Court backlog surges to record high of nearly 440,000 under Labour

The court backlog has rocketed by 79,000 cases since Labour came to power, official figures show.

By the end of June, the number of cases pending trial in the magistrates’ courts soared to 361,027, exceeding the previous high recorded during the early stages of the Covid lockdowns in spring 2020 for the first time.

It is up more than 71,400 in the year since the general election, data published by the Ministry of Justice revealed.

In the Crown courts the backlog has hit a record high of 78,329, up more than 7,400 since Labour won power.

This increase brings the cumulative backlog in all criminal courts across England and Wales to 439,356 cases awaiting trial, a rise of 78,868 compared to the figure at the end of June last year.

Barristers revealed one trial was offered a date at a west London court in autumn 2029 – four years away.

The case involved a man who was charged last month with an alleged robbery which took place in March.

Riel Karmy-Jones KC, head of the Criminal Bar Association, remarked, ‘Today, Isleworth Crown Court scheduled a case with a trial date set for October 2029.’

‘For years, criminal barristers handling cases involving highly vulnerable individuals have strived to prevent the collapse of this deteriorating system, but it has now reached an unsustainable level.’

‘The solution is to repair the infrastructure of the courts, implement numerous efficiency measures to enhance productivity, and reopen courtrooms that have been closed for a year or more to recover lost time.’

‘We understand that there is political determination at the highest ministerial level to bring hope back to victims and defendants facing long waits for justice. This can be achieved through strategic reinvestment in our courts and criminal barristers, on whom the public heavily depends.’

The Crown court backlog alone has hit more than 78,000, a record high, including more than 4,000 cases of adult rape. Pictured, the Old Bailey in central London

The Crown court backlog alone has hit more than 78,000, a record high, including more than 4,000 cases of adult rape. Pictured, the Old Bailey in central London

The backlog Includes the number of adult rape cases awaiting trial hitting more than 4,000 for the first time.

The rape case backlog is up more than seven-fold in six years and up 31 per cent – or 972 cases – since Labour came to power.

Justice Secretary David Lammy said the 'new record high' backlog was due to the previous government, after cases awaiting trial increased by almost 79,000 since the election

Justice Secretary David Lammy said the ‘new record high’ backlog was due to the previous government, after cases awaiting trial increased by almost 79,000 since the election

Chief executive of charity Victim Support, Katie Kempen, said: ‘Yet another record Crown court backlog means further delays for victims, many of whom are now waiting years for their case to come to trial, their lives on hold while they are denied access to justice.

‘These are not just statistics – they are real people, often struggling to cope, losing faith in the system, and facing serious emotional and psychological consequences.

‘At the same time, vital victims’ services have faced devastating funding cuts in the past year – services which are a lifeline to victims facing lengthy delays, preventing them from dropping out of the criminal justice process altogether.

‘The government cannot allow the backlog to continue growing, while cutting funding for the very services which support victims through the process.’

Justice Secretary David Lammy blamed the previous Conservative government for the rises since Labour won power.

‘We inherited a justice system that has let down victims time and time again, and this Government is determined to right that wrong,’ said Mr Lammy, who is also Deputy Prime Minister.

‘At the same time, vital victims’ services have faced devastating funding cuts in the past year – services which are a lifeline to victims facing lengthy delays, preventing them from dropping out of the criminal justice process altogether.

‘The government cannot allow the backlog to continue growing, while cutting funding for the very services which support victims through the process.’

The Leveson review, published earlier this year, proposed hearing a wide range of criminal trials without a jury.

The Criminal Bar Association said trials are now being listed to start more than four years away, in October 2029. Pictured, a statue of Lady Justice atop the Old Bailey in central London

The Criminal Bar Association said trials are now being listed to start more than four years away, in October 2029. Pictured, a statue of Lady Justice atop the Old Bailey in central London

Instead, suspects would face trial by a judge sitting with two magistrates in a new type of court.

The report said the move would save 9,000 Crown court sitting days a year, freeing up space for more serious cases to be heard in jury trials.

The report did not put a number on the number of trials which would switch to the new court – to be called the Crown Court Bench Division – but it is likely to be thousands each year in England and Wales.

Jury trial would be removed for more than 170 types of crime, including sexually assaulting a child, causing death by careless driving, incest, possessing indecent images of children, firearms offences, importing drugs including Class A substances like heroin, child cruelty, violent disorder, flashing, stalking and house burglary.

The CCBD would deal with cases 20 per cent more quickly than a regular Crown court trial at a ‘conservative estimate’, Sir Brian said, and it would have the same sentencing powers.

Labour has not yet published details of how it intends to proceed with the Leveson recommendations.

The case at Isleworth Crown court, in west London, in which an October 2029 date was offered was not given a fixed trial date due to legal issues, and will return to court next month. 

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