Criminal Court Reform
The Government deserve credit for taking seriously a serious report into a serious problem, but is it the Justice Secretary’s preference that the changes he has outlined to jury trial will be permanent or that they will recede when the problem of backlogs recedes? In relation to judges alone deciding either-way cases, he knows that Sir Brian’s recommendation is that the presumption should be that there would be judge-only trials for cases where the sentence may be three years or less, but that presumption could be rebutted. Is it the Government’s intention that that should be a presumption and not a definitive rule? Finally, he knows that Sir Brian also recommended that plea hearings be pushed back to allow for advice on guilty pleas to be given more clearly and more fully, and that is likely to increase the number of guilty pleas preventing cracked trials. The Justice Secretary has talked about extra funding for the criminal Bar, but will he focus that funding so that people can be advised early and we can avoid those cracked trials?