Court system on 'brink of collapse', former senior judge warns

The court system in England and Wales is "on the brink of crashing," according to a landmark report by Sir Brian Leveson, who warned that emergency measures are needed to prevent a total collapse.

In the second and final part of his Independent Review of the Criminal Courts, published on Wednesday, 4 February 2026, the former senior judge issued 135 recommendations to address a Crown Court backlog that has now reached nearly 80,000 cases.

Sir Brian warned that the system is currently "failing victims" and that the "luxury of time" has run out. He urged the government to adopt his findings as a complete package rather than a "pick and mix" of minor changes.

Key Recommendations: A "Whole-System" Rebuild 🏛️

The report suggests radical changes to how the courts, police, and prisons interact. The most significant proposals include:

Prime Minister's Criminal Justice Adviser: A new statutory role answerable directly to Downing Street to provide a "single vision" for the fragmented justice system.
Jury Trial Reforms: While controversial, Sir Brian reiterated that for certain "intermediate" offences, judge-led or "judge plus magistrates" trials should be considered to clear space for the most serious cases.
Prison Van "Bus Lane" Access: To stop late arrivals from wasting valuable court time, prison escort vans would be legally allowed to use bus lanes in urban areas.
AI Integration: Greater use of AI tools to summarise prosecution cases and streamline digital evidence, which has grown exponentially with mobile phone data.
Legal Aid Reform: An annual review of fees and a new "staged" payment system to incentivise lawyers to engage with cases earlier in the process.

The "Crashing" Backlog: By the Numbers

The report paints a bleak picture of a system struggling under the weight of historic underinvestment and post-pandemic pressures:

The crisis is being exacerbated by a "recruitment boom" of 20,000 police officers without a corresponding increase in the number of judges, barristers, or prison cells to handle the resulting rise in suspects.

Reaction: "Sledgehammer" or "Vital MOT"? ⚖️

The report has received a mixed response from the legal community and political opposition:

The Bar Council & Criminal Bar Association: Welcomed the efficiency focus but warned that axing juries would be a "sledgehammer to justice" with no evidence that it would significantly reduce the backlog. They noted that an average of 64 Crown Court rooms still sit empty every day due to lack of staff.
Liberal Democrats: Justice spokesperson Jess Brown-Fuller MP said the government has "failed to tackle the backlog" and should focus on funding rather than constitutional reform.
Victims' Groups: Voiced "extreme anxiety," noting that 1 in 3 rape trials are now postponed at least once, causing many survivors to abandon their cases.

Lord Chancellor David Lammy stated the government would respond to the 135 proposals in the coming weeks. He insisted that while "efficiencies alone are not a silver bullet," digital modernisation and "whole-system" thinking are essential to "turn the tide on years of neglect."