Westminster Legal Policy Forum

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Next steps for improving the operation and efficiency of the courts system in England and Wales

Morning, Monday, 28th April 2025

Online


This conference will discuss priorities for improving the operation and efficiency of the courts system in England and Wales, with a focus on addressing the growing backlog in Crown Court cases.


Delegates will evaluate immediate and long-term strategies for streamlining court processes, improving case management, and wider opportunities for reform that align with the broader objectives of fairness and access to justice.


The conference is being organised as an opportunity for stakeholders and policymakers to discuss next steps for addressing issues and potential reform being examined in the Independent Review of the Criminal Courts led by Sir Brian Leveson. Areas for discussion include options for introducing intermediate courts to handle cases of mid-level seriousness, and whether widening magistrates' powers and reclassifying offences could help alleviate pressures on Crown Courts.


With the significant Crown Court backlog, delegates will consider approaches to mitigating the impact on victims, defendants, and legal professionals, particularly in cases such as rape trials where time to resolution is a critical factor. We expect discussion to draw on findings in the NAO's Reducing the backlog in the Crown Court report, on how delays have impacted justice outcomes and operational efficiency.


Looking at the potential introduction of measures to relieve pressure, such as reallocating mid-level cases from Crown Courts to a new intermediate judicial level, delegates will assess issues such as resource distribution, appeals processes, and options for further expansion of magistrate sentencing powers. Delegates will also consider strategies for addressing wider impact of operational pressures on court systems, looking at measures relating to prison capacity and remand periods, and the effectiveness of contingency mechanisms like Operation Early Dawn.


Strategies for addressing further issues which have contributed to trial cancellations and extended wait times will be discussed, including staffing shortages among duty solicitors, police officers, and prison staff. The conference will evaluate ongoing issues related to legal aid, following the recent increase in funding, as well as priorities for further resources, alongside the way forward for recruitment and retention of advocates, remuneration and working conditions. Delegates will consider how barriers to sustainable legal aid provision in civil cases can be addressed, particularly those affecting vulnerable groups, such as those facing housing and immigration challenges.


Further sessions will assess digital transformation and the Ministry of Justice’s Digital Strategy 2022-2025. We expect discussion on the rollout of the new Video Hearings Service, the adoption of pre-recorded victim statements, and what can be learned from international best practice in court digitisation and wider modernisation, including the use of AI. Discussion will also consider how technological advancements can enhance access to justice, and also how concerns relating to public attitudes, access to technology, bias and quality of service can be managed.


With the agenda currently in its drafting stage, overall areas for discussion include:

  • court system reform: considerations for the Independent Review of the Criminal Courts - potential introduction of intermediate courts - magistrate powers and reducing Crown Court pressures
  • case backlog reduction: assessing proposals to shorten wait times - the most serious cases like rape trials - mitigating operational impact of current resource constraints on efficiency
  • legal aid: assessing the increase in criminal legal aid funding - what is needed to alleviate barriers to access to justice - addressing legal aid deserts and recruitment of duty solicitors
  • technology: assessing the MoJ Digital Strategy 2022-2025 and aims for data-driven improvements - rollout of the Video Hearings Service - international benchmarks, including use of AI
  • operational pressures:
    • addressing factors contributing to trial cancellations, including staffing shortages - impact of initiatives like Operation Early Dawn on remand periods and prison capacity management
    • potential reforms to enhance the reliability of court scheduling
  • staffing: recruitment and retention of legal professionals, including criminal duty solicitors - remuneration and working conditions - the role of pro bono services in filling gaps
  • victims and defendants: addressing delays in sensitive cases and the emotional toll on victims - options for improving victim support and safeguarding during prolonged court processes
  • policy coordination: assessing how proposed reforms align with broader objectives of fairness and access to justice
  • resource allocation: determining whether additional judicial and administrative resources are needed to support effective implementation of reforms
  • alternative dispute resolution: the role of arbitration, mediation, and tribunals as alternatives to traditional court proceedings - maintaining integrity in procedures and justice outcomes
  • stakeholder engagement:
    • frameworks for collaboration between government, regulatory bodies, and affected communities in developing more responsive and effective policies
    • ensuring that reforms address the needs of vulnerable individuals and groups


Keynote Speaker

Daniel Flury

Operations Director, HM Courts and Tribunals Service