Courts and Tribunals: Sitting Days

Statement

The following Statement was made in the House of Commons on Wednesday 5 March.

“With permission, I will make a Statement on capacity in the Crown Court.

When this Government took office eight months ago, we received an inheritance from the Conservative Government that was little short of disgraceful: our prisons were in crisis, on the edge of collapse, and our courts faced a record and rising backlog. While the crisis in our prisons was more obvious and visible, the harm caused by the backlog in our courts cannot be overestimated.

Today, the backlog stands at over 73,000 cases. Just five years earlier, it had been half that figure. We should stop and consider that fact, because the backlog is far more than a number. Behind each case is a victim. Many have waited years for justice and some will now not have their cases heard until 2028. With delays that long, it is little wonder that more victims are dropping out, and tragically that is true of victims of the most heinous crimes. Just five years ago, around 3% of adult rape victims whose cases were due to go to trial dropped out before their case was heard. Today, that figure has more than doubled.

An old adage has sadly come true in this country: for far too many, justice delayed is justice denied. Unlike our predecessors, who allowed this backlog to rise and rise, this Government will bear down on it. We will deliver swifter justice for the victims of crime. That starts today with a record investment in our criminal courts.

Each financial year, the Government determine the total number of days that can be sat across all our courts and tribunals, commonly referred to as sitting days. This process is called the concordat. Last year, I committed to concluding the process earlier than in previous years to give our courts greater certainty. We have now done so, several months ahead of last year’s settlement, so today I can announce that the Government will provide a total budget of £2.5 billion for our courts and tribunals in the next financial year. That represents a record level of investment, which will fund up to 110,000 sitting days in our Crown Courts—4,000 more days than the previous Government funded last year. If the shadow Lord Chancellor would like to check the record books, he will find no higher allocation in recorded history.

Beyond the Crown Court, investment in the family and civil courts brings those jurisdictions to, or close to, their maximum capacity, and the investment in court capacity is matched by an investment in court maintenance. Our courts have been allowed to fall into a shocking state of disrepair in recent years, so this Government will boost funding to £148.5 million, up from £128 million last year. That will be the highest figure spent on maintenance and capital works in the last 10 years, building on a consistent theme of this new Government, and it is a marked difference when compared with our predecessors.

In our first eight months in office, we have consistently invested more in the courts than the last Conservative Government. On entering office, I immediately funded 500 sitting days on top of the allocation provided by the previous Lord Chancellor. At the end of last year, when resources allowed, I added a further 2,000 sitting days. In October, this Government also increased the sentencing powers of magistrates’ courts; previously, they could impose only a six-month prison sentence, which we lifted to 12 months. In doing so, we freed up capacity in the Crown Court to hear the most serious cases. That single change was equivalent to adding another 2,000 sitting days in our Crown Courts. All those changes are necessary for the swift delivery of justice.

However, I must be honest, in a way that my predecessors never were: this investment is necessary, but it is not sufficient to reduce the Crown Court backlog. Even with record levels of funding, if we do not take other, bolder measures, the backlog will grow. With a growing number of cases entering our courts and cases of increasing complexity being heard in front of our judges, we cannot simply do more of the same: we must do things differently. In December, I appointed Sir Brian Leveson, one of our most distinguished judges, to conduct a wholesale review of our criminal courts. The review will propose long-term reform as well as reviewing the efficiency and timeliness of court processes from charge all the way through to case completion.

Crucially, I have also asked Sir Brian to address something that too many others have avoided: the question of structural reform. Today, 10% of criminal cases are heard in a Crown Court, where a judge presides and a jury decides. Jury trials are a pillar of our justice system for the most serious offences, and that will never change. However, we must ask ourselves whether they are hearing cases that could be handled equally well elsewhere.

Some cases can already be heard in either a Crown Court or a magistrates’ court, which we call “triable either way” cases. Those represent 40% of the courts backlog, but while a conviction—whether determined by a jury or a magistrate—is the same regardless of the type of courtroom, the demand that it places on our justice system is very different indeed. An either-way case is resolved by magistrates five times faster than before a judge and jury. Justice must be done and criminals must always face consequences—on that, I know this House will agree—but we must be willing to ask whether a judge and jury should be occupied, at great length and expense, with crimes that could be dealt with more swiftly elsewhere.

For that reason, I have asked Sir Brian to consider the case for reclassifying some less serious offences, whether magistrates’ sentencing powers are sufficient and the case for a new court to sit between the magistrates’ court and the Crown Court. His recommendations will come later this spring. His goal and mine are one: to bear down on the backlog and deliver swifter justice for victims. The consequences of failing to do so are all too clear—the backlog in the criminal courts will rise, cases will be listed even further into the future, and more victims of crime will decide that the wait is too painful with justice so distant, and as a result, dangerous criminals will walk free.

Today, we have announced a record investment in our courts: 110,000 sitting days funded, which is 4,000 more than the previous Administration funded. For many victims, their case will be heard sooner, but if we are to deliver swifter justice for all, we must embrace reform. This Government will deliver once-in-a-generation reform of our courts, and we will reverse the decline and the delays of the last Conservative Government. I commend this Statement to the House”.

