Public backs electronic tagging and online crime reporting

However, there was little support for limiting jury trials as part of any sweeping reforms to the criminal justice system.

The poll, conducted by YouGov, also found strong public support for some crimes to be reported online instead of in person or over the phone, with a significant number in favour of virtual court hearings.

The findings are contained in a new report from Crest that sets out the challenges facing the criminal justice system in England and Wales following the Covid-19 pandemic and explains why radical reforms are needed.

The report, Survive. Recover. Rebuild. Justice post Covid-19, calls for investment to clear a growing backlog of court cases; more use of diversion schemes, as an alternative to prosecution; and devolving prison and probation budgets to Metro Mayors.

Harvey Redgrave, chief executive of Crest Advisory, said: “Our report exposes the perilous state of the criminal justice system and why large-scale investment and fundamental reform is needed to prevent it being completely overwhelmed by long-standing problems exacerbated by the Covid-19 pandemic.

“With the survey Crest commissioned showing public support for tagging low-risk offenders and online crime reporting, there is an opportunity for the Government to introduce innovative measures which would go some way to alleviating the problems.

“But further bold action is required – including giving local areas more say over how their justice systems are run – if the courts, probation and prisons are to recover in the years ahead. The upcoming Royal Commission on Criminal Justice is an opportunity to move beyond short-term fixes, building consensus behind a long-term reform and funding settlement that will deliver a justice system that works for victims and keeps us all safe.”

Crest modelling suggests that the drive to recruit an extra 20,000 police officers will lead to more arrests and more prosecutions, adding to a backlog of court cases which has grown during the pandemic.

By 2024, the backlog will be “unmanageable”, with a four-fold increase in Crown Court cases, compared with 2019, and ten times as many cases in magistrates’ courts, according analysis first published last October.

Given the prospect of further lengthy delays, Crest gauged whether there was public support for radical measures to reduce waiting times and streamline the system.

Of the 1,663 adults in England, Scotland and Wales who were surveyed:

• 52 per cent said they would “strongly” or “tend to” support the use of community sentences with electronic tagging as an alternative to prison terms of six months or less – with 24 per cent against the idea;
• 54 per cent back online crime reporting for some types of offences;
• 43 per cent are in favour of holding court hearings virtually – but 27 per cent are opposed; and
• 34 per cent support carrying out probation visits remotely for lower-risk offenders, with 35 per cent against.

However, there was a reluctance to support more fundamental changes to the court system. When asked about removing access to a jury trial for certain offences, 47 per cent said they felt “very” or “fairly uncomfortable” at the prospect, 28 per cent were “comfortable” with it, while 25 per cent said they did not know. People aged 50 and over were most likely (51 per cent) to be against the idea while nearly half of 18 to 24-year-olds (47 per cent) said they did not know.

The survey was carried out online between January 19 and 20 this year.

Mr Redgrave said: “The public are supportive of the need for reform of the justice system, but not at any cost. The right to trial by our peers is a tenet of our justice system and it is clear that diluting it would not command high levels of public support.

“But the enormous backlog in criminal cases identified by our research means there is an urgent need to look at ways in which the process can be made more effective and efficient. Our polling suggests the public do support greater use of digital technology, such as remote hearings, which have grown since the start of the pandemic. The government should prioritise reform in these areas.”

Crest concluded from its modelling that capacity in the system would have to double in order to stabilise the backlog. Since then, the Government has pledged £275 million a year to help bring it under control, but Crest estimates that about £400 million will be needed – alongside far-reaching reforms.

The report, funded by the Hadley Trust, calls for a roll-out of schemes such as Checkpoint in County Durham, where low-level offenders are diverted away from the criminal justice system and given support to tackle the underlying issues of their criminality. It says a new Courts Watchdog should be established to monitor performance – in the same way as police, the Crown Prosecution Service, probation and prisons are independently inspected.

To drive a more “integrated” approach regionally, Crest argues that the Ministry of Justice should return to the “justice devolution” agenda and enable the leaders of combined local authorities, so-called “Metro Mayors”, to control prison and probation budgets and set priorities for the criminal justice system in their area.

The report’s findings have been welcomed by senior figures from all elements of the criminal justice system.

Victims’ Commissioner for England and Wales, Dame Vera Baird QC, said: “As this report makes clear, without sustained and significant investment in the courts system to eliminate chronic backlogs and delays in cases, the implications for victims and witnesses are severe. The adage, ‘justice delayed is justice denied’ is still true today.

“Some of the innovative measures outlined here, such as diverting low-level offenders, are sensible but they must be done by bringing the justice system to victims and ensuring they are heard and their interests represented in any decision on whether a case goes to court or not.

“If we are to deliver justice for victims, there is urgent work to be done and this requires creative thinking from all involved and a whole-system approach.”

Sir Peter Fahy, who was chief constable of Greater Manchester Police from 2008 to 2015, said it was “vital” the Government acted on the recommendations:

“The delays and backlogs of cases identified by Crest in this important and timely report create misery for victims, leave many criminals free to continue their offending and seriously undermine confidence among the public,” he said.

“The report however also rightly identifies the need for more fundamental reform to a system which in the view of many has just not kept up with the changing nature of crime, the needs of victims and accepted research on the drivers of offending and the best way to prevent it.”

Derek Sweeting QC, chair of the Bar Council of England and Wales, said: “Given the many challenges currently faced by the criminal justice system, it’s clear that there needs to be a long-term recovery plan and a new approach that goes beyond the immediate impact of Covid-19.

“The need to future proof our justice system, which this report identifies, is central to tackling the unacceptably high backlog in our courts and creating a resilient and sustainable criminal justice system.”

President of the Prison Governors’ Association, Andrea Albutt, said it was “imperative” that positives come out of the Covid pandemic.

“Recovery should be seen as a launch-pad to change the well-rehearsed but struggling criminal justice system model,” she added.

“An overcrowded prison system, incapable of delivering the rehabilitative environment desperately needed, will not improve with 18,000 extra places. This is the time to define what the purpose of prison really is and build a criminal justice system that delivers this purpose.”

Crest Advisory has put together a short animated video on the problems engulfing the criminal justice system – and some possible solutions