Latest news with #courtreform
Yahoo
09-07-2025
- Politics
- Yahoo
How much can you claim on expenses from jury duty?
Trials by jury should be reduced and more cases resolved by judges only to ease the huge backlog of crown court hearings, a major new review has recommended. Former senior judge Sir Brian Leveson, chairman of the independent review of the criminal courts, said that 'fundamental' reforms to the court system are needed to 'reduce the risk of total system collapse'. It comes as 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. Leveson's recommendations are hoped to save some 9,000 sitting days in crown courts each year 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, and defendants would receive a 40% discount on their sentence if they plead guilty at the earliest opportunity. Defendants in cases for offences including assault of an emergency worker, stalking and possessing an indecent photograph of a child would also no longer have the right to choose a jury trial. A new Crown Court Bench Division, made up of two magistrates and a judge, would have powers to deal with all either way offences such as fraud, child abduction, sexual assault and violent disorder. A judge would then decide whether a defendant's case would be sent to the new court, or to the crown court with a jury. Reacting to the recommendations, Cabinet Office minister Nick Thomas-Symonds told Times Radio on Wednesday that jury trials are 'always going to be an important part of the criminal justice system'. Chairman of the Commons' justice committee, Andy Slaughter, however warned it needs to be considered 'very carefully' before altering the system. The Labour MP said: 'Juries are central to our constitutional right to a fair trial. We should think very carefully before altering a system that has served us well for centuries. But that does not mean the ambit of the jury system can never change.' Jurors are able to claim expenses to offset any financial impacts of carrying out jury service. For the first 10 days, you can claim up to £64.95 per day for loss of earnings if you're in court for more than four hours, or £32.47 for less. After 10 days, this increases to £129.91 per day for over four hours, or £64.95 for less. Travel expenses, such as standard-class public transport fares or 31.4p per mile for driving, are covered – but you will need to provide receipts. A daily food and drink allowance of up to £5.71 is available if you're at court for over five hours. Childcare or care for dependants can also be claimed, but total claims, including loss of earnings, are capped at the daily maximum. Self-employed jurors need to provide evidence like tax returns. Claims must be submitted with receipts, typically within 14 days of service completion, using forms provided by the court. Payments are usually processed within 7-10 days. If you receive benefits you should show your jury summons to your benefit office or work coach as soon as you get it. Financial support and benefits, such as universal credit, will continue to be be paid for the first eight weeks. After that, the court will give you a loss of earnings form to give to your benefit office or work coach. While jury duty is mandatory, some people are exempt due to specific circumstances or jobs. In England and Wales, exemptions may be granted for serious illness or disability, full-time caregiving for someone with a serious illness or disability, or being a new parent unable to serve within the next 12 months. In Scotland and Northern Ireland, practising registered nurses and midwives can be excused if they provide evidence. Those currently on bail, with prior prison sentences of five years or more, or in certain professions like law enforcement may be ineligible. Jury duty can be deferred once within a 12-month period for reasons like booked holidays, exams, or significant business impact, but you must provide alternative dates. Failure to attend without a valid exemption can result in a £1,000 fine.
Telegraph
09-07-2025
- Politics
- Telegraph
Jury trials scrapped for sex offenders to cut court backlogs
Suspected sex offenders and drug dealers are among thousands of defendants who could be stripped of the right to a jury trial under 'radical' proposals to tackle chronic court backlogs. Under plans for a 'once in a generation' reform of the courts, a review led by Sir Brian Leveson, a former appeal court judge, has recommended that defendants accused of 220 offences will no longer have an automatic right to be tried by a jury of their peers. Sir Brian said restricting the historical right to a jury trial – which has its origins in the 1215 Magna Carta – was necessary because criminal justice was 'too broken' and a 'radical and essential package of measures to prevent total collapse of the system' was required. He said ditching juries would mean simpler, speedier and cheaper justice, saving the equivalent of 9,000 court sitting days a year. His report comes as the backlog of crown court cases has risen to a record 77,000, with trials delayed as far ahead as 2029. In his 378-page report published on Wednesday, Sir Brian proposes changes at every stage of the judicial process. His recommendations also include greater use of cautions and unpaid work to divert thousands of thieves, violent criminals and drug addicts away from courts. He said defendants should receive a 40 per cent discount on their sentence if they pleaded guilty at the earliest opportunity, up from 33 per cent. It could mean a criminal facing a nominal 10 years in jail would serve just two years in prison. However, his biggest and most controversial reform is to the jury system, where he proposes that anyone facing a charge carrying a maximum sentence of two years in jail would lose their right to opt for a jury trial. Such offences include assault of a police officer or other emergency worker, stalking, possession of an indecent photograph of a child, and causing death by driving an uninsured vehicle. He also proposes creating a new division of the crown court, where a judge and two magistrates would sit without a jury to rule on some 166 offences carrying a maximum sentence of up to three years. These include sex assaults, dealing or importing drugs, child abduction, violent disorder, assault causing actual bodily harm, causing death by careless or inconsiderate driving, sex with a child under 13, burglary, firearms and knife possession, and fraud. A judge would decide whether a defendant's case would be sent to the new court, or to the crown court with a jury. Crown courts with juries would continue to deal with the most serious offences, such as murder, rape and terrorism. However, any crown court defendant would have a right to ask for a judge-only trial, which Sir Brian suggested may be because they might have a technical defence better understood by a judge or because they had committed a high-profile offence which ' may not be particularly attractive to members of the public '. Complex cases that may last a year or more such as fraud, insider trading, bribery and money laundering, would also be dealt with only by a judge. Sir Brian said: 'The backlog has now become utterly unmanageable, and risks jeopardising the entirety of our criminal justice system. 