The Crown Prosecution Service needs to get a grip on cases early to avoid custody time limit failures, the chief inspector has said - after his latest inspection unearthed a culture of fear among staff that has hindered prosecutorial decision-making.

Custody time limits ensure defendants awaiting trial are not remanded for longer than necessary. A 'failure' occurs when the court refuses to grant more time because the prosecution has failed to act diligently or quickly, or a valid application has not been made before the time limit expires.

In a report published today, the CPS inspectorate said staff were concerned about the risk of failure on the public - but also about how the failure would personally reflect on their performance, confidence and careers.

‘This was most marked in the activity of legal managers on the weekly assurance reports, where work entries completed by colleagues were double checked and updates focused on detailing case progression rather than assessing and addressing risk in individual cases,’ the report says.

The inspection was prompted by a rise in custody time limit cases and failures. The number of cases has jumped from 7,493 in April 2020 to 11,411 in 2026. The number of failures reached a peak of 42 in 2023-2024. While the final figure for 2025-2026 has yet to be confirmed, 43 failures had been recorded up to December 2025.

The report acknowledges that digital evidence has made cases more complex and the backlog has caused trials to be routinely listed beyond the 182-day limit.

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Chief inspector Anthony Rogers said custody time limits remain one of the most demanding aspects of CPS casework: ‘That is why we are calling on CPS to ensure processes are simpler, risk-led and applied consistently across England and Wales. CPS needs to prioritise early grip of Crown court cases, implement clearer national tools, and adopt stronger governance, especially on high-risk cases.

‘Fundamentally, the CPS needs to introduce a different approach to custody time limits so they can deliver high-quality case work, increase public trust and ensure they are upholding the fair administration of justice.’

A CPS spokesperson said: ‘Custody time limits are a vital safeguard and our staff take them extremely seriously. Inspectors found CPS lawyers at all levels are highly committed to preventing failures, which remain very rare compared to the volume and growing complexity of cases we handle - particularly in cases of rape and serious sexual offences that we will not shy away from prosecuting.

‘While pressures from the court backlogs continue, we welcome the recommendations and are already reviewing our processes to identify and address high‑risk cases early to make sure justice is delivered as quickly as possible.’

 

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