The Government has published its response to the Independent Review of the Criminal Courts, setting out how it intends to address sustained pressure on the criminal justice system. The response follows the review led by Sir Brian Leveson and combines investment with proposals to change how cases are allocated, managed and heard.
What has the Government published?
The Ministry of Justice’s response sets out its position on recommendations from Sir Brian Leveson’s independent review of the criminal courts. The review was commissioned to consider longer-term reform of the criminal justice system and ways to improve efficiency.
Part one of the review, published on 9 July 2025, made 45 recommendations focused in part on structural reform and ensuring cases are dealt with proportionately. Part two, published on 4 February 2026, made 135 recommendations aimed at improving court processes, making better use of technology and strengthening leadership and accountability across the criminal justice system.
The Government says its approach rests on three connected strands: investment in court capacity, structural changes to reduce pressure on the Crown Court, and modernisation intended to help cases progress more efficiently. The full government response sets out its position on individual recommendations.
How serious is the Crown Court backlog?
The response reports that the open Crown Court caseload stood at nearly 81,000 cases in June 2026. Almost 24,000 had been waiting for a year or more. The Government says the number of cases waiting over a year was growing by around 1,000 each quarter.
According to the response, delays affect victims, witnesses and defendants, while complex cases and large volumes of digital evidence place further demands on the courts. It also notes that one in four Crown Court trials in 2025 was ineffective and could not proceed on the day, for reasons that can include parties being unprepared, directions not being complied with or defendants not being brought to court on time.
- The independent review is commissioned.
- Part one of the review is published, setting out 45 recommendations.
- Part two is published, making 135 recommendations focused on efficiency.
- The open Crown Court caseload reaches nearly 81,000, with almost 24,000 cases waiting at least a year.
What structural reforms are proposed?
The Government says the Courts and Tribunals Bill is intended to ensure cases are heard at the appropriate level according to their seriousness and complexity. The measures are designed to reduce demand on the Crown Court while reserving its capacity for cases that require it.
The proposals include removing defendants’ right to elect Crown Court trial for triable either-way offences. Under the plan, magistrates’ courts would decide the appropriate venue, and the requirement for a defendant’s consent before a case can be sent back from the Crown Court to the magistrates’ court would also be removed.
The Bill would increase magistrates’ maximum custodial sentencing powers to 18 months or 24 months for single and multiple triable either-way offences respectively. The Government says this would allow more cases to remain in the magistrates’ courts for trial and sentencing, without changing the statutory maximum penalty for any offence.
Another proposed change would replace the automatic right to appeal criminal proceedings from the magistrates’ courts to the Crown Court with a permission stage. Appeals would focus on a specific issue identified in the original proceedings rather than a full rehearing.
The Government also proposes judge-alone trials for eligible, suitably technical and lengthy fraud and financial cases. The response says these cases would need to meet specified conditions, including an ordered preparatory hearing. The stated aim is to free up jury-trial capacity for cases where it is needed.
What investment and capacity measures are planned?
The response says Crown Court sitting days have been uncapped for the 2026/27 financial year. Magistrates’ courts have been funded for 125,800 sitting days in 2026/27, compared with 114,000 allocated in 2025/26.
- Open Crown Court caseload 81,000 Nearly, as of June 2026
- Cases waiting a year or longer 24,000 Almost
- Magistrates’ court sitting days 125,800 Funded for 2026/27
- Court estate investment £287m Across all jurisdictions this year
The Government also points to up to £34 million more a year for criminal legal aid advocate fees, alongside £116 million a year for criminal legal aid solicitors. It has announced a scheme intended to deliver up to 100 additional criminal barrister pupillages each year.
Separately, £287 million is being invested in the court estate for repairs and digital upgrades. The response also refers to £550 million for victim support services over three years and £23 million for specialist Crown Court provision for rape and sexual offences.
The Government says it plans to increase the magistracy to 21,000 by 2028/29, supported by more regular regional recruitment and a national taskforce. Recruitment is also under way across judicial roles, including Circuit Judges, District Judges (Magistrates’ Courts) and Recorders.
How will technology and case progression change?
The response places technology at the centre of its efficiency plans. The Government says it is developing a single digital Justice ID to support more consistent monitoring of cases and outcomes as individuals move through the justice system.
It also plans to expand the use of AI tools, including Justice Transcribe, and explore tools for translation and other operational tasks. In the Crown Court, AI-enabled systems are being developed to identify case-readiness issues, help caseworkers prioritise work and support listing decisions. The response says tools will be subject to testing for accuracy, reliability, security and bias.
Remote hearings are also part of the plan where they are in the interests of justice. The response points to a more consistent national approach to live links and says this may reduce unnecessary travel and make better use of court resources.
From autumn 2026, every Crown Court centre is due to be supported by dedicated case progression staff. Their role will include identifying outstanding actions early and resolving routine issues before they cause a hearing to be delayed. A National Listing Framework took effect on 1 October 2026, while HMCTS is developing scheduling functionality for the Common Platform case management system.
The Government also says it will work with the police and Crown Prosecution Service to improve early decisions, information sharing and the quality of case files, and will examine the framework for out-of-court resolutions to consider how appropriate cases can be dealt with without a court hearing.
What does the response mean for the legal profession?
For solicitors and other criminal practitioners, the proposals signal continued emphasis on early case preparation, timely exchange of information and identifying issues before a hearing date. Changes to case allocation, appeals and magistrates’ sentencing powers could also affect where proceedings are heard and how some cases progress.
The proposed use of AI and digital case-management tools may change routine administrative processes, but the Government says their use should be safe and responsible and subject to evaluation. The response also recognises the importance of a sustainable legal workforce, including investment in legal aid fees and additional pupillages.
These are the Government’s stated plans and proposals; the structural changes in the Courts and Tribunals Bill remain subject to the parliamentary process. The publication sets out the Government’s response to the review, rather than confirming that every proposed reform has been implemented.
Frequently asked questions
When was the Government’s response published?
The Ministry of Justice published its response to the Independent Review of the Criminal Courts in October 2026.
Who led the Independent Review of the Criminal Courts?
The review was led by Sir Brian Leveson. Part one was published in July 2025 and part two in February 2026.
What is the proposed change to jury trial elections?
The Government’s response supports a measure in the Courts and Tribunals Bill to remove defendants’ right to elect Crown Court trial for triable either-way offences, with magistrates’ courts deciding the appropriate venue.
Will magistrates receive greater sentencing powers?
The proposals would increase the maximum custodial sentence available to magistrates’ courts to 18 months or 24 months for single and multiple triable either-way offences respectively.
Are the proposed reforms already law?
Not all of them. The response describes a mix of measures already under way and proposed structural reforms. Measures contained in legislation remain subject to the parliamentary process.