By Gabriel Princewill-
In possibly the most consequential review of the British criminal justice system in a generation, Sir Brian Leveson(pictured) today published Part II of his Independent Review of the Criminal Courts in England and Wales.
The report is set against the backdrop of an unprecedented crisis in courts backlogs, straining judicial resources and threatening fundamental principles of justice.
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This long-anticipated document, commissioned by the justice secretary and spanning over 130 recommendations, proposes sweeping reforms designed to overhaul how criminal cases are processed, significantly reshaping the criminal justice landscape.
The backlog of trials waiting to come to Crown Courts in England and Wales in September 2025 was 79,619 cases, double the level seen before the pandemic, and is on track to hit 100,000 cases by November next year .
At its core, the review confronts a stark reality that the criminal courts are, in Leveson’s words, “on the brink of collapse.”
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A backlog of cases in the Crown Court has ballooned to record high, with some accused and victims waiting years, even until 2030, for their day in court.
Legal professionals, victims’ advocates and government officials alike have pointed to these delays as emblematic of a system unable to keep pace with modern demands.
But while the scale of the problem is broadly accepted across the legal spectrum, the proposed solutions lay bare deep divisions over how to preserve justice while advancing efficiency.
The Leveson report’s recommendations represents a bold and, to some, a controversial agenda for change.
Among the most debated elements are proposals to greatly expand the use of remote hearings and technology, to limit jury trials in many cases traditionally heard with juries, and to introduce new structures and leadership roles designed to coordinate and modernise the criminal process.
These suggestions have sparked intense debate from courts to corridors of power.
Nowhere has the controversy been more pronounced than in proposals to reduce the use of jury trial in many criminal cases — a pillar of the English and Welsh justice system for centuries.
Leveson’s earlier recommendations, which today’s report builds upon, suggested reserving jury trials for the most serious offenses, arguing that judge-only trials or alternative judicial panels could accelerate case throughput.
The extension of this concept has drawn fierce objection from legal professionals and constitutional scholars alike. The Law Society and other commentators argue that scaling back the right to jury trial — especially in “either-way” cases where defendants can traditionally choose a jury — risks undermining public confidence and eroding civil liberties.
They contend that jury removal should not become a default tool for clearing backlogs. Historical and academic voices have been equally critical.
Some commentators stress that trial by jury is not merely a procedural choice but a constitutional safeguard rooted in centuries of legal tradition, integral to community participation in justice and crucial to maintaining trust in decisions of guilt or innocence.
Flawed
Joseph Monson from Mary Monsons Solicitors told The Eye Of Media.Com that whilst many of the recommendations introduced may have the semblance of providing solutions, many are essentially a flawed way of substituting infusing sufficient funds for justice.:’
‘The government has created It is a frustratingly short-sighted form of arrangement to substitute a framework in which can be tried by their peers with a single battle hardened judge who does not represent a cross section of society.
‘It is mismanagement that has put the British government in this position. It is simply because the government do not want to put the money to fix this matter by putting in the funds that we are where we are It would rather spend excessive amount of money on wars than on fixing the British justice system’
One of the headline proposals in today’s review is a push for a dramatic expansion of remote and digital proceedings — from video appearances for initial hearings to the routine use of remote testimony for professional witnesses such as police officers.
lt also includes the efficacy of s.28, thereby assisting survivors in giving their best evidence. Leveson’s recommendations aimed at ensuring s.28 hearings can be fully and efficiently utilised in the Crown Court has been welcomed by campaign groups for rape victims.
But Mr. Manson remains unimpressed with this. ”The idea that a recorded interview of a sexual assault or rape victim may appear fair does not really cut it for me. Don’t get me wrong, I’m sure expert advise must have been consulted on these matters, but the correct procedure for one who makes a serious allegation is to make it directly and openly in an open court”.
Leveson argues that such steps would reduce the time lost through prisoner transportation delays, court scheduling clashes and other logistical inefficiencies that have plagued the system.
Court Listing Systems
The review also promotes AI-assisted court listing systems and translation services to mitigate interpreter shortages, paired with performance targets designed to enforce timelier prisoner delivery and case progression.
All of these measures are intended to streamline courtroom operations and bring much-needed rhythm to an otherwise chaotic system.
Proponents of this recommendation would view it as innovative pragmatism. Advocates within the Magistrates’ Association have welcomed the emphasis on efficiency and practicality, arguing that these tools can relieve pressure on already overburdened courts and ensure justice is delivered more swiftly and fairly.
Yet, critics still warn that this efficiency drive may inadvertently sacrifice the very qualities that underpin fair trials.
