The Crown court backlog has reached a new record, according to data released today by the Ministry of Justice. The government said the latest figures show why jury trials need to be curbed as part of its reform package: the criminal bar said they prove the opposite.
Quarterly figures released today shows the outstanding caseload climbed to 80,203 by the end of December.
Courts minister Sarah Sackman said: ‘With a record-breaking backlog of over 80,000 cases, the Crown court is on the brink of collapse. The scale of this crisis has left victims bearing the brunt of years of neglect, facing devastating delays. Through pragmatic reform, historic investment and increased efficiency, we are pulling every lever at our disposal to drive down the backlog. Victims have waited long enough – and we will deliver the swift, fair justice they deserve.’
The ‘levers’ include restricting the right to a jury trial, which hundreds of lawyers have urged the government not to pull and to focus on efficiency measures instead.
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Andrew Thomas KC, vice-chair of the Criminal Bar Association, said the open caseload has only increased by 1% on the previous quarter. ‘The decline in the rate of increase is before the removal of the cap on sitting days and other measures which will help bring the backlog down.’
Thomas said the government’s projections that the backlog could reach 135,000 by 2035 ‘is beginning to look wildly pessimistic’.
Meanwhile, the backlog in the magistates' court rose by 4% on the previous quarter. The government's reforms would see magistrates hear more cases. Marcus Johnstone, managing director of PCD Solicitors, questioned the ability of magistrates' courts to cope with the 'avalanche of new cases' that would follow curbs on jury trials.
Law Society president Mark Evans said: 'While the Courts and Tribunals Bill progresses, cutting jury trials would do little to ease the backlog. The statistics show that moving more cases from the Crown court to the magistrates’ court is not the answer, as magistrates are already overwhelmed and facing growing delays of their own.'
The bill is currently being scrutinised by MPs before heading back to the Commons chamber for a third reading.
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