disrepair have resulted in fewer operational courts. This has had a considerable impact on access to justice and backlogs.

Immediate funding is needed for repairs to keep courts open.

Court staff

We support HM Courts and Tribunals Services' (HMCTS) significant recruitment drive for legal advisers, but the recent announced reduction of sittings has further enhanced our concerns about the management of the backlogs.

HMCTS and the Ministry of Justice (MoJ) need to fund and implement a plan to make sure there are enough court staff to match courtroom capacity, so we can make the most of sitting days.

This should focus as much on retention as on recruiting new staff.

A sustainable criminal justice workforce

A functioning criminal justice system that provides access to justice for all requires accessible legal representation.

Being a criminal duty solicitor must be a viable career if we are to rebuild the number of people providing this service.

Legal aid

We welcome the government’s plans to increase criminal legal aid rates, but further progress is needed to deliver a sustainable future.

The government should commit to regular reviews of criminal legal aid funding once the minimum levels have been achieved.

Restricting the number of cases entering the system

To reduce the backlogs in the short-term, consideration must be given to restricting the number of cases going into the system.

Some offenders, where appropriate, could be diverted away from the criminal justice system, such as those who are first-time offenders and those suffering mental ill-health or addiction issues.

Management of cases already in the system

Courts should make full use of technology, adopting a consistent approach to remote hearings.

Certain courts have adopted fortnightly listing meetings with a collaborative approach between the bar, defence solicitors, the Crown Prosecution Service and the police.

Similar plans should be adopted across all Crown Courts.