Introducing an intermediate tier and reclassifying some cases from triable-either-way to summary only is one of the more controversial ideas currently under consideration by Sir Brian Leveson’s independent review of the criminal courts, which is due to report in ‘late spring’.
It received the backing this week of the Times Crime and Justice Commission, which includes Lord Burnett, Dame Rafferty and Hill, Kingsley Napley partner Sandra Paul and criminal silk Jason Pitter KC, as well as senior police and justice specialists.
However, criminal lawyer George Kampanella, partner at Taylor Rose, said: ‘This approach could do more harm than good.
‘The right to a trial by one’s peers should remain a fundamental pillar of our justice system—a safeguard that must be preserved rather than diminished. The existing provision for trials without a jury in the Crown Court is intentionally reserved as a last resort for exceedingly complex cases where the intricacies simply exceed what a typical jury can reasonably navigate. This is a measured exception rather than standard practice.’
While the proposal might offer swifter justice in certain instances, ‘such reform risks normalising trials without the fundamental safeguard of a jury and should not become the standardised process of our system’.
Law Society president Richard Atkinson said: ‘Our criminal justice needs a whole-system approach, proper funding and resources to tackle court backlogs, reduce the volume of cases and ensure all our services can respond effectively so every single one of us can access swift justice.’
Ministry of Justice figures for October to December 2024, published last month, show the Crown Court backlog has reached a record 74,651 cases.
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