The Law Society, in its own response to the report, welcomed efforts to tackle the backlog, but firmly opposed specific recommendations it fears could compromise fairness — notably the use of video-link legal advice for detained individuals and remote-first appearances after arrest, where liberty is at stake.
The society emphasised that “there are no corners left to cut” when it comes to fair justice and that sustained investment, rather than procedural shortcuts, is essential to longevity and legitimacy.
Manson supports The Law Society’s stance on this. ‘Remote hearings would be useful for defendants charged in a part of the country miles away from where they are reside, for those on bail.
‘There would be a logical case for remote hearing for a defendant charged in Scotland, for instance, who lives in London, for a remote hearing for their first few appearances. Or for n initial court appearance for a defendant on remand who needs to travel miles for a court hearing. But remote hearings will especially not make sense where the defendant does not find it in his best interest.
In defense of the reforms, Leveson stated that jury trial remains vital, but that a justice system struggling under immense strain cannot afford to deploy jury trials indiscriminately when faster, fair alternatives exist.
He insists that critics must offer workable alternatives if they reject his proposals.
Structural and Cultural Reforms Beyond procedural reform, Leveson’s review also highlights deep structural issues — notably the “perverse incentives” embedded within the legal aid fee system.
According to the report, current fee structures inadvertently encourage defence lawyers to push cases into Crown Court rather than resolving them early, adding to delays and expanding the backlog.
Reforming legal aid incentives to encourage early guilty pleas and reduce unnecessary trial progression is one of the review’s more surprising and nuanced recommendations, one that has piqued interest across the profession.
A related concern involves the recruitment and retention of criminal defence solicitors, which has been a growing challenge amid years of underfunding and declining pay scales.
The Law Society stressed that improving the legal aid fabric is essential to ensuring both fairness and efficiency, calling for strategic support to sustain the profession as part of any reform package.
In order to improve coordination across the justice system, the review also suggests appointing a criminal justice adviser to the prime minister, with authority to coordinate between law enforcement, courts, prosecution, defence services and government departments — an unusually political suggestion for a legal review, but one that reflects the scale of the systemic crisis.
While many practitioners agree that the system is failing, not all critics accept that Leveson’s recommendations will fix the underlying issues.
Some legal thinkers assert that efficiency measures alone cannot resolve the backlog without addressing chronic underinvestment in court infrastructure, staffing shortages, and administrative dysfunction that precedes any procedural change.
They argue that empty courtrooms, late prisoner deliveries, and staffing crises — all symptoms of a system underfunded for years — will persist unless fundamental resourcing deficits are tackled first.
Others express concern that videotaped evidence sessions or remote judiciary appearances, while convenient in some respects, may disadvantage vulnerable defendants and witnesses, risking miscarriages of justice or reduced quality in decision-making.
The Bar Council and other representative bodies have noted that certain aspects of the review — such as limiting jury access or over-reliance on technology — may conflict with fair trial guarantees enshrined in domestic and international law.
Even those supportive of reform have cautioned against over-hopeful expectations. Social commentators and senior magistrates warn that bottlenecks are too vast to be solved by incremental improvements alone, and that political will, sustained funding and cultural shifts in how justice is administered will be required — far beyond a single report’s recommendations.
The Political and Public Stakes
The government’s response to Leveson’s review will be critical. Already, ministers have hinted that they intend to embrace many of the proposed efficiency and technological reforms while debating how far to go with jury trial restrictions.
Critics like solicitor Monson and backbench MPs from both sides of the Commons, including civil liberties campaigners, warn that there is a real danger of reconstructing the justice system in a way that prioritises expediency over fairness.
Public opinion is mixed, though from the perspective of many victims waiting years for a resolution,, any measure that might shorten delays to be welcome. Others fear a judiciary that moves too quickly at the expense of scrutiny and deliberation.
The spectre of justice delayed is widely acknowledged, yet justice rushed carries its own risks. The impact of this report will hinge on two key questions.
Can its recommendations realistically reduce delays and improve outcomes for victims and defendants alike? And will the reforms preserve or undermine fundamental legal safeguards?
The answer, at present, remains contested. Reformers argue that without radical change, the criminal courts may bow under the weight of their backlog, leaving justice indefinitely postponed and eroding public faith in the rule of law. Opponents would counter that structural improvements and investment — not procedural shortcuts — are the only sustainable path forward for a fair and credible justice system.
Sir Brian Leveson’s review may not have provided unequivocal solutions to every aspect of the crisis, but by forcing these debates into the open, it has laid down a marker for reform that will shape legal and political discourse for years to come.
Whatever the ultimate trajectory of policy, one thing is clear. The criminal justice system in England and Wales stands at a crossroads. The choices made now will determine whether justice becomes swifter and fairer or whether deep-seated pressures will continue to fracture a system built on centuries of tradition.
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