After a week of criticism following leaked details of plans to scrap some jury trials, David Lammy is expected to address the controversy on Tuesday and outline the next steps in the government’s plan to overhaul the justice system.
The backlog at the Crown Court stands at almost 80,000 cases, but the justice secretary has warned that “without urgent action” that number will rise to 100,000 by 2028.
In response to Sir Brian Leveson’s Independent Review of the criminal courts, the deputy Prime Minister has revealed a £550m three-year package to support victims and witnesses.
The deputy PM said this is just one part of the reforms set to be announced in Parliament on Tuesday.
He will also set out how the government will “modernise court processes”, create faster routes for lower-level cases, and free up the Crown Court.
Along with an additional investment of up to £34m a year in criminal legal aid fees for advocates.
The government is also going to match-fund a number of pupillages to build a sustainable pipeline of talent into the profession.
The Ministry of Justice (MoJ) says its announcement on Tuesday will be on top of the £450m per year for the courts, the extended Magistrates’ court sentencing powers from six to 12 months, and the almost £150m maintenance funding.
This comes as victims are waiting as long as three or four years to see their day in court, with the backlogs having also resulted in over 10 per cent of adult rape cases being stopped because a victim withdraws.
Lammy said: “Today I am calling time on the courts’ emergency that has left victims of the most serious crimes waiting years for justice and pushed the justice system to the brink of collapse.”
“This simply cannot go on – we must be bold. I will set out a fast and fair justice plan that gives victims and survivors the swift justice they deserve,” he added.
Eyes peeled for jury announcement
There was no mention in the release of plans to quash some jury trials, which dominated headlines last week and sparked a furious backlash from the legal profession, political opponents and civil liberties groups. Lammy was a no-show at urgent questions in the House of Commons on Thursday; instead, justice minister Sarah Sackman faced questions on the matter.
Sackman told the Commons that no plans have been made to move on Sir Leveson’s blueprints yet, but, to put victims first, the government will implement the former judge’s plan.
She explained that jury trials will remain a cornerstone of British justice for the most serious crimes, “we need an air of realism here, 90 per cent of cases are dealt fairly and robustly without a jury trial, that is the norm. We don’t have trials in our civil system; that is the norm… only three per cent of cases are heard by a jury.”
Commenting on the MoJ release, Law Society of England and Wales past president Richard Atkinson said, “Today is an important day for our criminal justice system and the government still has time to pull it back from the brink.”
However, he pointed out, “We await the government’s proposals on reducing jury trials to see if they go beyond Sir Brian Leveson’s recommendations, which were already an uncomfortable compromise.”
“We question whether it is effective to announce these reforms before the government has seen Part II of his report, which we expect will include recommendations to drive efficiency, focusing on the court estate, technology and those that operate the system,” Atkinson added.
Tom Franklin, chief executive of the Magistrates’ Association, stated: “To bring down the huge backlog in the crown courts, all parts of the courts system need to be resourced and supported, including the magistrates’ courts, which barely merit a mention in this morning’s announcement.”
“We hope that, when he addresses the House later today, the deputy Prime Minister will have a lot more to say about how magistrates and the magistrates’ courts can help bring down the courts’ backlog,” he added.