Andy Slaughter

The background to this debate is well known. Against that background of a historically high and growing backlog of cases in the Crown court provoked by the previous Government, the former Lord Chancellor commissioned Sir Brian Leveson to undertake an independent review of the criminal courts with the aim of bringing the backlog down. Part 1 of the review was published in July 2025, and suggests structural and policy changes. Sir Brian made 45 recommendations, a few of which concerned changes in mode of trial; those have become the main issue of contention, because they restrict the right to jury trial. The policy changes proposed came first because some require primary legislation, but in a matter of weeks we will also have part 2, which will look at greater efficiency in the Crown court and may be less contentious. Sir Brian makes clear that all the recommendations and both parts of his report are a package, not a pick-and-mix selection. That is because he believes that the crisis in the Crown court, with trials for serious offences waiting three or four years to be heard, is so severe that every lever must be pulled to control and then reduce it, and in that he is surely right. Moreover, this is not a short-term problem. Changes in the complexity and detail of criminal cases mean that longer and more legally and factually difficult trials are here to stay. For that reason, Sir Brian does not recommend that changes should be temporary or curtailed, for example by a sunset clause, in any legislation. So what happens now? First, we must have Sir Brian’s full report to consider, and, as I have said, part 2 is due imminently. Secondly, we must have the Government’s response to the report, saying which recommendations they accept entirely or in part and which they reject. Then will come the Bill putting necessary recommendations into law and accompanied, we are told, by an impact assessment giving greater statistical colour to the effect of the proposals on the backlog.