Expect continued delays in criminal cases as Courts face unprecedented backlog

The current backlog in criminal courts in the West Midlands and across the country is impacting victims of crime, witnesses and defendants as increasing numbers of cases are delayed. Our team has experienced delays in some court cases, so what is causing it?

A report by the National Audit Office (NAO) outlines the effect the Covid-19 pandemic has had on an already stretched criminal justice system. The backlog of uncompleted Crown Court cases, which hears the most serious offences, rose to 60,692 in England and Wales by the end of June this year. According to the NAO report the number of cases not yet completed in the crown courts rose by 45% in the past 15 months alone.

There is little hope for improvement any time soon. It is predicted the backlog will take at least 2 years to clear. That means victims of crime will be left waiting for justice and the lives of those being prosecuted could remain in limbo well into 2024.

Our Criminal Litigations and Motoring Offences Team is seeing the effect of the backlog in some cases. Jas Thiara, Head of Criminal Litigation & Motoring Offences says, “We are concerned about the impact the court backlog could have on our clients. We are seeing significant delays with some cases – the team is working on several trial cases which are already 12 months overdue”.

Jas says the backlog will have a huge impact on the lives of those involved, “One of our clients is still awaiting sentence following a trial in April. Sentencing has been adjourned 4 times in this case, due to lack of court space. It is now expected in November, but 7 months is not an acceptable amount of time to wait”.

The Government’s Beating Crime Plan , published this year, promises more investment in the legal system to address the problems caused by the court backlog.

Despite the Government setting up Nightingale Courts, in response to the Covid pandemic, the backlogs remain significant. Nightingale Courts are temporary courts set up to handle over-spill from traditional courts. For example, locally, Warwick Hotel was used as a Nightingale court to deal with overspill from Warwick Crown Court.

The NAO report acknowledges the Ministry of Justice was swift to react to the pandemic with additional resources and funding. But it notes, while the £62 million spent on criminal court recovery work has reduced the backlog, a further £500 million would be needed in the next few years to bring it below 50,000 cases.

Courts were already struggling with a backlog pre-pandemic, but Covid-19 exacerbated the problem. Lockdown impacted the way we practise law, not just making use of Nightingale Courts but also increasing the number of remote hearings. The court system will need to find new ways to evolve and adapt in its efforts to get things moving again.

We realise all of this makes court hearings an even more daunting prospect. But rest assured, if you are impacted by the court backlog, the team at Alsters Kelley will stick by you, however long your case takes. Ensuring you continue to get the very best support and advice.