Improving efficiency in the criminal justice system

Sir Brian Leveson achieved national fame for chairing his inquiry into the press. Since that work finished, he has been appointed President of the Queen’s Bench Division of the High Court. He is currently leading another inquiry – not one that is hitting the headlines of the press inquiry, but one that could be of considerable importance to the development of the English Legal System. This is the inquiry into efficiency in the criminal justice system. It started work in March 2014 and is expected to produce a first report around the end of 2014.

Its terms of reference are:

‘While taking into account:

a) existing rules and procedures for criminal cases;

b) current initiatives to improve the efficiency and speed of the criminal justice system (in particular recent changes relating to the early guilty plea scheme);

c) the need for robust case management;

d) recommendations made in previous reviews of the criminal justice system, including those not implemented at the time; and

e) Government reforms to the criminal justice system;

1. To review current practice and procedures for pre-trial hearings and recommend ways in which such procedures could be:

a) further reduced or streamlined;

b) improved with the use of technology both to minimise the number of such hearings or, alternatively, conducted (whether by telephone, or internet based video solutions) without requiring the attendance of advocates.

2. To review the Criminal Procedure Rules to ensure that:

a) maximum efficiency is required from every participant within the system;

and

b) any changes proposed are fully supported by the Rules.

3. To report to the Lord Chief Justice within 9 months.

The Inquiry has established three sub-groups to investigate specific themes within these general terms.
Each group is tasked with identifying the problems occurring within its own ‘theme’. Each group is also, perhaps most importantly, tasked with finding a workable solution to each of those problems.

The three sub-groups are:

1) Case Management (Chaired by Professor David Ormerod);

2) Listing & IT (Chaired by Lord Justice Fulford)

3) The Trial (Chaired by Mr Justice Openshaw)

It seems that in the first instance, the inquiry is wanting to go for some relatively easy targets. Thus the website for the inquiry states:
‘In the first phase, the review will examine the extent to which better use could be made of technology – for example holding short hearings by telephone or web or video-based applications. It is expected to identify ways to reduce the number of pre-trial hearings that require defendants in custody and advocates attending court.’

But the work of the sub-group on the trial could lead to quite major changes in the ways in which criminal justice is delivered in England and Wales.

At present the progress of the Inquiry is not clear; the website is not as informative as to the progress made so far. But this blog will keep an eye out for the promised report and comment on its findings in due course.

For more detail see http://www.judiciary.gov.uk/the-president-of-the-queens-bench-divisions-review-of-efficiency-in-criminal-proceedings/