Leveson’s narrow pursuit of justice

Abstract

Sir Brian Leveson’s Review of Efficiency in Criminal Proceedings (2015) represents the latest judicial effort in England and Wales supporting executive attempts, under the guise of ‘efficiency’ measures, to scale back protections traditionally afforded to criminal defendants and has dramatic implications for the maintenance of accurate case outcomes. This includes the integrity of the prosecution process, in particular the reliability of CPS decision-making; the quality and completeness of the disclosure regime; the culture of the CPS; and its management and oversight. This article will argue that the Review adopts a narrow approach to ‘efficiency’ which takes no account of the interest in the accuracy of verdicts, as set out in Rule 1.1.(2)(a) of the Criminal Procedure Rules, and will have no bearing upon the ‘real inefficiencies’ of the process. What appears to be the core of the Review is in fact floss surrounding its competing ambition: shifting cases to magistrates, intensifying pressure to plead guilty, marginalizing the defence, and diminishing jury trial.

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