The idea of "intermediate courts" is being floated as a way to reduce court backlog
Law Society of England and Wales President Richard Atkinson has criticized the “intermediate courts” idea being floated as a solution to court backlog, reported the Law Society Gazette.
Under the intermediate courts concept, a single judge supported by two magistrates would be appointed to hear cases that are considered too serious for magistrates’ courts but not adequately serious for Crown courts.
Atkinson said that the Law Society remained unconvinced of the idea as a “silver bullet” to address the court backlog problem.
“Removing appeal rights and eroding the fundamental right of jury trial by your peers for serious offences are major constitutional changes which require careful consideration. Nor are we convinced that intermediate courts are the silver bullet to solve the backlogs,” Atkinson said in a statement published by the Gazette. “They will take considerable time and resource to introduce and may severely impact other parts of the system. If there are the personnel, physical and financial resources available we think they may be better of being invested in the existing court structure immediately.”
He pointed out that Crown courts tackled only approximately five percent of all criminal cases.
“This measure would not address the rapidly increasing backlog in the magistrates’ courts where most cases take place,” Atkinson said.
Matthew Hardcastle, a partner at London firm Kingsley Napley, backed Atkinson’s view, adding that the idea of intermediate courts was “akin to spending time and energy designing a new ship while the current vessel is sinking.”
“It offers a way forward, but it is of little use if the holes in the hull mean that you are sunk before the new ship is seaworthy,” Hardcastle said in a statement published by the Gazette.
By contrast, Clyde & Co partner Charles Kuhn, who was previously in the Financial Conduct Authority’s enforcement and financial crime division, indicated that he was in favor of the intermediate courts idea, seeing it as an “overdue” solution. Magistrates’ Association chief Mark Beattie also supported the concept, pointing out that magistrates handle more than 90 percent of criminal cases.
“Jury trials, while a historic element of the justice system, are significantly more expensive and more time-consuming compared to other countries. We estimate it to be 5-17 times more expensive and taking 2-3 times as long as in Germany,” Kuhn said in a statement published by the Gazette. “Adopting a hybrid model where certain cases are handled by judges and magistrates could be a realistic way to alleviate these pressures without compromising justice.”
Ex-Queen’s Bench Division President Sir Brian Leveson has been appointed to conduct a criminal court review to address the issue of court backlog, which has peaked at 73,105 cases. Leveson is set to share his initial recommendations to Lord Chancellor Shabana Mahmood next year.