'Because the further you push cases off into the future, the more disincentive there is for those who are guilty of crime to admit their crime, because they can put it off in the hope it will just go away, or that the witnesses will lose interest. 'So that is not only disastrous for victims and witnesses, but also for the administration of an effective criminal justice system…Doing nothing will lead, in my view, to the collapse of the system.' He denied that sparing people guilty of thefts, drug use or minor assaults a criminal record by using out of court resolutions such as cautions was 'soft justice.' 'The challenge at the moment is that shop theft isn't being prosecuted at all,' he said. 'They could be offered some meaningful activity, or maybe a penalty, or maybe in appropriate cases, some unpaid work or some rehabilitation, which keeps them out of the criminal justice system.' Shabana Mahmood, the Justice Secretary, said ministers will now consider the recommendations and will respond before legislating changes in the autumn. 'Swifter justice requires bold reform, and that is what I asked Sir Brian Leveson to propose,' she said. Robert Jenrick, the shadow justice secretary, said: 'Taken together, the Leveson and David Gauke reviews will see criminals like burglars and even some killers serve just a fifth of their prison sentence. That makes a mockery of our justice system. 'Before tearing up our constitutional settlement by scrapping jury trials, Labour should maximise court sitting days and bear down on rampant inefficiency. But they refuse, and as a result the court backlog is rising fast on their watch.' The Bar Council welcomed the focus on diverting offenders away from the courts but warned against proposals to remove jury trials. 'Changing the fundamental structure of delivering criminal justice is not a principled response to a crisis which was not caused by that structure in the first place,' said Barbara Mills, the council's chair.
Sky News
09-07-2025
- Politics
- Sky News
Fewer jury trials could take place to prevent 'total system collapse' of UK's courts
Fewer jury trials could take place as part of proposed reforms to prevent a "total system collapse" of the UK's courts and tackle a record-high backlog of cases. Sir Brian Leveson, chairman of the independent review of the criminal courts, has also recommended more cases should be settled out of court as he unveiled plans to shake up the structure of the system and reclassify offences. The recommendations are part of a bid to cut the backlog where some cases are listed for 2029. It comes as 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 have been modelled to save approximately 9,000 sitting days in the crown court each year, 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, and there would be a greater use of cautions to divert more cases away from court. Sir Brian said: "It is well recognised that justice delayed is justice denied but the record and rising court backlog means victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial - unable to move on with their lives. "This situation is simply unacceptable. "The recommendations I have put forward represent a cohesive package of reforms designed to transform our courts into a system that provides appropriate and fair decision-making. "It also takes a proportionate approach to trial processes while maintaining the fundamental right to a fair trial. "These are not small tweaks but fundamental changes that will seek to make the system fit for the 21st century." Either way, offences with a maximum custodial sentence of two years or less, such as possession of drugs, bike theft and voyeurism, could face lower penalties of 12 months imprisonment or less. Defendants in cases for offences including assault of an emergency worker, stalking and possessing an indecent photograph of a child would also no longer be able to choose a jury trial. A new Crown Court Bench Division, made up of two magistrates and a judge would deal with less serious offences, as well as complex cases such as fraud. Sir Brian also suggested the threshold for criminal damage being dealt with as a summary only offence be increased from £5,000 to £10,000. The review report published on Wednesday made up the first part of Sir Brian's recommendations, with a second report focusing on court efficiency expected to be published later this year. Justice Secretary Shabana Mahmood said ministers will now consider the recommendations and will respond ahead of legislating changes in the autumn. The Lord Chancellor said: "I have already lifted courts funding to record levels, funding 4,000 more court sitting days than under my predecessors. 6:48 "But swifter justice requires bold reform, and that is what I asked Sir Brian Leveson to propose. "As part of our Plan for Change, I will do whatever it takes to bring down the backlog and deliver swifter justice for victims." Met Commissioner Sir Mark Rowley said: "As Sir Brian rightly identifies, criminal justice in this country runs the risk of 'total system collapse' unless we take the radical steps needed to reverse years of decline. "It cannot be right that in London more than 100 trials listed are for 2029. This is intolerable for victims and all parties who rely on a properly functioning court system to provide closure from what are often traumatic experiences, made worse by persistent delays. "I welcome this report and look forward to working with partners across government to deliver the bold reforms that are now a necessity, not an option."
