Thousands more thieves, thugs and drug addicts will avoid court under new plans to ease the crisis in the justice system.
A government review led by former High Court judge Sir Brian Leveson will recommend that ‘out of court resolutions’ are used routinely for ‘low-tier’ including theft, drug-taking and some public order offences.
The move will mean many more offenders will escape with a slap on the wrist, with some not even receiving a criminal record.
One lawyer tonight said: ‘This will give a green light to shoplift and do drugs.’
Sir Brian will also propose increasing the ‘discount’ for a guilty plea from one-third to 40 per cent of an offender’s sentence.
Coupled with recent plans to allow offenders to serve just one-third of their sentence, the move would see some criminals serve less than a fifth of their nominal sentence.
The recommendations, which have been leaked to the Daily Mail, will fuel concerns that Justice Secretary Shabana Mahmood is set to go soft on crime to ease the backlog in the courts and overcrowding in Britain’s prisons.
Sir Brian is also expected to call for an end to jury trials in some cases, including complex frauds.
Former High Court judge Sir Brian Leveson is set to suggest drug-taking and some public order offences should not be punished with prison sentences
Justice Secretary Shabana Mahmood could be set to go soft on crime to help clear prison backlogs, as a result of the review
Suspects charged with mid-level offences like causing actual bodily harm, will lose the right to have their case heard by a jury and will instead go before an ‘intermediate’ court comprised of magistrates and a judge to save time.
Sir Brian’s report will say his recommendations will only be ‘at their most effective’ if the Government also massively increases investment in the Crown courts, the Mail understands.
Ms Mahmood is grappling with huge backlogs in the courts and a prison estate close to bursting.
The backlog surged during the pandemic and hit a record 73,000 cases last year, with some victims waiting years to get justice.
Critics have urged the Justice Secretary to focus on investing in longer court sittings to clear the backlog rather than finding quick fixes to reduce numbers by allowing offenders to face more lenient punishment outside the courtroom.
Out of court disposals can include cautions, fixed penalty notices, rehabilitation courses or sometimes even just a verbal warning or an apology to the victim.
The Magistrates’ Association has previously warned that expansion of their use could undermine public confidence in the justice system.
In a recent report, the organisation contrasted the open court process with the ‘lack of transparency’ around out of court disposals, adding: ‘It is commonly accepted that justice must not only be done but must also be seen to be done to ensure that the public have trust and confidence in the criminal justice system.’
Shabana Mahmood pictured at the new HMP Millsike in March, which began accepting its first inmates the following month
Sir Brian Leveson is set to publish his review on prisons set up by the government this week
The Justice Secretary has been urged to focus on longer court sittings to clear the backlog rather than finding quick fixes. Pictured: Mahmood at HMP Millsike in March
Sir Brian’s proposal to increase sentencing discounts is likely to see criminals serve even less time in jail. His plan would mean that someone whose offence merits a 10-year sentence will receive just six years if they plead guilty at the first opportunity.
Under separate proposals by the former Lord Chancellor David Gauke, they are likely to serve only a third of the sentence, meaning they could be released in just two years, or potentially earlier if they are deemed suitable for release on an electronic tag.
Sir Brian’s report, which is due to be published on Wednesday, will urge ministers to increase the number of sitting days in the Crown courts to 130,000 a year – 20,000 more than currently.
The figure is based on modelling carried out by Sir Brian’s team, it is thought, but Sir Brian adds that he recognises it will ‘not be easy to achieve’.
Such a move would cost the Ministry of Justice tens of millions of pounds a year.
It is unclear at this stage whether money may be available from a £450million uplift for the courts which was set out in Chancellor Rachel Reeves’s spending review last month.
A Ministry of Justice spokesman said: ‘We know that justice delayed is justice denied, and it is clear that many cases are taking too long to reach trial.
‘That’s why we’re backing our courts with record funding and have asked Sir Brian Leveson to recommend once-in-a-generation reform to tackle delays and speed up justice for victims.’
