As the backlog of criminal cases in England and Wales threatens to exceed 100,000, placing immense strain on the justice system, legal experts are urgently seeking solutions. While some suggest shifting more cases from the crown courts to magistrates, one retired barrister is boldly proposing the opposite: end wasteful hearings of serious offences in the lower courts altogether.
Janet Carter, who served as a barrister for many years, argues that a simple change to the law could eliminate thousands of needless magistrates court listings annually for charges known as “indictable only” offences. These include the gravest crimes like rape and robbery, which magistrates have no power to rule on and must automatically send up to the crown court.
Legacy of Overcrowded Jails
Historically, the requirement for these cases to first appear before magistrates made sense, as most defendants charged with such major offences would be held in custody after arrest. The lower court hearing provided an opportunity to promptly request bail. However, in recent years, legislative changes have enabled police to release many more suspects on conditional bail directly from the station.
“There is no point in bailed defendants appearing in the magistrates court,” Carter asserts. “Realistically, nothing can happen except to send the case to the crown court.” Government data shows this occurs in a staggering 5,000 to 6,000 cases per quarter across the country.
Domino Effect of Delays
The retired barrister contends these redundant hearings trigger a domino effect of inefficiency and delay felt at every stage. Valuable time slots are frittered away when nothing of substance can occur. Weeks later, the cases land in the crown court, where real progress like taking a plea or scheduling a trial might finally begin. In the interim, the meter on costs runs continuously.
Delays and duplications of resources right across the board are inevitable with these cases.
– Janet Carter, retired barrister
Strained court staff duplicate efforts for listings. Barristers are briefed for perfunctory appearances. Costs for legal aid soar. All the while, victims, witnesses, and defendants alike, many already distressed, endure a lengthier ordeal as their day in court is pushed back by the bottleneck.
Common Sense Reform
Carter’s remedy is straightforward: amend the law so that defendants on bail for “indictable only” offences go straight to the crown court for their first appearance. “A plea can be taken and progress can then be made on the very first day that the case is listed,” she explains, “along with any associated matters.” Bypassing magistrates would, in her view, result in “no delays, no duplication of resources, and no completely pointless listings.”
The veteran barrister describes her proposal as “radical, but common sense.” With government ministers and senior judiciary desperate to curb the crisis-level case backlog, the idea of ending arguably obsolete hearings may gain traction. Doing so could noticeably unclog both magistrates and crown courts, letting stretched judges focus on substantive rather than ceremonial matters.
Harnessing Technology
Some observers suggest that rather than entirely eliminating the magistrates court process for serious crimes, it could be shifted online. Defendants on bail could potentially make their initial appearance via video link for the brief formality of sending the case to crown court. However, others question if investing in new systems would be worthwhile for hearings devoid of real function.
If we are serious about delivering speedier justice, pointless hearings need to become a thing of the past.
– Internal legal source
Test of Political Will
Whether the bold reform gathers momentum may hinge on the political mettle of the Justice Secretary and Lord Chancellor. An internal legal source acknowledged that “challenging conventions always meets resistance” but maintained “timely justice must trump stubborn tradition.” The source added, “If we are serious about delivering speedier justice, pointless hearings need to become a thing of the past.”
With the Crown Prosecution Service and courts straining under the weight of an unprecedented case buildup intensified by the pandemic, the government is under immense pressure to find innovative solutions short of a bailout. Empowering crown courts to take the reins sooner on the most grave charges may prove a compelling option. For now, all eyes will be trained on Whitehall to see if calls for such a shake-up gain steam.
