The justice system in England and Wales is facing an unprecedented challenge as the backlog in Crown courts has reached a record high, casting doubts on the government's ambitious targets for clearance.
Newly released figures from the Ministry of Justice paint a concerning picture, indicating that the backlog has soared to 67,573 cases between October and December 2023. This marks a significant increase from the previous year's quarter, with the backlog steadily climbing throughout 2023. Despite efforts to address the issue, the number of outstanding cases open for over a year continues to rise, comprising 28% of the total backlog.
The president of the Law Society - Nick Emmerson - has attributed this crisis to decades of underfunding and cuts, which have resulted in a justice system that is failing both victims and defendants. Victims and defendants are experiencing excruciatingly long waits to access justice, with thousands of cases lingering unresolved for more than two years. The deteriorating condition of courtrooms, coupled with insufficient judges, lawyers and court staff, further exacerbates delays. Additionally, changes to legal aid eligibility criteria and prison overcrowding contribute to the mounting pressure on the justice system.
Despite a 4% decrease in the volume of new cases and a 1% decline in disposals (completed cases), the backlog continues to swell, indicating deeper systemic issues. The Victims' Commissioner for England and Wales - Baroness Newlove - has expressed grave concern over the situation, emphasizing that no victim should endure years of waiting for their case to be heard. Urgent and creative interventions are deemed necessary to address this crisis and safeguard the fundamental right to access justice.
The Law Society of England and Wales has echoed these concerns, warning that the failure to invest urgently in the criminal justice system jeopardises access to justice for all. However, the Ministry of Justice contends that Crown courts are currently handling more cases than at any point since 2019 and the backlog is expected to rise further due to higher caseloads.
Baroness Newlove has highlighted wider systemic problems within the justice system, suggesting that the backlog cannot solely be attributed to pandemic-related disruptions or last year's barristers' strike. Chronic and unacceptable delays are becoming entrenched in the system, posing a significant threat to justice. With 17,790 cases outstanding for a year or more, urgent action is imperative to prevent these delays from becoming normalised.
The staggering backlog in Crown courts underscores the urgent need for comprehensive reforms and increased investment in the justice system. Failure to address these challenges not only undermines the rights of victims and defendants but also erodes public trust in the legal system.
