Crown Prosecution Service: Ensuring Effective Functioning of the Courts

This Government unfortunately inherited a record Crown court backlog, with the human impact felt most severely by victims. Lengthy delays are much too common and victim attrition much too high. The Lord Chancellor has set out swift action to address that, including by increasing the number of Crown court sitting days and increasing magistrates courts’ sentencing powers to take pressure off the Crown courts.

The effective functioning of the courts relies on sound and sensible sentencing guidelines. In just 12 days, such guidelines will no longer exist and a two-tier sentencing system will come into force on the Solicitor General’s watch. This is the fourth time that the issue has been raised by the Opposition; I hope we will have more luck in securing a direct answer from the Solicitor General. Does she agree with the Justice Secretary that the guidelines will bring in a two-tier sentencing system, and can she confirm once and for all what is being done to stop those sentencing guidelines from coming into force?

I remind the hon. Member that the Conservative Sentencing Minister at the time wrote to the Sentencing Council making it clear that they welcomed the new guidance. Equality before the law is core to the application of the rule of law in this country and a foundational principle of our legal and judicial systems. I am sure that colleagues will welcome the fact that the Lord Chancellor met the chair of the Sentencing Council last week, and they had a constructive discussion around the guidelines.

Justice delayed is justice denied. Will the Solicitor General confirm that the court backlog is rising rather than falling, and can she explain why the Lord Chancellor has not maximised the number of sitting days so that victims of rape and other serious crimes do not have to wait unduly for their cases to be heard?

The criticism would carry a little more weight were it not for the fact that the Conservatives spent the last 14 years driving up the record court backlog. The root causes of the backlog are a direct result of the Conservatives’ choices. The previous Government closed over 260 court buildings, and the record court backlog now stands at 73,000 cases. As we have said, the human cost of those delays is considerable—victims are waiting years for justice. The Lord Chancellor is taking robust action. She has increased the number of Crown court sitting days, increased magistrate courts’ sentencing powers and asked Sir Brian Leveson to lead an independent review of our criminal courts to look at options for longer-term reform. The previous Government did not act; they drove up the backlog. This Government are taking action.

I call the Chair of the Justice Committee.

As the Solicitor General says, the Lord Chancellor has substantially increased sitting days. The lack of a judge is only one reason that courts stand empty. In the first nine months of 2024, 368 Crown court trials were rendered ineffective because the prosecutor failed to attend. What discussions has the Solicitor General had with the CPS on improving prosecutor attendance, so that Crown courts can sit closer to judicial capacity?

My hon. Friend raises an important point. The shortage of counsel is, indeed, a problem and has contributed to the record Crown court backlog. The Crown Prosecution Service is widening their panel, including for rape and serious sexual offences counsel. I have had regular discussions with the chair of the Bar Council around its work to try to ensure that criminal practitioners continue to stay in that line of work. I am also conscious that Ministry of Justice colleagues are very much committed to the sustainability of the Bar and are having regular discussions.

The previous Conservative Government presided over a justice system where 60% of rape victims abandoned their cases, primarily due to the delays in court proceedings. This Government have prioritised victims by allocating a record number of sitting days. Does the Solicitor General agree that despite Opposition Members’ expressions of outrage, their Government failed to tackle the backlog and deliver timely justice to victims?

My hon. Friend is absolutely right. As I have said a number of times, the root causes of the backlog lie with the Conservatives not taking action. It falls to this Government to take action, and it is action we are taking.