The government is considering whether to reduce the number of jury trials in a bid to clear a backlog in the courts system.
Sir Brian Leveson, a senior lawyer, will lead a review into the courts.
It comes as the Crown Court caseload – where all jury trials take place – reached 73,105, almost double pre-pandemic levels.
Sir Brain will look at a range of options, including introducing a new tier of “intermediate courts” where a judge will hear cases alongside magistrates, rather than with a jury.
He will also look at whether some crimes that can be heard in crown courts before juries would be better off being heard before magistrates.
Sir Brian has also been asked to look at “the implication for appeal routes” for any changes he proposes.
Some groups within the legal system have cautioned against the removal of too many jury trials.
Richard Atkinson, the president of the Law Society, welcomed the review from Sir Brian.
But, he said: “Any review must also aim for effective and fair justice, not just efficiency.
“Removing appeal rights and eroding the fundamental right of jury trial by your peers for serious offences are major constitutional changes which require careful consideration.”
Mr Atkinson said the society was “not convinced that intermediate courts are the silver bullet to solve the backlogs” – calling instead for “investment across the whole system”.
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Justice Secretary Shabana Mahmood said: “The scale of the Crown Court crisis inherited by this government is unprecedented. Despite the efforts of judges, lawyers and court staff, we simply cannot continue with the status quo.
“To deliver the government’s bold plan for change and make our streets safer, we require once-in-a-generation reform of a courts system stretched to breaking point.
“In many cases, victims are waiting years to see their perpetrator put before a judge, and we know for many victims, justice delayed is as good as justice denied.
“We owe it to victims to find bold, innovative approaches that will speed up justice, deliver safer streets and send a clear message to criminals that they will quickly face the consequences of their actions.”
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Sir Brian 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 [Ms Mahmood] in due course.”
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According to the government, an initial set of recommendations are expected in spring next year.
Sir Brian will also investigate whether technology and artificial intelligence can help ease the backlog.
