Newly released statistics show that the Crown Court backlog has reached a record high.

The review will consider the case for new “intermediate courts” where cases too serious for magistrates’ courts but not serious enough for the Crown Court could be heard by a judge, flanked by magistrates — and without a jury. 

Sarah Sackman KC, the courts minister, said that the UK government told Sir Brian that “no option should be off the table” in considering reform of the courts.

Ms Sackman also said the government was “absolutely clear” that jury trials were “a cornerstone of the British criminal justice system [sic] and will remain so”.

Sir Brian will also be asked to consider whether magistrates should be empowered to look at more cases, freeing up capacity in the Crown Court to consider the more complex, serious crimes.

By reclassifying some offences and extending magistrates’ sentencing powers, certain trials could move to Magistrates’ Courts. This would build on the decision to allow magistrates to hand out custodial sentences for up to 12 months announced earlier in the year.

The review comes as statistics show the outstanding Crown Court caseload has now risen to 73,105 — nearly double the 38,000 seen before the pandemic. 

Sir Brian Leveson said: “I am pleased to contribute to the important task of seeking to address the very real difficulties facing the criminal justice system. A challenge of this scale requires innovative solutions and I look forward to making my recommendations to the lord chancellor in due course.”