Jury trials could be scrapped in some cases after the crown court backlog almost doubled in five years, hitting another record high.
The Government is considering “fundamental reform” of the courts after Ministry of Justice (MoJ) figures showed the number of criminal cases waiting to be dealt with by crown courts in England and Wales stood at 73,105 at the end of September.
Baroness Newlove, the victims’ commissioner for England and Wales, said the figure represented a “failure of our justice system” which “cannot go on”, adding: “Change must come”.
The caseload increased 3% on the previous quarter (71,042 cases), 10% on the previous year (66,426 cases) and has nearly doubled since the end of 2019 (38,016 cases), prior to the coronavirus pandemic.
There were 14,865 outstanding sexual offence cases, of which 3,291 were for adult rape allegations, according to PA news agency analysis.
Prosecutors have warned victims are facing waiting times of between two and five years before a case goes to trial, with court listings now running into 2027.
The director of public prosecutions Stephen Parkinson last week described delays faced by victims as “totally unacceptable” and said the wait times in the criminal justice system are “probably worse than I’ve ever known them to be”.
The figures show 5,660 cases have been in the backlog for two years or more at the end of September while just 592 were waiting this long at the end of December 2019.
It means the current figure is at least nine times higher than the number prior to the pandemic.
Some 16,505 cases had been open for a year or more but the MoJ said wait times were overall falling slightly since a 2022 peak.
Snaresbrook Crown Court in London had the largest share of the backlog (3,442) followed by Manchester Minshull Street (2,378) and Maidstone in Kent (2,367).
The latest figures – published on Thursday for the first time in months amid concerns over inaccuracies with the data – prompted the Government to announce it has drafted in retired judge Sir Brian Leveson to carry out a major review of the courts system.
Ministers have suggested that scrapping jury trials in some cases could be among measures considered to cut the backlog.
Newly appointed justice minister Sarah Sackman told reporters it had become “apparent” there was “nothing short of a crisis in the crown court system” in the eight days she had been in post.
“The crown court caseload is at record levels, those levels are rising and if we don’t do anything about it we’ll soon be in the territory of a caseload backlog of six figures,” she warned.
Measures already taken are “barely touching the sides and what’s actually needed is fundamental reform”, she said, adding: “We’ve asked Sir Brian to consider all options.”
Describing the state of the criminal justice system as “dire”, Ms Sackman said the soaring numbers were the result of a combination of factors, including the fallout from the pandemic, as she blamed the “political choices by the previous government”.
“We know that victims are having to live with the psychological harm of the lack of closure and having that trial date hanging over them and in many cases, as we know, pulling out of the process altogether, which itself leads to inefficiency and in some cases to trials collapsing”, she said.
Justice Secretary Shabana Mahmood said the “scale of the crown court crisis inherited by this Government is unprecedented”, adding: “Despite the efforts of judges, lawyers and court staff, we simply cannot continue with the status quo.”
Earlier this week she had hinted at the prospect of jury trials being abandoned in some cases to tackle backlogs in the system, telling broadcasters “we need to think about doing things differently”.
If we are to effect the once-in-a-generation type of reform that is needed to grip the scale of the crisis that we are in, we are going to have to think boldly
While Home Office minister Dame Angela Eagle described suggestions about resorting to scrapping some jury trials as “one quite extreme way of looking at it”, adding: “Dispensing with jury trials is one difficult end of some of the decisions that might have to be made.”
Ms Sackman said jury trials were an “absolute cornerstone of the British criminal justice system and will remain so” as she insisted jury trials “are always going to be available for the most serious crimes.”
“But if we are to effect the once-in-a-generation type of reform that is needed to grip the scale of the crisis that we are in, we are going to have to think boldly,” she added.
Pressed on what changes could be considered, Ms Sackman said: “All options will be on the table. I don’t want to prejudge what he (Sir Brian) may or may not recommend.”
Asked by reporters to acknowledge the announcement to be ministers ordering yet another review – after the Government came under fire for launching so many since taking office – Ms Sackman said: “We’re confronting the scale of the problem.”
Sir Brian is expected to present his findings in the spring, around the same time as ministers are due to consider conclusions from former justice secretary David Gauke’s sentencing review.
Asked if the courts review was being completed quickly enough in light of ministers highlighting the urgency of the crisis, Ms Sackman said: “We’ve got to give Sir Brian sufficient time to carry out a rigorous review. I don’t think that’s an inappropriate amount of time.”