The Independent
08-07-2025
- Politics
- The Independent
Trials by jury could be scrapped for fraud and sexual assault cases in radical reforms to tackle court backlog
The automatic right to a trial by jury could be axed for fraud cases and some sexual offences under radical reforms being considered by the government to tackle record court backlogs. Proposals unveiled by Sir Brian Leveson have been described as the 'most sweeping transformation of criminal courts in a generation' as he calls for a shake-up which would see some trials heard by a judge and two magistrates in a new division of the crown court. The 380-page blueprint for reform, commissioned by the government, comes as a record 76,957 cases are waiting to be heard at crown courts in England and Wales, with trials listed as far ahead as 2029. Sir Brian's recommendations, designed to save 9,000 court sitting days each year, include: The removal of the right to choose a jury trial in cases where the maximum sentence is two years imprisonment The creation of a new Crown Court Bench Division (CCBD) in which a judge and two magistrates can hear 'either way' offences without a jury Defendants encouraged to plead guilty at earliest opportunity with the maximum reduction in sentence length increased from 30 to 40 per cent Serious complex fraud cases heard by a judge alone More cases resolved out of court with increased use of cautions Justice secretary Shabana Mahmood, who is considering his recommendations, said she will do 'whatever it takes to bring down the backlog and deliver swifter justice for victims'. The government is expected to respond in full before deciding what changes they take up in the Autumn. Sir Brian, a former High Court judge, said without action we risk 'total system collapse' and his reforms are not small tweaks, but fundamental changes to make the system fit for the 21st century. "It is well recognised that justice delayed is justice denied but the record and rising court backlog means victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial - unable to move on with their lives,' he said. 'This situation is simply unacceptable. The recommendations I have put forward represent a cohesive package of reforms designed to transform our courts into a system that provides appropriate and fair decision-making. "It also takes a proportionate approach to trial processes while maintaining the fundamental right to a fair trial.' Sir Brian said magistrates sentencing powers should remain capped at the current 12-month maximum. However he called for defendants charged with crimes with a maximum sentence of two years or less to be stripped of the option of choosing a trial by jury at a crown court. This could include people charged with stalking, possessing prohibited images of children and benefit fraud, among others. Rather than creating a new system of intermediate courts, he suggested the creation of a new bench division of the crown court which would see some offences tried by a judge, flanked by two magistrates. The presumption should be all cases with a maximum sentence of three years or less would be heard by the 'bench division', he said, which includes some sexual offences such as sexual assault, grooming and incest. He also said defendants should have the option of choosing to be tried by a judge alone, if the trial judge agrees. This would automatically be the case for serious and complex fraud trials, which can involve levels of legal complexity beyond the understanding of the general public. He also called for the maximum reduction in sentence length for an early guilty plea to be increased to 40 per cent, in order to encourage defendants to plead guilty at the earliest opportunity. The Magistrates' Association welcomed the proposals, saying it will speed up justice for thousands of people. National chair Mark Beattie said: 'We urge the government to implement Leveson's recommendations as soon as possible. Every day that they aren't in place, is a day when victims, witnesses and defendants have to wait for justice.' However the Law Society warned the government must not 'cherry pick' reforms from the review as they called for sustained investment to bring courts back from the brink. 'The proposed new division of the Crown Court on its own will not solve the Crown Court backlog,' president Richard Atkinson said. 'The government would have undermined our historic jury system for no effect. 'Only investment in the whole system has any chance of success - from when a criminal prosecution starts in the police station, and at all stages before a Crown Court case.' Victims Commissioner Baroness Newlove echoed calls for reforms to be properly funded. "Victims need a justice system that works – not in theory, but in practice,' she said. 'This review offers the best chance in a generation to fix it. The Government must seize that opportunity without delay.' Metropolitan Police Commissioner Sir Mark Rowley agreed there is a risk of 'total system collapse' without radical steps to reverse years of decline. He added: 'It cannot be right that in London more than 100 trials listed are for 2029. This is intolerable for victims and all parties who rely on a properly functioning court system to provide closure from what are often traumatic experiences, made worse by persistent delays. 'I welcome this report and look forward to working with partners across government to deliver the bold reforms that are now a necessity, not an option.'
