Crime: A London (Firms) Overview

Over a year into Sir Keir Starmer’s Labour government, the promises of reform and renewal remain a central theme. Yet persistent issues are frustrating justice for those who are awaiting their day in court.

On 5 September 2025, following a cabinet reshuffle, David Lammy MP was appointed as Lord Chancellor and Secretary of State for Justice, succeeding Shabana Mahmood MP. His appointment came nearly eight years to the day after the publication of his Lammy Review, an independent review into the treatment of, and outcomes for, Black, Asian and Minority Ethnic (BAME) individuals in the criminal justice system. It will be interesting to see if his tenure brings with it a renewed focus on the disparity in treatment, experiences and outcomes for marginalised groups in the justice system.

The Crown Court backlog remains at a record high, with statistics from June 2025 showing an open caseload of 78,329. This unprecedented volume continues to cause substantial delays for both victims and defendants, with some trials now being listed as far ahead as October 2029, and in certain cases, even into 2030. The Ministry of Justice announced in October 2025 that Crown Court sitting days will increase to a total of 111,250 in 2026, an additional 1,250 sitting days compared with the previous year.

The October 2025 BBC Panorama documentary Undercover in the Police exposed a culture of misogyny and racism within the Metropolitan Police Service. Filmed undercover at Charing Cross Police Station, the programme revealed harrowing examples of toxic behaviour that have damaged the public trust and confidence in the Service. These revelations follow a series of high-profile scandals, including the Charing Cross Police Station WhatsApp scandal in 2022, and the murder of Sarah Everard by a serving officer in 2021.

Meanwhile the Netflix drama, Adolescence, drew attention to the behaviour of young people online and the ease with which harmful interactions can quickly move from the computer screen into real life. With artificial intelligence playing an increasingly significant role in both online content generation and policy discussions, attention now turns to how the government will respond to the proliferation of graphic and harmful content accessible to children. Many commentators have argued that the Online Safety Act 2023 is already outdated and fails to address the social media platforms’ algorithms that push extreme content. It is hoped that forthcoming provisions in the Crime and Policing Bill may begin to address some of these shortcomings.

The increase in cross-border criminal offending has prompted the government to explore new approaches to combating serious and organised crime. In July 2025, it introduced the Global Irregular Migration and Trafficking in Persons Sanctions Regulations, and has made increasing use of existing sanctions regulations to target cyber-related offences. Whether, in a time of domestic court crisis, the government will continue to expand its use of sanctions to combat criminal offending will be something to watch out for over the next 12 months.

Finally, Part 2 of the Independent Review of the Criminal Courts by Sir Brian Leveson is due to be published in autumn 2025. The wide-ranging review proposes substantial reform, and the government response and implementation will be eagerly awaited.

Key Updates and Developments

A key development affecting all participants is the introduction of new Criminal Procedure Rules that came into force on 6 October 2025. Whilst not a revolutionary development, the update represents the first update and consolidation of the Rules in five years, and it therefore is a significant milestone in the ongoing modernisation of criminal procedure.

In September 2025, the Ministry of Justice published new guidance on the introduction and amendment of criminal offences and penalties. This guidance clarified the government’s approach to assessing whether changes to existing offences or the introduction of new offences are warranted, and will serve as an important reference point when interpreting future policy announcements and legislative proposals.

The three key Bills to follow this year are as follows:

• The Crime and Policing Bill seeks to address anti-social behaviour and the use of offensive weapons, and introduces several new offences, including the assault of retail worker, child criminal exploitation, and cuckooing. It also proposes reforms relating to public protests, such as new offences prohibiting possession of flares and fireworks, the wearing of face coverings, and climbing on designated memorials. In addition, the Bill also contains a clause clarifying that women will not commit an offence in relation to actions concerning their own pregnancy.
• The Victims and Courts Bill contains key provisions to compel a defendant to attend their sentencing hearing, a reform aimed at improving accountability and supporting victims.
• The Terminally Ill Adults (End of Life) Bill would legalise assisted dying in the United Kingdom, marking a significant shift in the law on end-of-life care.

Sentencing remains a key focus of the government’s legislative agenda. In September 2025, the Sentencing Bill was introduced, requiring the Sentencing Council to obtain approval from the Justice Secretary before issuing new guidelines. The move follows former Justice Secretary Shabana Mahmood’s criticism of a “two-tier” approach to sentencing. The Bill also proposes extending the maximum custodial term that can be suspended from two years to three, creating a presumption in favour of suspended sentences for terms of less than 12 months, reflecting the Gauke Review’s recommendations.

The government has also expanded its deportation powers to ease pressure on the overcrowded prison estate. According to the Ministry of Justice, foreign prisoners account for 12% of the total prison population. In June 2025, the threshold for deportation eligibility was lowered from 50% of the served sentence to 30%. The proposed change, once enacted, would allow deportation of prisoners before any portion of their sentence has been served.

The Law Commission is also due to report on its consultation on the future of criminal appeals, including the role of the Criminal Cases Review Commission (particularly after the Andrew Malkinson case). The review follows several high-profile overturned convictions in this last year, including Peter Sullivan and Justin Plummer. The consultation is expected to recommend reforms to the appellate framework, and the final report with recommendations is due in 2026.

Criminal Cases in the Supreme Court

It is relatively uncommon for criminal cases to reach the United Kingdom’s highest court. This year, alongside the high-profile appeals of Tom Hayes and Carlo Palombo, the Supreme Court also considered the case of Layden, a case addressing the two-month statutory time limit for re-trying a defendant following an order of the Court of Appeal.

In November 2025, the Supreme Court is scheduled to hear R vABJ and BDN, which concern the elements of the offence under Section 12(1A) of the Terrorism Act 2000, in particular, the requirement of “knowledge of proscription”, and its intersection with the right to freedom of expression as enshrined by Article 10 of the European Convention on Human Rights. Whilst the case arises from alleged support for Hamas, it carries broader significance in light of recent protests following the Home Secretary’s July 2025 proscription of Palestine Action. The Metropolitan Police Service has since called for enhanced powers to address demonstrations linked to proscribed organisations, citing high numbers of arrests of individuals under the Section 12(1A) offence.