MoJ Warns Crown Court Backlog Will Continue to Increase Without Significant Policy Changes
The government cited COVID-19 restrictions and the 2022 barristers’ strikes as key factors behind the growing backlog.
The senior official warned that unless major policy changes are made, the record-high backlog of criminal cases in crown courts will continue to increase.
During a hearing with the Commons Public Accounts Committee (PAC), MoJ Permanent Secretary Antonia Romeo expressed that this number is expected to grow further.
“Our modeling indicates that—unless significant additional policy changes or system modifications are implemented—the number will surpass its current levels,” she stated.
The caseload has increased by 3 percent compared to the previous quarter and is 10 percent higher than this time last year, with 66,426 cases pending.
This figure is nearly double the 38,016 cases pending at the end of 2019, right before the onset of the COVID-19 pandemic.
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The pandemic led to a significant caseload increase to around 58,000 by March 2022. Romeo disclosed that ministers aimed to reduce it to 53,000 by March 2025, but instead, the figure soared to record levels.
“I’m not suggesting this is a temporary problem. The challenge lies in the unmet demand. We lack the capacity to resolve the incoming cases at the rate they are received,” Romeo explained.
She added that apart from the pandemic impact, the expanding backlog was also influenced by the barristers’ strikes in 2022.
Reforms
To address the rising backlog, the government initiated a review of the courts system in December, led by retired judge Sir Brian Leveson. The review aims to explore solutions for alleviating pressure on crown courts and improving overall efficiency.
One proposed solution is the introduction of intermediate courts to handle cases of moderate severity, to expedite case resolutions by having a judge and magistrates hear the cases instead of a jury.
The review will also assess the possibility of granting magistrates extended sentencing powers to handle more cases and allow crown court judges to focus on serious and complex crimes.
King Charles III greets Permanent Secretary of the Ministry of Justice Antonia Romeo during a reception for recipients of The King’s Award for Enterprise, at Buckingham Palace in London, on June 27, 2023. Aaron Chown/POOL/AFP via Getty Images
Justice Secretary Shabana Mahmood noted that Labour inherited a significant crown court crisis from the previous government. She emphasized the impact of delays on victims who often wait years to see their perpetrator face justice.
“We are obligated to victims to find innovative approaches that expedite justice, enhance safety, and send a clear message to criminals that they will swiftly face consequences,” she stated.
“While we await your extensive and costly review, dangerous criminals are being released, and victims are left in limbo,” he commented.
Looking Ahead
The Leveson review is expected to provide preliminary recommendations in the spring, coinciding with the consideration of former Justice Secretary David Gauke’s sentencing review by ministers.
Gauke will also explore combining punitive measures with effective rehabilitation programs to reduce reoffending rates.
An open call for evidence launched on November 15 highlights initiatives like a Texas prison program where inmates can reduce their release time by participating in rehabilitative activities. This model will be evaluated to enhance sentencing strategies.
PA Media contributed to this report.
