In a decisive move to address the mounting backlog of over 80,000 criminal cases in England and Wales, Justice Secretary David Lammy has announced the removal of the cap on court sitting days. This initiative aims to bolster the efficiency of the criminal justice system and restore faith among those reliant on it.
Lifting the Limit on Court Days
The government’s announcement signals a significant shift in how crown courts will operate going forward. Every crown court across England and Wales will receive funding to eliminate restrictions on the number of hearing days in the upcoming financial year. This change follows extensive consultations with Lady Chief Justice Sue Carr and is seen as a crucial step in alleviating the persistent case backlog.
Historically, the Ministry of Justice (MoJ) imposed limits on court sitting days as a method of controlling budget constraints and staffing shortages. However, these limitations have contributed to delays in the judicial process, prompting calls for reform from legal professionals. The MoJ had already increased the number of available sitting days to 111,250 for the current year, a figure expected to rise to 113,000 following this latest announcement.
Funding for Court Improvements
The government has confirmed a £2.8 billion funding package for courts and tribunals for the financial year 2026/27, an increase from £2.5 billion in the previous year. This investment includes £287 million dedicated to repairing dilapidated court facilities, a move welcomed by many within the legal community.
Riel Karmy-Jones KC and Andrew Thomas KC, leaders of the Criminal Bar Association, described the lifting of the sitting day cap as “a brave and significant first step.” They highlighted its potential to reduce delays for complainants, witnesses, and defendants alike, emphasising that this measure is the most critical action the government can take to manage the backlog effectively.
Concerns Over Broader Justice Cuts
While the funding package has been largely welcomed, some legal experts warn it may not be sufficient to resolve the backlog fully or address systemic issues within the justice infrastructure. Fiona Rutherford, chief executive of the advocacy group Justice, commended the initiatives but cautioned against any moves to reduce the number of jury trials. She stated that limiting jury trials could undermine public trust in the justice system and increase the risk of miscarriages of justice, particularly for vulnerable groups.
As part of ongoing reforms, Lammy is expected to announce further initiatives on efficiency, including the potential for remote hearings. He stated, “Investment alone will not be enough to deliver timely justice, which is why it has to be combined with our pragmatic reforms and modernisation.”
Why it Matters
This announcement marks a pivotal moment for the UK’s criminal justice system, which has long struggled under the weight of extensive backlogs and resource constraints. By lifting the cap on court sitting days, the government not only acknowledges the pressing need for judicial reform but also takes a significant step towards restoring public confidence in a system that serves as a cornerstone of democratic governance. As these changes unfold, their impact on the lives of those navigating the justice system will remain closely monitored by advocates and the public alike.
