‘Justice Delayed is Justice Denied’
- Wendy Evans
- May 16, 2024
- 5 min read
Updated: May 20, 2024
"Serious Offence Justice Delayed: What is the State of Play with Our Crown Courts Capability and Capacity in 2024/25?
In our hallowed criminal crown courts, where the principles of fairness and equity are meant to prevail, a distressing reality is unfolding in England and Wales. The crown court process is languishing in a state of disarray, with lengthy court backlogs casting a dark shadow over the pursuit of justice. As trials are delayed, and sentencing is postponed, the very essence of a timely and efficient legal process is compromised, leaving victims, defendants, and the public at large in a state of frustration and despair.
The Growing Crisis for Crown Courts:
The twin effects of the pandemic, the 2022 barristers’ strike (which I was supportive of), a shortage of judges and criminal lawyers have affected the functioning of the criminal courts in recent years, with hearings delayed and the case backlog growing to record levels.
As I write this article, Both Blackpool and Preston Magistrates Court are closed due to the discovery of RAAC (reinforced autoclaved aerated concrete). The crown courts which conduct more serious or complex hearings and, crucially, jury trials are facing major challenges and the case backlog has now reached a record 89,937. As such, the crown court is facing a productivity crisis that has continued to increase the backlog. This has increased waiting times, with 28% of cases in the backlog waiting for over a year, and 10% waiting over two years. With demand projected to increase, this must change if backlogs are to be cleared and the court system is to operate efficiently.
The Institute for Government (2023) identified some striking figures which have been identified below
2.3 billion - the amount spent on HM courts and tribunal service in 2022 to 2023 this is 8.6% lower than the previous year
64,709 - the size of the Crown Court backlog in June 2023 compared to 40,826 in March 2020 making it the highest figure ever recorded
28.3% -the proportion of all cases that have been waiting in the Crown Court system for more than a year compared to 7.2% in March 2020
41% - the size of the real terms decline in criminal legal aid spending since 2011 2012
Some Reasons for the Crown Court Backlog
One reason courts have struggled to process as many cases as they did before the pandemic is that they have become less efficient. The Ministry of Justice records all court cases that are listed for trial as having four potential outcomes:
Effective: the trial goes ahead as planned
Vacated: the trial is postponed ahead of the scheduled date (meaning another case can be listed instead)
Cracked: the trial does not need to go ahead, but this is only decided on the day
Ineffective: the trial does not happen on the day and must be rescheduled.
Since the pandemic, one of the most concerning trends has been the growth of ineffective cases in criminal courts. This is the worst outcome as far as efficiency is concerned, as it means court space goes unused while legal practitioners spend time preparing for cases that do not happen. It is clear that when we look into the detail of the backlog that there is a higher proportion of cases that now require jury trials.
Magistrates’ courts have made progress in starting to clear their backlog, This reflects the largely procedural nature of many of the less serious cases that enter these courts. The situation in the crown court, which handles the more serious or complex hearings and, crucially, jury trials, is much worse.
Problems with buildings and technology Infrastructure have also reduced court efficiency. The Law Society in 2023 has raised concerns over problems with the suitability of courts’ facilities while the Bar Council (2022) has described instances in which leaks, infestations and collapsing walls have blighted court space.
The criminal courts system was severely disrupted by the barristers’ strike, which came to an end in October 2022 after the government extended a 15% rate rise to most criminal cases. Despite this, there is clear evidence of the capacity all barristers being overstretched to breaking point and that the retention of experienced barristers is a significant problem. Judicial capacity has still been described by the Lord Chief Justice as an ‘acute problem’, with shortages of circuit judges in particular affecting London and the Midland crown court circuit. The Judicial Appointments Commission has been unable to fill more than 84% of advertised vacancies.
What Does This Mean for Complainants and Defendants?
Larger backlogs mean complainant and defendants waiting for more time until they can have their cases closed. This is particularly apparent in the crown court. Over the six years before the pandemic, between 40% and 50% of crown court cases were dealt with in less than three months. The log jam of a combination of factors accentuated by the pandemic has meant that a greater proportion of cases now take much longer to be processed. Since the start of the pandemic, the proportion of cases taking over a year to be closed has increased from 7.2% to 28.3%.
Longer waiting times mean people experience a poorer quality of justice. People’s memories fade over time and it becomes increasingly likely that complainants (especially of the most serious offences) withdraw from cases and key witnesses lose confidence to stand before the court. The former victims commissioner, Vera Baird has stated that ‘justice delayed is justice denied’. At the same time there could be arguments that the defendant has not had the right of fair trial contrary to Human Rights protocols (Article 6) due to excessive wait times. Longer waiting times have a wider impact on the criminal justice system too, as they mean defendants spend longer in custody awaiting trial – so placing even more pressure on prisons.
The Call for Review:
The dire state of the crown court justice system in England and Wales demands urgent and comprehensive review leading to key reforms. It is not only about addressing the immediate backlog but also about creating a system that is resilient, efficient, and just.
Investment in Resources:
Adequate funding is the lifeblood of a functional justice system. It is time for a significant investment in resources, including hiring more judges, prosecutors, and court staff. There needs to be significant investment to attract and retain criminal lawyers. The number of duty solicitors providing representation at police stations has fallen by 1,446 since 2017 – a 26% drop. This type of work is not attracting young lawyers, and many legal aid lawyers are leaving criminal defence work because it’s no longer financially viable. If this trend continues, it is predicted that the number of criminal duty solicitors providing crucial representation at the police station will continue to drop, with 42 out of 43 police areas seeing a decline.
Modernizing court infrastructure and embracing technology can also streamline processes and alleviate the burden on an overworked system
Proactive Case Management:
Implementing proactive case management strategies is crucial. Courts must adopt measures to identify and address bottlenecks in the system promptly. This includes regular case reviews, setting realistic timelines, and ensuring that cases are prioritised based on their nature and severity. This of course will only have a positive impact if the court estate has sufficient capacity to accommodate listed trials and reduce adjournments.
Public Awareness and Education:
Building public awareness about the challenges facing the criminal justice system is essential. A well-informed public is more likely to support necessary reforms and demand accountability from policymakers. Education campaigns can dispel misconceptions, foster understanding, and garner public support for the changes needed.
In Summary
Eyes on Crime are concerned that, as the backlog for the more serious offences in the criminal justice system in England and Wales continues to grow, the very foundations of justice are at risk of crumbling. The time for action is now. Comprehensive reform, increased investment, and a commitment to efficiency are essential to restoring faith in the legal system and ensuring that justice is not only blind but swift and accessible to all.
Wendy Evans: Eyes on Crime Contributor
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