Leveson Criminal Courts Review Part 2 Explained

Independent Review of the Criminal Courts Part 2: Key Reforms and What They Mean for Criminal Justice

The publication of Part 2 of the Independent Review of the Criminal Courts marks one of the most significant examinations of criminal justice reform in England and Wales in recent decades.

Led by Sir Brian Leveson, the review addresses long-standing concerns about court delays, case complexity, and systemic inefficiencies. With Crown Court backlogs at unprecedented levels, the report proposes a range of structural and operational reforms to improve efficiency while maintaining fairness in the criminal justice system.

You can read the official publication here:
https://www.gov.uk/government/publications/independent-review-of-the-criminal-courts-part-2

Why the Independent Review Was Commissioned

The Independent Review of the Criminal Courts was commissioned in response to growing pressure on the criminal justice system, particularly the rising backlog of Crown Court cases. Delays in investigations, charging decisions and trials have created significant challenges for victims, witnesses and defendants alike.

The review recognises that delay within the criminal justice system risks undermining public confidence and increasing the likelihood of cases collapsing before trial.

While increased funding is identified as part of the solution, the review concludes that financial investment alone cannot resolve the crisis. Instead, it proposes a combination of structural reform, improved efficiency and greater use of technology.

Key Themes From Part 2 of the Leveson Review

Improving Efficiency Across the Criminal Justice Process

A central theme of the review is improving how cases progress from investigation through to trial. The report highlights inefficiencies across police investigations, prosecution decision-making, disclosure processes and court case management.

Recommendations include improving collaboration between police and prosecutors, strengthening training, and simplifying administrative processes to ensure cases are prepared correctly at an earlier stage.

Reforming Disclosure in Criminal Cases

Disclosure remains one of the most complex challenges in modern criminal litigation. The review recognises that the rapid expansion of digital evidence has dramatically increased the volume of unused material that must be reviewed and disclosed.

To address this, the report recommends:

• Greater use of artificial intelligence to assist with disclosure schedules
• Enhanced disclosure training for investigators and prosecutors
• Stronger judicial case management to encourage early identification of disclosure issues

These proposals aim to reduce delays while safeguarding fairness and preventing disclosure failures.

Expanding the Use of Technology and Remote Hearings

The review places significant emphasis on modernising criminal court processes through digital innovation.

Key proposals include:

• Greater use of remote hearings for preliminary matters
• AI-assisted transcription, translation and document management
• Improved digital case management systems across criminal justice agencies

These measures are designed to reduce administrative delays and improve communication between agencies.

Increasing the Role of Magistrates’ Courts

Another major proposal is to keep more cases within the magistrates’ court's jurisdiction. The review recommends reclassifying certain offences as summary only and expanding sentencing powers available to magistrates.

The aim is to ensure that Crown Court resources are reserved for the most serious and complex cases.

Changes to Crown Court Trial Structures

One of the most widely discussed proposals is the creation of a new Bench Division of the Crown Court. Under this model, some cases could be tried by a judge sitting with magistrates rather than a jury, particularly where shorter custodial sentences are anticipated.

The review also considers expanding the use of judge-alone trials in complex or lengthy cases, particularly serious fraud proceedings.

These proposals aim to reduce trial length and improve case throughput, though they have sparked significant debate within the legal profession.

Addressing Workforce Challenges in Criminal Justice

The review identifies recruitment and retention problems across the criminal justice workforce as a significant factor contributing to delays. These issues affect judges, solicitors, barristers, legal advisers and court staff.

Recommendations include reviewing legal aid funding structures, improving training pathways and introducing staged payment mechanisms for defence practitioners.

The Wider Impact of Criminal Court Reform

Beyond court procedures, the review acknowledges broader systemic issues that affect the efficiency of the criminal justice system. These include mental health provision for defendants, rehabilitation programmes and improvements to the physical court estate, which currently faces a substantial maintenance backlog.

The review emphasises that effective reform requires coordinated leadership across all criminal justice agencies, supported by improved data sharing and technology integration.

What the Leveson Review Means for Criminal Practitioners

Whether or not all proposals are implemented, the Independent Review of the Criminal Courts is likely to shape criminal litigation for years to come.

For defence practitioners, prosecutors and expert witnesses, the review signals an increasing emphasis on:

• Early case preparation
• Greater digital evidence management
• More proactive case progression
• Increased use of technology in court proceedings

The review ultimately reflects a broader shift towards modernisation and efficiency within the criminal justice system.

Conclusion

The Independent Review of the Criminal Courts presents a comprehensive blueprint for reforming how criminal cases are investigated, prepared and tried. Its central message is clear: without significant structural reform, increased efficiency and targeted investment, delays within the criminal justice system will continue to grow.

While some proposals remain controversial, particularly those relating to jury trials, the review highlights the urgent need for reform to maintain public confidence in the administration of justice.