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National

Crown court backlog in England and Wales hits new record high

By: PA News

Published: 09:50, 12 December 2024

Updated: 14:22, 12 December 2024

The Government is considering “fundamental reform” in the courts after the crown court backlog almost doubled in five years, hitting another record high.

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.

The caseload increased 3% on the previous quarter (71,042 cases), 10% on the previous year (66,426 cases) and has close to doubled since the end of 2019 (38,016 cases), according to the Ministry of Justice (MoJ).

(PA Graphics)

The department published the figures for the first time in several months on Thursday amid concerns over inaccuracies with the data.

It means past court backlog data has also been revised.

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The latest figures 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 had earlier suggested jury trials could be scrapped in some cases amid efforts considered to cut the backlog.

Newly appointed justice minister Sarah Sackman told reporters: “I’ve been here for eight days, and in that eight days it’s become apparent to me that there is nothing short of a crisis in the crown court system.

“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.

The “reality” of measures already taken is that this is “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 coronavirus 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.

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Earlier this week, Justice Secretary Shabana Mahmood 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”.

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 was 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”, adding: “I don’t think that’s an inappropriate amount of time.”

Sir Brian said: “I am pleased to contribute to the important task of seeking to address the very real difficulties facing the criminal justice system.

“A challenge of this scale requires innovative solutions and I look forward to making my recommendations to the Lord Chancellor in due course.”

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