Scrapping jury trials for some offences may be only way to clear court backlog, says CPS watchdog chief
“Removing the right to trial by jury” and “intermediate courts” may be the only way to clear the crown court backlog in England and Wales, the chief inspector of the Crown Prosecution Service Inspectorate has said.
Speaking exclusively to Sky News, Anthony Rogers says “radical action” is needed urgently.
“The number of cases waiting to be heard in the crown courts is the highest it’s ever been.
“It’s bringing significant pressure into the whole system. Those we inspect, the Crown Prosecution Service, are under the greatest pressure I’ve ever seen in 25 years of the existence of the inspectorate.
“The thing that worries me more is I can’t see an end to it. I can only see an increasing backlog.”
There are 73,105 outstanding criminal cases waiting to be dealt with in the crown courts, according to the Ministry of Justice.
Mr Rogers says: “If you’re going to fix a problem on this scale, it needs a radical solution.
“It could be anything from removing the right of election to jury trial.
“It could be looking at an intermediate court between the magistrates court and the crown court, radical could literally mean changing the way that we look at the criminal justice system.”
Anthony Rogers, the chief inspector of the Crown Prosecution Service Inspectorate, speaks to Sky’s Ashna Hurynag
Both suggestions are being considered under a ‘once-in-a-generation’ independent review announced by the government last week.
Former High Court judge Sir Brian Leveson is leading the major justice review in an effort to tackle the delays.
The government says “nothing is off the table” as jury trials could be scrapped for some offences and “intermediate” middle-tier courts, made up of a judge and two magistrates, are being looked at.
Both are suggestions Mr Rogers says he would support.
“If you did that you would take 20,000 or 30,000 cases out of the backlog.
“You could start by having the simplest cases in the magistrate court, the more serious cases with probably a judge and two lay members in an intermediate court and then have the crown court reserved for the most serious offences like rape, murder, manslaughter, terrorism for example. That is radical, that would solve the problem.”
‘It was like the court was a circus and he was the ringmaster’
It’s a problem Vicki Crawford knows all too well.
Ms Crawford reported historic sexual abuse to the police in 2018. She reached out to Sky News after she waited five years and eight months for her trial to go ahead.
A gruelling wait, she bravely opened up about it.
“With every hearing and every court date, I was nervous and anxious. I had a headache, I felt sick, I couldn’t sleep. The run up to it was awful. I had nightmares. In the middle of the night, I would wake up having panic attacks. I just couldn’t eat, I just felt awful.”
Vicki Crawford, who has waived her right to anonymity, says her case took almost six years from reporting to sentencing
Ms Crawford’s abuser was jailed for seven years after the trial eventually went ahead in March this year.
She explained to Sky News it felt like he was profiting from the constant adjournments, while she was being tortured by it.
“It was like the court was a circus and he was the ringmaster.”
On at least one occasion the trial was adjourned because her perpetrator claimed to be unwell.
“For me, it felt like he had a lot of control over what was going on during the court process. And it was quite frustrating to watch somebody consistently say I can’t come to court today. For such a serious load of charges, I couldn’t quite understand how he was allowed to get away with that, like so many times.”
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As a survivor of sexual abuse, Ms Crawford is entitled to anonymity for life but told us her reason for waiving it.
“The reason I’m waiving my anonymity is because there are thousands of people just like me, look like me, talk like me, think like me, have the same experiences that I’m having in the court system. And nobody puts a face to those people, so, this is me.”
Watchdog warned of delays since 2019
Mr Rogers told Sky News that inspectors have been warning about delays since 2019.
The crisis in the criminal justice system is mirrored in almost every crown court in England and Wales.
In Leicester, Sky News spent time with barristers and court staff and observed delay after delay.
We heard from a judge so exasperated at cases being pushed back to 2026, witnessed crumbling court infrastructure, spoke to barristers fed up with constant adjournments and spoke to victims stuck in the middle.
An overhaul of the criminal justice system is coming – and for many, it can’t come soon enough.
A workman saved a seven-year-old boy from a burning car in the aftermath of a deadly crash caused by a suicidal ex-pilot, an inquest has heard.
