Government must not cherry-pick ideas from criminal court backlog report

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Sir Brian Leveson has today (9 July) published the first report of his Independent Review of the Criminal Courts.

The Law Society of England and Wales is calling for sustained investment across the criminal justice system in order for reforms to succeed.

“This root and branch review shines a light on how decades of neglect of the criminal justice system mean this vital service is failing the public. Justice delayed is justice denied,” said Law Society president Richard Atkinson.

“The report clearly demonstrates the entire system needs funding and how the recommendations outlined are an opportunity to prevent full system collapse and in the longer term bring the justice system back onto a sustainable footing.

“The proposed new division of the Crown Court on its own will not solve the Crown Court backlog. The government would have undermined our historic jury system for no effect. Only investment in the whole system has any chance of success – from when a criminal prosecution starts in the police station, and at all stages before a Crown Court case.

“Without sustained long-term investment in the system dealing with both demand on the courts and the capacity of the courts, the government will simply be shifting the Crown Court backlog to the magistrates’ court backlog and creating another backlog in the new division.

“We are pleased that Sir Brian recognises the central role of solicitors in providing vital, early legal advice so the right cases are diverted away from courts, leaving capacity to deal with more serious offences. But this will need additional investment in legal aid on top of the recent uplift, given decades of underfunding.

“The recommended measures must be kept under review with thorough data collection to show that radical reform, including the loss of jury trials, is working and worth it, and that public trust in the system is not diminished. If the government cherry-picks the recommendations, they will be denying justice to our communities.

“Public confidence in the rule of law is strengthened by a functioning criminal justice system which can deliver swift justice for all.”

Notes to editors

See Sir Brian Leveson's report.

The Crown Court backlog reached 76,957 by the end of March 2025 and the magistrates’ court backlog reached 310,304. View the statistics.

See our response to the Independent Review of the Criminal Courts call for evidence.