I'd love to see some of these things considered in the sentencing review! Not clear yet what the remit of that is going to be, but hopefully it will take a broad approach: problem-solving courts, deferred sentencing and prosecutions and treatment orders all offer potential solutions to CJS crisis.

So that’s my take. Now it’s open season: tell me why I’m wrong!

Consequences are profound and don't just apply at the point of sentencing. Victims will decide if they’re willing to press on with cases, defendants will decide whether to exercise their right to a jury trial, child custody decisions will be made as people sit in cells awaiting trial.

If they implement this, the gov should commit to review it in say 18 months, like the prison early release scheme, to understand impact and decide whether to keep it. Much better to be clear about a plan to do that now, rather than introduce it as a permanent measure then reverse it (again!)

I’d love to see the MoJ modelling on the impact on the prison population. This is really complex to do: the impact will change over time as cases are heard and people in prison move from being on remand to serving their sentences.

Ideally, I’d combine it with other measures – like a presumption to suspend short sentences (as proposed in the Tories’ Sentencing Bill). This could mitigate or reverse any rise in people serving custodial sentences but still ease pressure on the Crown Court, and hopefully cut reoffending.

Unpopular opinion: I’m not necessarily opposed to this. Real concerns magistrates’ courts will give harsher sentences. But with '000s of people in prison for months or years waiting for a trial because of the dire state of courts, this might be the lesser evil. www.theguardian.com/law/2024/oct...

Ministers to give magistrates in England and Wales more sentencing powers

Exclusive: Plan to cut backlogs by doubling maximum term from six to 12 months was tried before by Tories

“Some of us just want the printers to work,” noted one NHS hospital doctor. on.ft.com/3U7Hd7O

‘It slows everything down’: NHS doctors warn of safety risks from creaking tech

Plans to digitise health service must first tackle ‘flip a coin’ nature of equipment across UK, say medical staff

The decline absolutely can be reversed, but it requires sustained political will and investment. Some pretty clear steps gov could take to improve things: removing sitting day cap, commit to a long-term workforce plan for legal professionals, increase legal aid rates. A lot hangs on the budget!

Excellent FT article on the terrible situation in criminal courts. Police not investigating and charging crime gets more attention, but the sad truth is for many crimes, the state of the courts risks making police investigations irrelevant www.ft.com/content/e111...

How the English courts reached breaking point

[FREE TO READ] A record backlog of criminal trials has left lawyers ‘drowning in cases’. Henry Mance goes in search of the answers