My Lords, although I recognise and welcome some of the changes the Lord Chancellor has made in this Statement, they are far from sufficient in tackling the court backlog. It is of course tempting for any new Government to blame the outgoing Administration for all they possibly can. For that reason, I want to focus my remarks on what has happened since this Government took office in July last year.

On taking office, the Lord Chancellor was advised that at least 6,500 sitting days were available to tackle the growing court backlog—yet, instead of seizing that opportunity, the Lord Chancellor added only 500 sitting days, and still the backlog continued to expand. In response, the Lord Chancellor added a further 2,000 sitting days a month later, but by then the backlog had only worsened. Now, eight months after the Lord Chancellor assumed office, we learned last week that she is still rejecting available sitting days and, in a surprising admission, she conceded that the court backlog will only continue to grow. This is simply inexcusable.

The Lord Chancellor said that victims will receive quicker justice—yet victims of serious crimes such as rape are being told that their cases will not be heard until 2028. This is not just a matter of inconvenience or inefficiency; it is a failure to deliver the justice that victims deserve and expect. So it is critical that we act now, before the backlog expands further. It is vital that we fully maximise our court capacity, utilising every available day and exploring every possible avenue within the judiciary to relieve pressure and create additional capacity—there of course being a distinction between system capacity and judicial capacity.

I am confident that the Minister understands the importance of this. Cutting the court backlog will undoubtedly be a difficult task. However, it is essential that we have a clear plan and timetable for when this backlog will fall. So will the Minister tell the House by what date the Government expect the backlog to fall? Will he explain exactly why the Lord Chancellor did not, or will not, take up the 2,500 additional sitting days offered by the Lady Chief Justice? I look forward to hearing a clear and positive response.

My Lords, the Statement describes the Government’s inheritance from the last Administration on Crown Court capacity as little short of disgraceful. It was worse than that: it was an utter disgrace. Sadly, even with the measures announced in the Statement, an utter disgrace it remains. A once great system of criminal justice, admired internationally, has sunk to a level of service that has produced unpardonable delays; decrepit courts—and not enough of them; and underpaid and demoralised staff and lawyers. Offenders are in custody on remand for unacceptable periods and prosecutions are dropped on many occasions because victims and witnesses lose heart and abandon cases, lacking the confidence that they will ever see justice. When trials eventually happen, they are bedevilled by lapse of time and witnesses’ failing recollection. Overall, the level of public trust in our criminal justice system as a whole is rightly, abysmally low.

Furthermore, the system would be even worse were it not for the tireless commitment of those who work within it, mostly underrewarded staff, lawyers and, in particular, our committed, indefatigable and independent judiciary, who struggle to keep the courts working with some semblance of order against overwhelming odds.

This Statement represents a move in the right direction. To that extent, we welcome it, but it is not enough. The Secretary of State and Lord Chancellor recognise that. As the noble Lord, Lord Cameron, said, she has acknowledged that, even with the funding and measures she has announced, the backlog will grow. She pins her hopes on more radical measures of structural reform that may or may not be proposed by the Leveson review. These will take place only when the review has reported and its recommendations have been implemented. Far more extensive measures are needed now to bring down the backlog.

There is, after all, no significant saving of resources in keeping people hanging around for long periods—often running to years—with their lives largely on hold because we cannot get cases to trial. I do not question the Government’s recognition of the seriousness of the crisis they inherited and we now face, but I do question the lack of urgency.

My Lords, first, I welcome the noble Lord, Lord Cameron, to his current role. This is the first time I have encountered him speaking from the Dispatch Box.

The Government inherited a record and rising backlog that now stands at 73,000 cases—twice the figure of five years ago. As the noble Lord, Lord Marks, said, there is a human cost to these delays. Victims are waiting years for justice and the attrition rate in rape cases has more than doubled in the last five years, from 2.9% in 2019 to 7.5% now—so I recognise the figures he quoted. This Government are funding a record allocation of Crown Court sitting days to deliver swifter justice for victims—110,000 sitting days next year, which is 4,000 more than the last Government funded.

The noble Lord, Lord Cameron, asked me a number of questions. Basically, the question was why we were not maximising the number of sitting days and taking up the Lady Chief Justice’s offer, as he put it, of sitting at capacity in the Crown Court system. There are two simple answers to that. One is a cash constraint—and I think we need to acknowledge that the Lord Chancellor has wider responsibilities than the courts and has to balance how the money is spent on the whole criminal justice system. We acknowledge that there are serious issues, and we have increased the number of sitting days. The second point is that it is wise to keep some headroom within the Crown Court system. We saw the benefit of that when we had the riots last year and were able to deal with them really quite quickly, in part because of the policy of keeping some headroom within the Crown Court system.

The noble Lord, Lord Marks, rightly said that trials are bedevilled by delays, and he was right when he said that victims drop out of the system and there are many problems because of the many delays within our system. The noble Lord mentioned the concordat process. It is worth noting that that process has been accelerated this year; it has been resolved much earlier in the year than in many previous years, which will give more certainty to the judges when they are planning and allocating their sitting days between the various courts. That is the benefit of the system that the Lord Chancellor has introduced.