Crown Court Backlog Hits Record High

As a result, the government has drafted in retired judge Sir Brian Leveson to undertake a major review of the courts system.

Members of the media outside Newcastle Crown Court in Newcastle, England, on Dec. 9, 2024. Owen Humphreys/PA Wire

The backlog of criminal cases waiting to be seen at crown courts in England and Wales hit 73,105 at the end of September, a new record high.

Ministry of Justice (MoJ) figures published on Thursday showed the caseload had increased by 3 percent on the previous quarter (71,042) and is 10 percent more than the previous year, when there were 66,426 cases waiting to be dealt with.

The figure is almost double (38,016) the number of cases that were outstanding at the end of 2019, before the COVID-19 pandemic lockdown.

Snaresbrook Crown Court has the highest number of outstanding cases, at 3,442, followed by Minshull Street Manchester with 2,378, then Maidstone in Kent (2,367), Leeds (2,135), and Newcastle upon Tyne (2,075).

Prosecutors have said that victims of crimes are sometimes waiting between two and five years before a case goes to trial, with listings now running up to 2027.

Justice Secretary Shabana Mahmood said the “scale of the crown court crisis inherited by this government is unprecedented.”

Mahood added, “Despite the efforts of judges, lawyers, and court staff, we simply cannot continue with the status quo.”

‘Fundamental Reform’ Needed

The figures prompted the government to commission a review of the courts system.

The review will be headed by retired judge Sir Brian Leveson, who had previously headed up the inquiry into the press following the News of the World phone hacking scandal.

Justice minister Sarah Sackman said that there was “nothing short of a crisis” in the crown court system, and if action is not taken, “we’ll soon be in the territory of a caseload backlog of six figures.”

Sackman said the record numbers were a result of a combination of factors including “political choices by the previous government” and fallout from the pandemic.

Jury Trials

Leveson will look at whether the UK should introduce intermediate courts, which would see cases too serious for magistrates’ courts but not serious enough for crown courts. These cases would be heard by a judge flanked by magistrates, rather than a jury.

He will also consider whether magistrates should have their powers of sentencing extended again so they can hand out longer and tougher judgments. This would allow them to take up more cases, freeing crown court judges to handle the more serious and complex crimes.

Sackman said that the MoJ has asked Leveson to “consider all options.”

However, she insisted that jury trials were an “absolute cornerstone of the British criminal justice system” and “are always going to be available for the most serious crimes.”

Sentencing Review

Leveson is expected to present his findings in the spring, around the same time former Justice Secretary David Gauke’s sentencing review will be considered by ministers.

The Independent Review on Sentencing will look at expanding the range and use of punishments outside of incarceration, which could see more convicts punished with community service, curfews, and electronic tags.

Gauke will also look into combining punishment with more effective rehabilitation in a bid to reduce reoffending.

The open call for evidence from Nov. 15 points to an example of a jail in Texas where prisoners can earn a reduction in the length of time before they are eligible for release by engaging in rehabilitative activities.

Prison Capacity Crisis

The reviews into the court system and sentencing come as prisons face a crisis in capacity, with the prison estate population set to exceed 100,000 by 2029.

In July, Mahmood announced early release for certain categories of prisoners in a bid to ease overcrowding. The measures were temporary and related to a few thousand inmates, and prisons are still expected to reach critical capacity again by July 2025.

The government this week committed to overseeing the construction of four new prisons by 2031, which in combination with refurbishments and building new blocks in existing jails will contribute around 14,000 new places to the estate.

However, these pledges are largely a continuation of promises made by the previous Conservative government. The previous administration’s plans were for 20,000 new places to be delivered by 2027, but the National Audit Office revealed last week that these plans had only yielded some 6,000 spaces and the plans were over budget and would not come in on time.

People seen outside HM Prison Brixton in London, on Sept. 10, 2024. Jeff Moore/PA Wire

Earlier this week, Mahmood admitted that even with the government’s prison expansion plans, capacity will not be able to keep up with demand.

On Wednesday, she told BBC Radio 4’s “Today” programme that “building alone” will not be enough to deal with overcrowding.

Mahmood said, “We will have to expand the range of punishment outside of prison.”

“That does mean that we will have more offenders monitored outside,” she added.

PA Media contributed to this report.