The Ministry of Justice is failing to take the urgent action it needs to reduce a record-high backlog of cases in crown courts, a group of MPs has said.
In a stern report today, the Public Accounts Committee said the backlog stood at an unprecedented 73,105 open cases in September – 10% more than the previous year.
The MPs said the government had agreed with its statement that "justice delayed is justice denied". But despite acknowledging that it cannot meet demand within the crown court’s current capacity, the MoJ has said it intends to wait for the outcome of an independent review of the criminal courts that was commissioned in December before taking action. The review, which is being led by Sir Brian Leveson, will not report until the autumn, which the MPS said "will delay reforms by many months".
PAC has accused the department of “tinkering at the edges” in the meantime by reacting to issues as they arise rather than putting long-term solutions in place.
“We have repeatedly heard that changes in one part of the criminal justice system have consequences elsewhere, yet for two years MoJ sidestepped its role in overseeing the system when the Criminal Justice Board, which brings together partners from across the criminal justice system to set strategic direction, did not meet at all,” it added.
PAC chair Sir Geoffrey Clifton-Brown MP said the report – which also notes the population of defendants on remand waiting for their cases to be heard is at its highest level for 50 years – is a "terrible indictment of our criminal justice system".
"These are shocking statistics involving sometimes innocent people which should be carefully scrutinised to see how the system could be improved," he said.
The report emphasises the “devastating” impact of long waits for cases to start, delays and the last-minute postponement of cases.
The MPs said they are especially concerned about victims of rape and serious sexual offences (RASSO) and violent crimes, given that delays are “inflicting additional distress on people who have already experienced terrible trauma, and leading many to withdraw from cases”. As of September, there were 11,574 open sexual offence cases and 3,291 adult rape cases in the crown court.
They noted that in the year up to June 2024, 59% of victims of adult rape cases dropped out of the justice process pre-charge – with research by the victims’ commissioner showing this is often down to victims’ unwillingness to prolong their trauma through long court cases that may not even lead to a conviction.
“There are measures that MoJ can and is taking to mitigate the impact of delays, including additional investment of £41m in victim support services and working with the judiciary on prioritising RASSO cases, but more remains to be done to alleviate the impact of the backlog on the most vulnerable victims,” says the report, which implores the department to work to reduce the number of hearings in cases of serious sexual and violent offences that are delayed or postponed on the day scheduled.
The report criticises the MoJ for failing to adequately forecast increases in the number and mix of cases being sent to the crown court, and urges the department to make better use of available data to enable it to plan more effectively. Along with HMCTS, the department should use its improved forecasts to update its processes, people and infrastructure to meet demand, it says.
The MPs said the MoJ had not been prepared for a “predictable increase in demand” for crown court time that has followed the recruitment of more than 20,000 additional police officers since 2019.
“MoJ could not tell us what it expects the backlog will be in a year’s time, beyond expecting it to be larger, which further undermines our confidence in their ability to plan for how the courts system may need to adapt,” the report says.
In January, MoJ permanent secretary Dame Antonia Romeo told the committee she expects the crown court backlog will rise over the next 12 months without "significant additional policy changes or changes to the system".
The number of open cases has swelled despite the MoJ announcing at the October 2021 Spending Review that it intended to reduce the backlog in England and Wales from 60,000 to 53,000 by March 2025.
The department secured £477m in that Spending Review to support the criminal justice system’s recovery from measures put in place to prevent the spread of Covid in 2020 and 2021 – including reducing the backlog.
But the MPs said the MoJ and HM Courts and Tribunals Service “could not clearly explain how much has been spent on reducing the backlog or where that spending has been most effective”.
They urged the MoJ to “improve its understanding of how to maximise impact”, to enable it to put forward a convincing bid for the resources it needs in the upcoming Spending Review this spring.
The MPs also demanded that the MoJ use its response to the report – which will come in a Treasury minute – to set out a plan of actions it can start now to address the backlog in the crown courts whilst it waits for the Leveson Review. It should also “rapidly investigate options” for how it might implement reforms that the review is considering, so it can implement them as soon as the review is completed, the report said.
Clifton-Brown said the statistics the committee had uncovered in its inquiry are "disappointing".
“For a country where the common law originated, we should aspire to have the best functioning criminal justice system in the world. All parts of the system must act optimally together," he added.
The report comes as the MoJ has announced that crown court judges will sit for a collective 110,000 days in the next financial year – 4,000 more than the previous year – in an effort to speed up cases.
However, the department's announcement noted that "only reform to how the criminal courts operate" can bring the backlog down, pointing to the Leveson Review.
Justice secretary Shabana Mahmood said: "This government inherited a record and rising courts backlog, with justice delayed and denied for far too many victims. Bearing down on that backlog is an essential element of our Plan for Change, bringing offenders to justice to keep our streets safe.
"Funding a record number of sitting days is a critical first step. But there is more that we must and we will do. I have asked Sir Brian Leveson to consider radical reforms to deliver the swifter justice that victims deserve."