Criminal Courts: Independent Review

Andy Slaughter Excerpts

Tuesday 14th October 2025 Westminster Hall

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

It is a pleasure to serve under your chairship this afternoon, Mr Efford. I am grateful to the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for securing this debate. As he says, the changes being proposed to the way in which the criminal courts operate are very significant, and it is right that we have the opportunity to debate them here. My contribution was to move the time of the Justice Committee to allow its members to take part today, and we therefore see a well-attended debate.

The latest figures show that the current open caseload for criminal cases in the Crown courts now stands at 78,329—more than double the 38,070 cases recorded in December 2019. If no action is taken, that number is projected to increase to between 99,000 and 114,000 by the end of March 2029. In response, the previous Lord Chancellor, on 12 December 2024, announced that she had asked Sir Brian Leveson to review the criminal courts to consider how to accelerate the hearing of cases. The “Independent Review of the Criminal Courts: Part I”, the subject of this debate, was published on 9 July 2025. The second part of the review will focus on the efficiency of the criminal justice system, and is due to be published later this year. The first part of the review proposes 45 recommendations. Sir Brian stresses that the package needs to be looked at as a whole and

“should not be approached as providing a ‘pick-n-mix’ series of options.”

In the interests of time, I will mention only the most radical and controversial of those proposals.

First, the review recommends an expansion in the use of out-of-court resolutions, noting that their use has fallen by 35% since 2015, from 328,000 to 212,000. Secondly, the review recommends removing the right to elect a Crown court trial for offences with a maximum sentence length of two years. It states that those offences form an obvious grouping, as they have been categorised by Parliament as the least serious of the either-way offences. The review identifies a pool of additional offences for removal of the right to elect, based on the average custodial sentence length they typically involve. It also recommends reclassifying some offences as summary only—in effect, removing the defendant’s right to elect and ensuring that such offences could be tried only in the magistrates court. The review proposes to select offences for reclassification based on whether the average custodial sentence length falls well within the magistrates’ sentencing power limit of 12 months. That requires—this picks up a point the right hon. and learned Gentleman made—reducing the maximum sentence for these offences to 12 months to align with the new maximum sentencing power for the magistrates court.

Thirdly, the review proposes the introduction of a dedicated Crown court bench division, comprising a Crown court judge and two magistrates, ensuring the retention of community participation, in the absence of a jury. Magistrates would have equal decision-making authority on evidence and sentencing, with matters of law reserved to the judge. The Crown court bench division would encompass the same sentencing powers as the Crown court, negating the need to commit cases for sentence. For either-way offences, allocation to the CCBD would be determined at the plea and trial preparation hearing, with cases likely to attract sentences of three years or less anticipated to be heard in this division. Responding to the review, Mark Beattie, chair of the Magistrates’ Association, noted that an extra 6,000 magistrates would be required to ensure that the CCBD runs successfully alongside maintaining capacity in the magistrates court.

Fourthly, the review provides recommendations to incentivise early resolutions in the Crown court: increasing the maximum reduction for early guilty pleas from 33% to 40%; making it mandatory for judges to offer advance sentence indications, allowing defendants greater clarity and confidence in entering a plea early; and establishing a pilot scheme to test whether delaying the pre-trial hearing allows better-informed plea decisions. Appearing before the Justice Committee in December 2024, the Director of Public Prosecutions stated that 70% of cases going through the Crown court eventually end up with guilty pleas, but in only 36% of cases are guilty pleas entered at the first substantive hearing. Fifthly and finally of the points that I want to address, the review recommends that serious and complex fraud cases should be tried by a judge alone, with eligible cases defined by hidden dishonesty or complexity outside the understanding of the general public.

The combined effect of the reforms would be to curtail a defendant’s right to trial by jury, and that has generated adverse comments from the legal profession and some commentators. These are very significant changes to the way the criminal courts operate. As to whether the review’s proposals would achieve their aim of speeding the trial process, it models three recommendations: the introduction of the Crown court bench division, the reclassification of some offences and the removal of the right to elect. Other recommendations made by the review in part 1 were not modelled, and any impact of those would be in addition to those savings. In combination, and with savings measured in Crown court sitting days, the modelled proposals suggest savings of 9,000 Crown court sitting days per annum through the diversion of cases to the magistrates court or the Crown court bench division.

Given that the Leveson review is the Ministry of Justice’s main play to reduce the Crown court backlog, it seems inevitable that it will go forward, and go forward as a package, as Sir Brian requests. Whether it will achieve its targets, and whether it will have the adverse effects on the administration of criminal justice predicted by the Law Society, the Bar Council and the Criminal Bar Association in their briefings for this debate, we will find out. What is certain is that, by expressing the need to apply to the criminal justice system many of the innovations that have been proposed and rejected over the past several decades, it draws into sharp focus the parlous state of our criminal courts in 2025. Many of the proposals in Sir Brian’s report are not new; they have been debated and, on the whole, rejected over several decades. The question really—for the Government, but also for all of us—is whether, given the lamentable failure of the Crown courts at present to deal with cases in a timely manner and to see justice delivered, those are sacrifices worth making now.

[Clive Efford (in the Chair)]

If we are going to get everyone in, we will have to stick to about four minutes each. I am not going to put a hard time limit on at this stage, but please bear that in mind.