Criminal Courts: Independent Review

Linsey Farnsworth Excerpts

Tuesday 14th October 2025 Westminster Hall

[Linsey Farnsworth (Amber Valley) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Efford. Intervention to fix the Crown court backlog is needed now. Without radical reform, things will only get worse; but in my submission this situation presents an opportunity to present the positive case for modernising our system.

The changing nature of crime is recognised by all agencies in the criminal justice system. This is an opportunity to change the criminal justice system so that it is fit for the modern day. The system has been modernised many times over many years. That is why we have the Crown court system in operation and no longer the courts of assize or quarter sessions, which made way in 1972. Later, we got rid of old-style committals for trial, so that witnesses did not have to give evidence twice. Those are the sorts of modernisation efforts that can improve the criminal justice system for the modern world. At this time, we have a key opportunity to both deal with this crisis and modernise the system.

I am conscious of time, so I will make a few brief observations from Sir Brian Leveson’s very thorough report. First, I ask the Minister to be cautious about what sorts of cases can be expanded into the domain of out-of-court resolutions and, in particular, the deferred prosecution scheme. It would not, for example, be suitable for domestic abuse cases, particularly as there is no requirement for the defendant to have an admission of guilt. We have to think about faith in the criminal justice system and the manipulative nature of domestic abusers, who often promise time and again to change before going back to their old ways. Furthermore, the use of bad character evidence often underpins a prosecution for domestic violence, and we would need to consider how a deferred prosecution might impact that.

We have heard about the removal of the right to elect for offences with a maximum sentence of two years. It would be imperative that the magistrates retained their power of committal for sentencing if they felt, having heard all of the evidence, that a sentence in excess of 12 months would be required.

The reclassification of offences is less attractive and more troublesome, because dropping some offences to summary-only would mean a maximum sentence of 12 months. The Sentencing Council is careful to ensure public and statutory consultations, so that the wider public and criminal justice professionals are consulted when it looks at sentencing guidelines, but this would effectively reduce maximum sentences for a number of offences. Careful consideration must be given to that.

Again, it would not be suitable for domestic violence or abuse cases to fall within that reclassification. Breaching a non-molestation order, which is one of the offences listed as potentially forming part of the reclassification, has a maximum sentence of five years. We would be reducing that down to 12 months, which would lead to a lot of concern from practitioners.

I will leave it there, but there is a lot more to be said and I look forward to future debates.