Criminal Courts: Backlog of Cases

11. What steps his Department is taking to reduce the backlog of cases before the criminal courts.

We are already seeing the results of our efforts to tackle the impact the pandemic has had on our justice system. In the magistrates courts, the caseload is close to recovering to pre-pandemic levels and, as we have just heard, in the Crown court the outstanding case load has reduced from around 61,000 cases in June 2021 to around 58,700 cases at the end of November 2021. I can confirm that in the next financial year we expect to get through 20% more Crown court cases than we did in the year previous to covid.

Will my hon. Friend update the House on how his Department is working to ensure we maximise use of the current court estate, including courtrooms not used during the pandemic, and what view he takes on the continued role of Nightingale courts to address the backlog?

My hon. Friend speaks with great expertise as a former criminal solicitor. In terms of Nightingales, as I have said, we extended 32 Crown Nightingale courtrooms until the end of March and we are taking steps to extend individual Nightingale courtrooms on a case-by-case basis. He makes the crucial point about the existing estate in our courts, which is where the custody cell capacity is, and we need that to come back into use.

Two key decisions were made to help us to bring those rooms back into use. First, last summer we came out of lockdown at the earliest opportunity while others were suggesting we should remain in lockdown. Secondly, this Christmas we did not panic, we did not lockdown and we listened to the data. If we had gone with the recommendation from the Labour party in the Administration in Wales, we would have had 2-metre social distancing back in our Crown courtrooms. Fortunately, I spoke to the Counsel General in Wales, and they took measures to be more flexible and were able to keep the courts open, which is why the backlog is now falling.

So I can look forward to Chorley courts being reopened—excellent.

The average time between a victim reporting a rape and the case coming to trial has just hit a record high of more than 1,000 days, thanks to the Government’s courts backlog. Many rape victims live in fear of being confronted by their attacker if they have to wait so long for the case to come to trial. Can he tell victims why the delay in getting justice is still far too long?

The volume of convictions for rape has actually just increased, but I hear what the hon. Gentleman says about timeliness. As the Minister of State, Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) pointed out earlier, the backlog is now falling. It has fallen significantly in the Crown court, but of course we will continue to take steps to improve it. We have taken a whole range of positive steps to battle the backlog. Importantly, we have taken the Judicial Review and Courts Bill through the House: his party opposed it. We keep coming up with constructive measures to deal with the backlog, but the Opposition oppose them and fail to come up with any constructive suggestions of their own.

I am afraid that to many victims who are waiting nearly three years for their case to come to trial that response will sound very complacent. The Bar Council has told the Government that their proposal to give magistrates more sentencing powers could make the backlog even worse because it would lead to more defendants choosing to go to Crown court, where there is already a very significant backlog. Are the Government making a bad situation worse because they do not have a clue what they are doing or because they have gone soft on crime?

We are not going to take any lectures on being soft on crime from a party that voted against our measures to toughen sentences for serious sexual and violent offences. Labour Members voted against that in the Police, Crime, Sentencing and Courts Bill, so we will not take any lectures. The key thing is this: we keep taking positive measures—we have mentioned the super-courts and the Nightingale courts—and they keep opposing them. They have not yet come up with a single constructive suggestion. We are putting the investment in place, with £477 million in the spending review. At some point the hon. Gentleman will have to come up with a constructive suggestion, not just carp from the Opposition Benches.