When most people think of motoring offences, they imagine a quick appearance at the Magistrates’ Court - a fine, some points, maybe a short disqualification. But a series of proposals from the Leveson Report (Part 1) could dramatically reshape how these cases are handled. And it’s not necessarily good news for motorists.
So, What Is the Leveson Report?
The Leveson Inquiry first hit the headlines over media ethics and phone hacking, but tucked away in Part 1 of the report are major suggestions for reforming how our criminal courts operate. Among them is a proposal that could reshape the process for many so-called ‘either-way’ offences - including:
- Dangerous driving
- Drink driving
- Drug driving
- More serious careless driving charges.
These are cases that sit in the middle ground: serious enough to go to the Crown Court, but not so severe that they always do. Right now, defendants often have the right to opt for a jury trial. But under Leveson’s recommendations, that right could be quietly removed for many motorists.
A New Kind of Courtroom: The Crown Court Bench Division
One of the central proposals is the creation of a new courtroom format - the Crown Court Bench Division, or CCBD.
Instead of a full jury trial, these cases would be heard by a judge and two lay magistrates. No jury. No panel of peers.
This model would be used to handle either-way offences where the likely sentence is under three years - which applies to the majority of motoring offences. The aim, it seems, is to ease the burden on Crown Court resources and fast-track cases through the system.
But in speeding up justice, are we risking fairness?
Jury Trials: A Legal Safeguard Under Threat
At the moment, if you're charged with an either-way offence, you have the right to ask for your case to be heard before a jury. And for many of our clients, especially those facing allegations involving technical evidence or procedural issues, that right can make all the difference.
Why?
Because juries tend to understand nuance. They’re more open to reasonable doubt. They’re less likely to rubber-stamp a prosecution that looks shaky under scrutiny.
That matters in situations like:
-
A drug driving charge based on legally prescribed medication
-
A breath test that may have malfunctioned or wasn’t calibrated properly
-
A procedural error by a police officer that calls the whole case into question
-
A case needing expert evidence that takes time to prepare
Under Leveson’s CCBD system, access to a jury would be limited to the most serious cases - meaning many motorists would never get that option.
More Pressure to Plead Guilty – and Fast
As if that wasn’t enough, the Leveson Report also recommends increasing the sentence discount for an early guilty plea - from 33% to 40%.
On paper, it’s framed as an incentive. But in practice? It could push more people into pleading guilty before they’ve had a chance to understand the evidence against them.
We regularly deal with clients who’ve been accused of offences they didn’t commit , or at the very least, where the evidence is weak. But it takes time to get hold of disclosure, chase down calibration records, and instruct toxicologists or medical experts.
If the system becomes more focused on speed and efficiency than accuracy, there’s a real risk that people will plead guilty just to get the whole thing over with, even when they might have a strong defence.
Who Could Be Hit the Hardest?
These changes may sound like admin tweaks, but they could hit some people much harder than others, particularly vulnerable defendants.
At MAJ Law, we’ve represented clients with ADHD, autism, language barriers, anxiety disorders, and learning difficulties. These individuals already face challenges navigating a complex and often intimidating legal system. Take away the right to a jury trial and increase the pressure to plead early, and you’re stacking the deck even more against them.
So, Is This Happening Yet?
Not yet - but the ideas are gaining traction. While the Crown Court Bench Division hasn’t been formally rolled out, elements of Leveson’s thinking have already influenced how cases are being managed, with increasing focus on plea stages and trial efficiency.
That’s why it’s so important for motorists to understand what’s going on - and to get legal advice as early as possible.
Where We Stand at MAJ Law
We’ve always believed that justice isn’t about rushing people through a system, it’s about making sure they’re heard, understood, and treated fairly.
That includes:
-
Time to review all the evidence
-
A chance to build a proper defence
-
The right to a jury, when it matters
-
And protection for the vulnerable
If you or someone you know is facing a motoring charge, whether for drink driving, drug driving, dangerous driving, or anything in between - don’t go it alone. The stakes are too high, and the system is changing.
Need Advice? Let’s Talk.
We offer free, no-obligation legal advice. Whether you’ve just been charged or you’re not sure what happens next, we’ll walk you through your options and explain where you stand.
📞 Call us today on 0151 422 8020 or make an enquiry online
📧 info@majlaw.co.uk
🔗 www.majlaw.co.uk
