A review into failings in the criminal justice system has identified ‘chronic underfunding at every step’ and identified more than 130 measures the government could take to improve efficiency.
The much-anticipated Part 2 of the Leveson report focuses on operational and efficiency measures, confirming there is no direct route to reform within the justice system. The report calls for more collaboration, minimising waste and greater use of technology across the system. This builds on Leveson’s first report which looked at structural issues and reform to the criminal courts, including controversial proposals to curb jury trials.
Part 2 takes a broader view and suggests multiple principles that can lead to a better functioning justice system. He has urged ministers not to take a ‘pick and mix’ approach to reforms, suggesting that only wholesale review can help a system which is now ‘on the brink of collapse’. Victims and those accused of crimes are now being told their trial dates could be in 2030, as the court backlog is expected to reach 100,000 cases by November next year.
The report recommends greater use of technology and remote participation at police stations and in the courts – with remote participation becoming the ‘default position’ for preliminary hearings amidst routine failures in transporting prisoners to courts on time.
Additionally, the report highlights the need to invest in the workforce and to tackle recruitment challenges resulting from pay disparity, poor career pathways and lack of flexibility. Increasing recruitment of magistrates and fee-paid judges and looking at Legal Aid fees should all be considered.
Richard Atkinson, former Law Society president, agreed that ‘there is no single fix to bring our criminal justice system back from the brink and ensure swift and fair justice is delivered.’
The Magistrates Association broadly welcomed the recommendations while also raising a few concerns. David Ford, the National Chair, is skeptical about encouraging the incorporation of AI, claiming the history of integrating technology within the justice system to ‘not be a happy one.’
Riel Karmy Jones KC and Andrew Thomas KC, chair and vice-chair of the Criminal Bar Association, commended Sir Brian on the report and emphasised that the government ‘must recognise that a properly functioning criminal justice system underpins the economic prosperity and social cohesion’ pledged to society.