The UK government is taking decisive steps to address a staggering backlog of over 80,000 criminal cases, with Justice Secretary David Lammy lifting the cap on court sitting days across England and Wales. This significant move is aimed at accelerating the processing of cases in crown courts, a decision welcomed by legal professionals and stakeholders in the criminal justice system.
Lifting the Cap on Court Days
In a recent announcement, Lammy confirmed that every crown court will be funded to operate without restrictions on the number of hearing days in the coming financial year. This decision follows extensive discussions with Lady Chief Justice Sue Carr and addresses concerns over delays that have plagued the justice system for years.
Historically, caps on court days have been imposed intermittently as a means of managing budget constraints within the Ministry of Justice and coping with staff shortages. The current government plans to increase the number of crown court sitting days from 111,250 to an anticipated 113,000, reflecting a commitment to enhance the capacity of the courts.
Funding Boost for the Justice System
A substantial £2.8 billion funding settlement for courts and tribunals has been agreed upon for the fiscal year 2026/27, increasing from £2.5 billion the previous year. This financial package includes £287 million earmarked for capital investment aimed at repairing deteriorating court infrastructure—an essential step towards improving the overall functionality of the justice system.
Criminal Bar Association leaders Riel Karmy-Jones KC and Andrew Thomas KC described the removal of the cap as “a brave and significant first step.” They emphasised that it is crucial for all parties involved in the criminal justice system, highlighting the relief this change would bring to complainants, witnesses, and defendants alike.
Concerns and Further Reforms
While the Law Society acknowledges the funding measures as a positive development, it warns that they may not be sufficient to fully address the backlog or rectify existing infrastructural issues. Fiona Rutherford, chief executive of the pressure group Justice, expressed cautious optimism but cautioned against using these reforms as a pretext for reducing jury trials, which she argues would undermine public trust in the justice system and potentially lead to miscarriages of justice, particularly for marginalised communities.
Lammy is poised to announce additional reforms on Tuesday, which will focus on enhancing efficiencies as recommended in the second part of Sir Brian Leveson’s review. This includes exploring the potential for remote hearings, a modernisation effort aimed at streamlining court processes.
A Multifaceted Approach Needed
“I have agreed with the judiciary to fund unlimited sitting days in the crown court next year so they can sit at their maximum and so we can turn the tide on the backlog as quickly as possible,” Lammy stated. He underlined that while investment is vital, it must be complemented by pragmatic reforms to ensure timely justice for all.
Why it Matters
The decision to lift the cap on court sitting days is a pivotal moment for the UK’s criminal justice system, signalling a commitment to tackling long-standing delays and inefficiencies. As the government works to alleviate the backlog, the implications of these reforms extend beyond the courts, influencing public confidence in the justice system and the fundamental rights of individuals within it. Ensuring that justice is delivered swiftly and effectively is not merely an operational necessity; it is a cornerstone of a fair and democratic society.