'Prison should be a deterrent': Shropshire politicians react to proposals to improve 'unacceptable' court system

Sir Brian Leveson has unveiled plans to reduce the number of jury trials and create a new type of crown court where trials are heard by judges.

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.

Under the proposals, defendants in cases for offences including assault of an emergency worker, stalking and possessing an indecent photograph of a child would 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.

Defendants would receive a 40 per cent discount on their sentence if they plead guilty at the earliest opportunity, and Sir Brian also called for a greater use of cautions or unpaid work to divert more cases away from court.

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.

'This situation is simply unacceptable'

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 proposals Shropshire politicians gave differing responses - with differing concerns.

Helen Morgan, Liberal Democrat MP for North Shropshire, said she was uneasy about plans to reduce jury trials - describing them as "the cornerstone of our justice system".

Telford's Labour MP,  Shaun Davies said "once-in-a-generation reform" is needed for the courts system.

But West Mercia's Conservative Police and Crime Commissioner said the government needs to maximise the existing system before making changes - and warned of his concerns about the prospect of "watering down punishments", saying "prison should be a deterrent".

Mrs Morgan said her party would be monitoring the progress of the plans.

She said: "The courts backlog in Shropshire is huge and needs addressing – it’s one of many areas that has suffered from years of neglect under the Conservatives.

"This Government does need to get a grip of the crisis but I am very concerned about proposals to reduce jury trials, which are the cornerstone of our justice system.

"Liberal Democrats will be scrutinising the Government’s proposals off the back of this report and urge the Government to invest in robust rehabilitation and reducing offending so that we can reduce the crime going through the system in the first place.”

Meanwhile Mr Davies said he would continue pressing for investment in the county's courts system to speed up the progression of cases.

He said: “This Government was elected on a platform of fixing our broken public services, and this move to speed up court cases is a step towards that.

"Victims of, and witnesses to, crime in Telford are stuck waiting months and sometimes years for justice, because courts can’t get through cases fast enough.

"We know the Justice system is on the brink of collapse, so a once-in-a-generation reform is required.

"I now await the Government’s response to the independent review and await to understand the details of implementation, while continuing to make the case for more investment and support to the Justice Centre based in Telford that serves the whole of Shropshire.”

Mr Campion said the justice system had been failed by "successive governments" but that after 12 months of Labour government it was disappointing not to have a long-term plan, and funding to make it a reality.

He said: “The criminal justice system is broken so it is clear change is needed. However, the Government must ensure the current system is maximised, before it breaks its current foundations.

“I welcome the calls for more investment into the Crown Courts, but the Government needs to make that money available. And the proposal to increase sitting days simply does not match the scale of the challenge in West Mercia.

“To put it into context, with more than 1,600 outstanding cases, the proposed increase of sitting days by eight per cent will fail to tackle the growing backlog.”

Mr Campion said people would be worried about the prospect of reducing sentences - and its impact on victims.

He said: “I know communities will share my concerns about a further reduction in sentences for those already in prison as well as those facing time behind bars.

“Prison should be a deterrent, by watering down punishments, victims will question whether they have got the justice they deserve, and communities will ask whether sentences match the crime.

“The criminal justice system has been broken for a long time, and successive governments have failed to tackle it, but it’s disappointing that after a year of a Labour government it has failed to set out a long-term strategic solution with the financial backing required to deliver it.

“The Government needs to set out its vision for the criminal justice system – if it wants more people in prison, then we need investment into additional sitting days and the prison estate to increase capacity. If it wants more offenders to be rehabilitated outside the system, we need an effective out of court process. This limbo cannot continue.”

The commissioner added: “The principle of a jury made up of people from our local communities is a long-standing tradition in our crown court system as they, rightly, bring local communities into the courtroom and ensure the public voice is not lost in the pursuit of justice.

“Instead, the proposals seek to damage confidence in outcomes with a view to pushing cases through quicker, whilst at the same time reducing sentences.”

South Shropshire Conservative MP Stuart Anderson raised concerns over the prospect off the loss of some jury trials.

He said: “Trial by jury is a key part of the British legal system that many are rightly proud of. To face a trial in front of a jury of citizens provides certainty on judgments of fact. I am concerned that efforts to save money would see this great British legal tradition erode away.”