The backlog in magistrates’ courts across England and Wales has worsened significantly, raising concerns about the potential impact of proposed criminal justice reforms aimed at reducing crown court delays. Recent figures suggest that the magistrates’ court backlog increased by more than 16 percent over the past year once certain case types were excluded, reaching an all-time high of 380,230 cases. This represents a surge of over 50 percent since 2022, with the steepest increases reported in London and the northwest of England.

The rise in cases at the magistrates’ level coincides with government plans to transfer some crown court cases to magistrates’ courts and expand their sentencing powers. These proposals, part of broader reforms introduced under former justice secretary David Lammy and continued under his successor Alex Norris, include the controversial idea of replacing some jury trials with judge-only hearings. However, speculation suggests the current government led by Andy Burnham may reconsider or drop the judge-only trial provisions while maintaining the extension of magistrates’ jurisdictions.

Critics argue that shifting more cases to magistrates could exacerbate the existing pressure on an already overburdened system. Unlike simpler ‘single justice procedure’ (SJP) cases, which have seen a decline in backlog and are often decided on paper submissions by a single magistrate, the cases proposed to be transferred will require full benches of three magistrates. This will increase demands on court time and personnel, at a time when there is a notable shortage of justices of the peace.

In response to recruitment challenges, the Ministry of Justice has launched a renewed £4 million campaign to attract new magistrates. This effort, echoing a media drive initiated in April, includes advertising on national television and social media for the first time. Ministers have emphasized that many people already possess the judgment, empathy, and decision-making skills required for the role, urging the public to volunteer. Despite about half of the UK population reportedly believing they have the necessary qualities, the rate of recruitment has not matched expectations.

Andrew Thomas KC, chairman of the Criminal Bar Association, noted that while crown court backlogs appear to be stabilizing—rising by only 0.45 percent in the six months to June—the magistrates’ courts backlog continues to grow substantially. Thomas highlighted that the crown court backlog increased by approximately 18,000 cases, or 9 percent year-on-year, from 2022 to 2025, but efforts such as lifting the cap on judicial sitting days appear to be starting to ease pressure regionally.

Catherine Feast, chief executive of the Magistrates’ Association, stressed the need for increased resources to support magistrates’ courts, including investment in the probation service, legal advisors, court infrastructure, and comprehensive recruitment and retention programs.

A Ministry of Justice spokesperson said the government is addressing the crisis with record levels of investment, technological improvements, and legislative changes through the Courts and Tribunals Bill, aimed at expediting case processing across the justice system. However, many stakeholders warn that without adequate staffing and funding, shifting caseloads may deepen the backlog rather than resolve it.