Shabana Mahmood is under pressure to slash the crown court backlogs (Image: Getty)
Plans to abolish jury trials for some criminals have been branded a “massive threat to civil liberties”.
The backlog of Crown Court cases is at a record high, with listings now running into 2027, with prosecutors warning victims are facing wait times of between two and five years before a case goes to trial.
Critics branded the backlog a “matter of national shame”, adding that cancelling jury trials will not help ease the crisis.
The crisis prompted ministers to draft in retired judge Sir Brian Leveson to carry out a major review of the courts system.
Some criminals are pleading guilty because they believe delays in the justice system could eventually lead to the case being abandoned.
Richard Tice has slammed the proposals under consideration (Image: Getty)
Former Justice Secretary Sir Robert Buckland said: “I do not see how restricting the right to jury trial for some future cases is going to solve the present problem of existing case backlogs.”
Reform UK Deputy Leader MP: “The potential abolition of jury trials poses a massive threat to civil liberties and the fairness of prosecutions as a whole.
“Without a review board of peers, your freedom is completely in the hands of the court.
“Reform UK adamantly opposes this and believes it paints a grim picture for the future of the court system.
“I believe the jury system acts as a healthy barrier between the defendant and their penalties. This decision should not be taken lightly.”
Mary Prior KC, Chair of the Criminal Bar Association said: “We all appreciate that the 74,000 cases awaiting trial in the backlog of cases in the Crown Courts of England and Wales should be a matter of national shame.
“For the members of the public that access the system – the victims, the accused awaiting trial, the witnesses who wait to do their civic duty by giving evidence and for the interests of the general public, suffering the consequences of justice delayed; there must be a solution.
“Two things must be addressed: the backlog and the roadmap forward.
“Focus and newly announced reviews seem to be concentrated on the future, but immediate support must be found for the 150,000 or so members of the public whose cases, in one way or another, are stuck in the backlog.
“All of those cases require Criminal Barristers to present the evidence and ensure that there is a fair trial.
“There is no point increasing charging rates and sentencing if the trial process takes four to six years.
“The way forward is clear. Money must be found, as it was when the riots occurred, to substantially invest in the short term so that there is hope in the long-term that trials in the Crown Court can take place within six to 12 months as they used to.”
The number of criminal cases waiting to be heard in crown courts hit 73,105 in September.
This is a 3% increase on the previous quarter (71,042 cases), 10% on the previous year (66,426 cases) and close to double the end of 2019 (38,016 cases), according to the Ministry of Justice (MoJ).
The number of rape victims waiting for their cases to be heard has continued to skyrocket, analysis has revealed.
Ministry of Justice figures show 2,789 rape cases were included in the backlog – up 18% in 12 months.
They were part of 11,574 sexual offences yet to be heard in a crown court.
Justice Secretary Shabana Mahmood has signalled jury trials could be scrapped for thousands of offenders to prevent courts from hitting an unprecedented backlog of 100,000 cases.
Ms Mahmood has ordered retired judge Sir Brian Leveson to review ways in which defendants’ rights to jury trials could be scaled back without undermining fair justice.
Magistrates could be allowed to hear more serious cases.
Or a new intermediate court could be set up, with cases being heard by a judge and two magistrates.
Speaking to the Commons Public Accounts Committee (PAC) on Thursday, Ms Romeo said: “I’m not suggesting that this is a temporary problem.
“The problem is that the demand coming in is not being met.
“We do not have the ability to dispose of the cases that are coming in at the rate that they’re coming in.”
Ms Romeo would not be drawn on projections for how high the figure could rise in the coming year but, under questioning from MPs, admitted: “Our modelling indicates that – absent significant additional policy changes or changes to the system – the number will be higher than it is now.”
Former Conservative government ministers previously set officials a target of reducing the crown court backlog to 53,000 by March 2025 – which the department has since conceded it will be unable to meet.
Ms Romeo repeated the MoJ’s assertion that the growing backlog was largely driven by the fallout of restrictions on movement put in place during the pandemic and the knock-on effect of strikes by criminal barristers, but she also acknowledged the backlog was already rising prior to the pandemic.
Amid pressure from MPs to commit to cutting the backlog as soon as possible, she stressed the MoJ was “very focused” on reducing the numbers of cases waiting to be dealt with.
Scrapping jury trials in some cases could be among the measures considered in a bid to speed up justice.
Describing the backlog as “unsustainable”, Sir Brian suggested diverting cases from the criminal courts would also be considered as part of “radical” steps to curb the numbers.
He is expected to present his findings in the spring, around the same time as ministers are due to consider conclusions from former justice secretary David Gauke’s sentencing review.
The latest criminal court backlog figures to the end of December are due to be published in March, MPs heard.