Yahoo
08-07-2025
- Politics
- Yahoo
Court reforms proposed to ‘reduce risk of total system collapse'
Reducing the number of jury trials and resolving more cases outside of court are among 'fundamental' reforms to the court system proposed to 'reduce the risk of total system collapse'. Sir Brian Leveson has unveiled plans to shake up the structure of courts and reclassify offences on Wednesday in a bid to cut the record-high backlog where some cases are listed for 2029. It comes as the crown court backlog in England and Wales has passed 75,000 cases for the first time, rising to 76,957 at the end of March. Sir Brian's recommendations have been modelled 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, and defendants would receive a 40% discount on their sentence if they plead guilty at the earliest opportunity. Sir Brian also called for a greater use of cautions or unpaid work to divert more cases away from court. The former senior judge told reporters he does not 'rejoice' in the recommendations, but added: 'I do believe that they are absolutely essential if we are to prevent our system from collapse.' Sir Brian, chairman of the independent review of the criminal courts, said: 'It is well recognised that justice delayed is justice denied, but the record and rising court backlog means victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial – unable to move on with their lives. 'This situation is simply unacceptable.' Reacting to the proposed changes, the Victims' Commissioner Baroness Newlove said for victims, proposals such as sentence discounts will 'feel like justice diluted once again', but added the reforms were 'necessary'. 'There is no credible alternative, but even this may fall short of what's truly needed,' she said. In the report Sir Brian warned that 'the reality of criminal courts which are no longer effective is already beginning to materialise'. He said the proposed reforms take a 'proportionate approach to trial processes while maintaining a right to a fair trial'. He added: 'These are not small tweaks but fundamental changes that will seek to make the system fit for the 21st century.' Either way, offences with a maximum custodial sentence of two years or less, such as possession of drugs, bike theft and voyeurism, could face lower penalties of 12 months imprisonment or less. Defendants in cases for offences including assault of an emergency worker, stalking and possessing an indecent photograph of a child would also no longer have the right to choose a jury trial. A new Crown Court Bench Division, made up of two magistrates and a judge, would have powers to deal with all either way offences such as fraud, child abduction, sexual assault and violent disorder. A judge would decide whether a defendant's case would be sent to the new court, or to the crown court with a jury. The review report published on Wednesday made up the first part of Sir Brian's recommendations, with a second report focusing on court efficiency expected to be published later this year. Justice Secretary Shabana Mahmood said ministers will now consider the recommendations and will respond ahead of legislating changes in the autumn. The Lord Chancellor said: 'I have already lifted courts funding to record levels, funding 4,000 more court sitting days than under my predecessors. 'But swifter justice requires bold reform, and that is what I asked Sir Brian Leveson to propose. 'As part of our Plan for Change, I will do whatever it takes to bring down the backlog and deliver swifter justice for victims.' The review comes as ministers accepted the majority of recommendations from the independent sentencing review to curb overcrowding in jails in the long-term. Responding to the report, Law Society for England and Wales president, Richard Atkinson, said the creation of the new division in the crown court on its own will not solve the backlog, and warned the Government should not cherry-pick the recommendations. 'Without sustained long-term investment in the system dealing with both demand on the courts and the capacity of the courts, the Government will simply be shifting the Crown Court backlog to the Magistrates' Court backlog and creating another backlog in the new division.' National chair of the Magistrates' Association, Mark Beattie, said magistrates were 'ready and willing' to support the changes to reduce pressure off crown courts. 'Magistrates are critical for our justice system. They handle over 90% of criminal cases and without them, the system would quickly grind to a halt. 'But their capacity is not unlimited and, if the proposed Criminal Court Bench Division is implemented, there will need to be more magistrates.' He added the reforms would expect to need more than 20,000 magistrates, rising from the current 14,600. Meanwhile, chairwoman of the Bar Council, Barbara Mills KC, rejected the need to curtail the right to a trial by jury, arguing that juries represent society and a fundamental part of the system. The representative body for barristers said the reform should be piloted with a clear end date to review it.
