Court reforms vital to tackle ‘scandalous disgrace' of backlog, says Ken Clarke
Given the mounting trial logjam, the Government has 'no choice' but to swiftly accept proposed reforms, which would see less cases heard by juries, according to the Conservative peer.
Last week, plans to reduce the number of jury trials and create a new type of crown court where cases are heard by judges were unveiled by Sir Brian Leveson.
The review commissioned by the Government seeks to 'reduce the risk of total system collapse' amid a record-high backlog where some cases are listed for 2029.
It comes after the crown court backlog in England and Wales passed 75,000 cases for the first time, rising to 76,957 at the end of March.
Sir Brian's recommendations are expected to save approximately 9,000 sitting days in the crown court each year from some of the main changes, such as by diverting cases to magistrates' courts or to the proposed Crown Court Bench Division for trials to be heard by judges.
Juries would be reserved to hear the most serious cases.
Ministers are now considering the recommendations and will respond in the early autumn with a view to legislation.
The Government has already accepted a raft of reforms proposed in a separate independent sentencing review by former justice secretary David Gauke to tackle jail overcrowding.
Speaking in Parliament, Lord Clarke of Nottingham, who also previously served as justice secretary, said: 'Does the minister accept that it is a scandalous disgrace that in this country some victims and people charged with offences have to wait months and sometimes years before a trial can take place?
'Does he therefore agree that, in those circumstances, the Government have no choice but to accept as quickly as possible the excellent recommendations made by Sir Brian Leveson, because I hear of no alternatives?
'Will he undertake that they will not take too long reviewing and considering these matters?
'This should proceed as rapidly as possible with the full support of everybody who has the interests of the rule of law and justice in this country at heart.'
Welcoming his support, justice minister Lord Ponsonby of Shulbrede, who is also a sitting magistrate, said: 'Data published last month showed the backlog stood at nearly 77,000 cases. That is an increase of 2,300 cases over the previous quarter.
'If we were not to take any action, it is projected that the outstanding caseload would be 100,000 in 2028. Clearly, that is unacceptable, and I absolutely take the point he made.'
Leading lawyer and independent crossbencher Lord Pannick said: 'Does the minister agree that, in addressing the very serious problems faced by the criminal justice system, it is important not to romanticise the jury, given that 90% of all criminal trials in this country are heard without a jury and relatively speedily – not as speedily as perhaps they could be, but relatively so – and they are heard effectively and with justice.'
Lord Ponsonby said: 'Of course I would agree because, as a magistrate, I was among those who hear 90% of all criminal cases.
'There is no right to a jury trial. However, there is a right to a fair trial.
'For a fair trial, it must be heard in a timely manner. That is where we are failing.
'We need these systemic changes to address that fundamental problem, so that people – both victims and defendants – can get a fair trial in a timely way.'
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