The author of a review of the criminal courts in England and Wales has told MPs that the system will collapse if the British Government rejects the “broad thrust” of his recommendations, according to the Law Society Gazette of England and Wales.
Sir Brian Leveson’s report, published in July, contained several recommendations aimed at reducing backlogs in the Crown courts.
Giving evidence to the House of Commons justice select committee today 12 November) on part one of his review, Leveson said that the timing of the government’s response was not in his hands.
In his report, he said that his recommendations should not be approached as providing a ‘pick-n-mix’ series of options.
Leveson told the committee that he was referring to a need for “wholesale systemic reform”, rather than the government slavishly following everything he suggested.
The Gazette said that he also responded to concerns raised by the Bar Council, Law Society, and lawyers over recommendations that would see fewer cases heard by a jury.
The former head of criminal justice said that, while everyone had a right to a fair trial, most cases were tried by magistrates “without being considered unfair”.
He told MPs that the system could not survive in its present form, and rejected suggestions from lawyers’ groups that “more money and sitting days” would solve the problem.
“If you look at just increasing sitting days, which is what the Bar Council suggested, there are far too many ineffective cases because there are no prosecutors or defence lawyers in court,” the Gazette quoted Leveson as saying.
“So in increasing sitting days, you are going to increase the number of cases where there is no barrister or solicitor in court available to prosecute or defend the cases. Just increasing the number of sitting days does not get you over the line,” he added.