Justice chiefs have been “tinkering at the edges” of the courts crisis and failing to deliver a plan to bring the record backlog of cases down, MPs say in a damning new report.
The Crown Court backlog has spiralled to more than 73,000 cases with the system mired in chronic delays and some trials being listed as far away as 2028.
The Ministry of Justice (MoJ), which once harboured ambitions of bringing the backlog down to 52,000 by this month, is now predicting the pile of cases in the system will continue to grow over the next year.
On Wednesday, the MoJ announced £28.5 million of extra funding in the courts and 110,000 days in the next financial year, starting in April.
But that announcement come at the same time as a new report from the House of Commons Public Accounts Committee (PAC), which criticised the department for failing to take more action to tackle the crisis.
Sir Brian Leveson, a retired High Court judge, is locked in an independent review of the courts, with a brief to suggest radical reforms to the system to bring down the delays.
But those reforms have not yet been proposed, and are likely to go out to consultation before any action is taken. A second, separate review of criminal sentencing is also underway, but delivery of changes is similarly some months off.
MPs, in their report, said the MoJ accepts “justice delayed is justice denied”, but came to the conclusion: “We are not convinced that it is taking the urgent action required to reduce the backlog of cases in the Crown Court.”
It is acknowledged within the government that the backlogs will continue to grow even if the courts at full capacity, and radical reform is now the only option.
“We are deeply concerned about the devastating impacts the backlog has on victims of crime and their families, in particular victims of Rape and Serious Sexual Offence (RASSO) cases, who often must endure long waits for cases to begin and postponements to court hearings”, said the MPs’ report.
“MoJ attributes the pressure on the courts system to the consequences of the recruitment of over 20,000 additional police officers since 2019, leading to more crimes being prosecuted, and to a shift in the overall caseload to more complex cases that take longer to conclude.
“The rate of cases being concluded is not keeping pace with the number of new cases coming in. MoJ was not prepared for the predictable increase in demand for Crown Court time, and has been unable to adapt its approach sufficiently to meet that demand.”
The report is critical of the stance that big changes should wait until Sir Brian’s review is complete, and added: “MoJ is tinkering at the edges, reacting to each new issue that affects the courts, without planning for long–term solutions.
“We have repeatedly heard that changes in one part of the criminal justice system have consequences elsewhere, yet for two years MoJ sidestepped its role in overseeing the system when the Criminal Justice Board, which brings together partners from across the criminal justice system to set strategic direction, did not meet at all.”
The MPs added they believe a better understanding within the department of how much money is currently being spent directly on tackling the backlogs would help future pitches to the Treasury for more funds.
The report comes hot on the heels of a damning assessment from Victims Commissioner Baroness Newlove that record Crown Court delays are deepening the trauma of victims and making many feel like justice is “out of reach”.
Chairman of the PAC committee, Sir Geoffrey Clifton-Brown, said: “Our report is a terrible indictment of our criminal justice system and the Government urgently need to reorganise it to aspire to that world-class standard for which the UK used to be renowned.”
He warned of the “particularly severe consequences” for some victims and their families, as victims of rape and serious sexual offences can wait for three years or more for cases to come to trial.
The report added in the year to June 2024, 59% of adult rape victims dropped out of the justice system pre-charge because research showed they could not bear the trauma any longer.
Announcing increased sitting days for the next year, the MoJ said it is taking “decisive action to repair the justice system it inherited and improve the experience of victims”.
Funding for court maintenance and building is set to increase from £120 million last year to £148.5 million this year.
Lord Chancellor Shabana Mahmood said: “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.
“Funding a record number of sitting days is a critical first step. But there is more that we must and we will do. I have asked Sir Brian Leveson to consider radical reforms to deliver the swifter justice that victims deserve.”
