Act now to resuscitate our criminal justice system

News

If UK government is serious about resuscitating our criminal justice system, they must now enact a comprehensive, long-term rescue strategy with strong political leadership, sustained investment and a joined-up approach, urges the Law Society of England and Wales.

Sir Brian Leveson has today published part II of his independent review of the criminal courts*, which focuses on how the courts in England and Wales can operate efficiently.

Immediate past president of the Law Society and criminal defence solicitor, Richard Atkinson, said: “Sir Brian’s report demonstrates there is no single fix to bring our criminal justice system back from the brink and ensure swift and fair justice is delivered.

“Sir Brian shows that sustained investment is needed throughout to resuscitate our criminal justice system.

“Successive governments’ neglect and underfunding** of this crucial public service have degraded every element of it, leaving many victims and defendants having to wait until 2030 for justice. Anyone pretending the appalling backlogs can be fixed simply by unproven headline-grabbing measures, such as cutting jury trials or transferring cases from one overburdened court (the Crown Court) to another (the magistrates’ court), is betraying the public.

“There are no corners left to cut. The government must provide sustained investment in our crumbling courts*** and those who work in them, and robust evidence that its reforms will fix the backlogs. We urge the government to respond in full to all of Sir Brian’s recommendations and to show the joined-up leadership our criminal justice system needs to survive this crisis.

“Some short-term gains are possible through reducing demand on the system with increased out-of-court disposals, and we welcome the report’s emphasis on dealing with cases at an early stage.

“We also support its recommendations that the government should take positive steps to help recruit and retain defence solicitors, who are essential to the fairness and efficiency of the criminal justice system.

“We disagree with some recommendations that may compromise the fairness and safety of the justice system, including providing legal advice by video link to people detained in police stations, and remote first court hearings after arrest where people’s liberty is at stake.”

Notes to editors

*See Sir Brian’s independent review of the criminal courts: part two.

**An Institute for Fiscal Studies report on justice spending in England and Wales stated that in 2025/26, real-term day to-day spending by the Ministry of Justice is set to be 14% lower than in 2007/08.

***See our state of the courts report demonstrating the poor state of our court infrastructure.