The backlog in crown courts across England and Wales has declined due to increased court sitting days and improved case disposal rates, according to data presented by Nick Goodwin, chief executive of HM Courts and Tribunals Service, during a recent parliamentary committee hearing. Goodwin highlighted that the current disposal rate stands at 1.06 cases per sitting day, exceeding the previously assumed rate of 1.0. This reflects both an increase in the number of sitting days and the efficiency of case resolutions, contributing to a notable reduction in the backlog that surged during the COVID-19 pandemic lockdowns.
These figures come amid ongoing debate over the government’s proposed reforms to the jury trial system, which include creating a new tier of offences to be tried without juries. Justice Secretary David Lammy and Courts Minister Sarah Sackman KC argue that this change would accelerate the processing of less serious cases by at least 20 percent. However, critics, including representatives from the Criminal Bar Association, dispute these claims, asserting that no evidence supports the assertion that jury trials are a primary cause of delays.
Riel Karmy-Jones KC, chair of the Criminal Bar Association, emphasized that targeted measures such as lifting the cap on judicial sitting days and increased legal aid fees have been effective in reducing delays without altering the historic right to jury trials. “The targeted initiatives to bring down the backlog in the crown court and to reduce delays are working,” Karmy-Jones said. She further called for greater transparency in the publication of court data, which she argued is essential for informed decision-making on reforms that could affect constitutional rights.
Pressure is mounting on the government to follow through on a promised £34 million annual increase in criminal legal aid fees, intended to address shortages of prosecutors and defence barristers. The Bar Council, representing barristers in England and Wales, called on ministers to implement this funding as a matter of urgency. Kirsty Brimelow KC, the council’s chair, noted delays in the rollout of these financial commitments, which she warns could lead to further departures from the criminal bar and exacerbate delays.
Data shared by the council indicates a decline in the number of barristers relying predominantly on criminal legal aid income over recent years, although this trend partially reversed after a fee increase in 2022. Yet, there has been a near 25 percent decrease in specialist King's Counsel since 2017-18, raising concerns about expertise gaps in the system.
The future of the government’s courts reform bill appears uncertain, as political developments following local elections could prompt a reevaluation. Sources suggest ministers are preparing contingency plans that might involve abandoning the judge-only trial provisions while retaining expanded powers for magistrates. This potential shift reflects ongoing efforts to balance efficiency improvements with the preservation of traditional trial rights amid a deeply divided legal community.
