Ministers have announced an increase in the number of days funded for judges to hear criminal cases in an effort to address the unprecedented backlog in Crown Courts across England and Wales. The Ministry of Justice has confirmed that judges will now be funded to preside over more courtrooms than before. This decision comes as two critical reports highlight the failures of the justice system, particularly in its treatment of victims.
Currently, there is a record backlog of 73,000 unresolved cases, with suspects charged with new offences frequently being told that their trials might not take place until 2027 or even 2028. The backlog has also led to a historic high of 17,000 defendants being held on remand, occupying one-fifth of the spaces in overcrowded prisons. The situation is creating a bottleneck that prevents justice from being served promptly.
This crisis has been caused by several factors, including years of cuts to court resources, the impact of the COVID-19 pandemic, and a barristers’ strike over pay. The combination of these issues has led to an overwhelmed system struggling to keep up with the increasing number of cases.
What Impact Are Delays Having on Victims?
The Victims Commissioner, Baroness Newlove, has raised concerns that delays in the justice system are severely affecting victims, leading some to turn to drugs, alcohol, and self-harm. In a recent report, she described justice as feeling “out of reach” for many victims, exacerbating their trauma. She cited the case of a woman who attempted to take her own life after her attacker’s trial was postponed.
Newlove has urged the government to reconsider planned cuts of approximately 4% to crucial victim support services, warning that these cuts could leave victims even more vulnerable. “With funding cuts looming, we face the very real threat of reduced support,” she stated. “I fear this will drive some victims to give up on seeking justice altogether – a second injustice compounding the first.”
Victims of crime often endure long waits before their cases are heard, making it difficult for them to move on with their lives. The uncertainty and prolonged suffering add to their trauma, making it imperative for the government to act swiftly. Many support organizations have reported that victims are giving up on pursuing justice because they feel abandoned by the system.
What Are the Government’s Plans to Address the Crisis?
The government has announced that judges will now be able to hear Crown Court cases for up to 110,000 days in total, a measure ministers hope will help reduce the backlog. Justice Secretary Shabana Mahmood acknowledged the severity of the issue, stating: “This government inherited a record and rising courts backlog, with justice delayed and denied for far too many victims. Bearing down on that backlog is an essential element of our Plan for Change, bringing offenders to justice to keep our streets safe.”
Mahmood also emphasized that the government’s ongoing review of how to accelerate the criminal justice process would play a crucial role in reducing delays. The review aims to identify inefficiencies in the court system and propose solutions that will speed up proceedings. However, critics argue that the government must take bolder and more immediate action to tackle the crisis.
Is This Funding Enough to Fix the Problem?
Despite the additional sitting days, legal professionals argue that the measures may not be sufficient to address the scale of the crisis. Baroness Sue Carr, the Lady Chief Justice, previously told Parliament that there were enough judges available to sit for 113,000 days a year, but a cap on sitting days had severely impacted case scheduling.
Mary Prior KC, chair of the Criminal Bar Association, stated that 110,000 sitting days had been the minimum requirement since 2022. “We welcome these additional sitting days,” she said. “But to do our collective best to reduce the backlog, we must ask for uncapped sitting days in the Crown Court for at least the next five years.”
Similarly, legal experts have pointed out that the state of the courtrooms themselves presents another obstacle. “There’s not much point in opening courtrooms if I’m sitting there and the ceiling is leaking on my wig,” remarked one defence barrister. “If juror number four is sitting there in a hat and scarf because they’re freezing, how can they concentrate on a murder or rape trial?”
The backlog is also affecting the efficiency of the entire criminal justice system. Defendants held on remand are spending longer periods in prison awaiting trial, adding to the overcrowding crisis in jails. Many of these individuals may eventually be found not guilty, yet they are forced to spend months or even years in custody before their cases are resolved.
What Are the Wider Implications of the Crisis?
A separate report from Parliament’s Public Accounts Committee has criticized the Ministry of Justice for accepting worsening court delays until the recommendations of a major review by retired judge Sir Brian Leveson are implemented. The report warns that the courts are unable to keep pace with the number of new cases being processed.
Sir Geoffrey Clifton-Brown, chair of the committee, described the findings as “a terrible indictment of our criminal justice system” and called for urgent government intervention. “The government urgently needs to reorganize the system to aspire to that world-class standard for which the UK used to be renowned,” he said.
If delays continue to worsen, the entire legal system could be at risk of collapse. Trust in the justice system is eroding as both victims and defendants face years of waiting for their cases to be heard. The impact extends beyond the courtroom, affecting families, communities, and public confidence in law enforcement.
What Happens Next?
While the extra sitting days may provide temporary relief, experts warn that more extensive reforms are needed to resolve the backlog fully. Calls for uncapped sitting days, increased investment in courtroom maintenance, and improved victim support services continue to grow as stakeholders urge the government to take bolder action.
With thousands of victims and defendants waiting years for justice, the pressure is on for the government to deliver real and lasting change to the criminal justice system. Many legal professionals argue that a long-term strategy is needed to ensure that the backlog does not continue to grow. Investment in digital court systems, better scheduling, and increased recruitment of judges and legal staff are among the proposed solutions.
The future of the justice system depends on immediate and decisive action. If the backlog is not addressed effectively, the consequences could be severe, not just for those directly involved in cases but for society as a whole. The government must prioritize the issue and implement meaningful reforms that will restore faith in the criminal justice system.