The schoolboy’s rescue came following the collision on the M6, which killed former RAF man Richard Woods and four others, in October last year.
Last week a coroner ruled that Woods, 40, took his own life by deliberately driving his Skoda the wrong way down the motorway while drunk and hitting a Toyota Yaris head-on.
The driver of the Toyota, Jaroslaw Rossa, 42, was also killed, along with his two sons, Filip, 15, and Dominic, seven, and his partner Jade McEnroe, 33.
Cockermouth Coroner’s Court heard on Thursday that Ms McEnroe’s son was also in the car but survived after workman Gavin Walsh came to his rescue at the scene, which was near Tebay services in Cumbria.
In a statement to the inquest, Mr Walsh said he was a passenger in a transit van travelling to Scotland when he witnessed the crash.
He jumped out of the vehicle and used a jack to smash the rear windscreen of the Toyota and pulled the boy out of the burning vehicle.
Mr Walsh said: “We really did try, I can assure everyone we did our best. We only had minimal time.
“I saved a life that day and I hope never to witness anything like that again.”
He added that he has never stopped thinking about the boy, and said: “I hope we will meet again one day and I will give you a massive hug.”
At the time, the family were returning to Glasgow from a trip to Legoland in Windsor, Berkshire.
The inquest heard that Wood, who was travelling at a speed of at least 65mph, would have been charged with manslaughter had he survived.
Recording conclusions of unlawful killing, Cumbria assistant coroner Margaret Taylor said: “I found that Jaroslaw, Jade, Filip and Dominic died as a consequence of the unlawful acts of another driver.”
The inquest heard how Mr Woods, from Cambridgeshire, had served a distinguished 14-year career in the RAF and was a flight instructor for BAE Systems at the time of his death.
Jade McEnroe. Pic: Cumbria Constabulary
Dominic and Filip. Pic: Cumbria Constabulary
In Ms Taylor’s record of inquest, Mr Woods was said to have been experiencing “a number of stressors in his life” and had a “history of harmful use of alcohol”.
Following the crash, he was found to be nearly four times over the legal drink-drive limit and a two-thirds empty bottle of gin was found in his car.
On the day of his death, concerns had been raised over his behaviour at a work conference near Preston in Lancashire.
Mr Woods failed to return to his seat after lunch and was later spotted driving erratically and swerving across three northbound carriageway lanes on the M6.
After pulling onto the hard shoulder, he then proceeded to U-turn and drove southward on lane three.
Filip, Dominic and Jaroslaw Rossa. Pic: Cumbria Constabulary
Detective Sergeant Deborah Story, from Cumbria Police, told the inquest that Mr Woods would have been prosecuted on four counts of manslaughter had he lived.
She said hypothetical charges of murder were considered by detectives but not thought appropriate because of a lack of information that Mr Woods knew the family or anything that provided a link between them.
Ms McEnroe’s parents, Marie McEnroe and George McNellis, told the coroner they thought it was “murder”.
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A statement from the mother of Filip and Dominic, and the ex-wife of Mr Rossa, Kamila, was read out at the inquest.
She said Mr Rossa, known as Jarek, was born in Poland where they became a couple and went on to have three boys.
He loved playing computer games and had “lots of friends”, she said, and worked at the Wagamama restaurant in Silverburn, Glasgow.
She said she was “devastated” over the deaths, adding: “Our lives will never be the same.
“I am heartbroken at the passing of my beloved angels Filip and Dominic.”
Marie McEnroe said her daughter, a spa therapist, had been in a relationship with Mr Rossa for about two-and-a-half years.
She said Jade had been a “brilliant mother” to her only child, was “really happy” with Mr Rossa and it was “lovely chaos” when all the boys were playing together.
Ms McEnroe added: “Life changed forever that day”.
Ms Taylor praised the “selfless acts of bravery” from those in the aftermath of the collision, including Mr Walsh, who she said went towards the burning car “without hesitation for his own safety”.
The coroner added: “Without his swift response, Jade’s child would also have perished.”
Addressing the bereaved family members, she said: “Your loss is unimaginable but you have conducted yourself with dignity and I thank you for that. I wish you strength for the future.”
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.
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