In a significant move to tackle the staggering backlog of over 80,000 criminal cases, Justice Secretary David Lammy has announced the removal of limits on court sitting days in England and Wales. This decision aims to accelerate the processing of cases in crown courts, an initiative that has garnered widespread support from criminal barristers and legal professionals.
Uncapping Court Days
David Lammy’s announcement marks a pivotal step in the government’s efforts to alleviate the growing strain on the criminal justice system. The removal of the cap will enable crown courts to operate without restrictions on the number of sitting days over the next financial year, allowing for more cases to be heard promptly.
This decision follows productive discussions with Lady Chief Justice Sue Carr and signals a commitment to addressing the backlog that has hindered the justice system for years. Prior to this change, caps on sitting days were imposed as a means to manage budget constraints and staffing shortages within the Ministry of Justice.
Funding Increases to Support the Initiative
The Ministry of Justice has also revealed a substantial funding package, increasing the budget for courts and tribunals to £2.8 billion for the 2026/27 fiscal year, up from £2.5 billion. This includes a capital investment of £287 million aimed at refurbishing deteriorating court facilities. As part of this initiative, the number of crown court sitting days is expected to rise from 111,250 to 113,000.
Riel Karmy-Jones KC and Andrew Thomas KC, leaders within the Criminal Bar Association, described the lifting of the cap as “a brave and significant first step.” They noted that this measure would greatly alleviate the burden on complainants, witnesses, and defendants alike.
Concerns About Systemic Changes
While the announcement has been mostly welcomed, some legal experts express caution regarding potential implications for jury trials. Fiona Rutherford, Chief Executive of the advocacy group Justice, highlighted the risks of using this initiative as a pretext to diminish the right to jury trials. She asserted that any move to limit jury participation could lead to widespread distrust in the justice system, especially among marginalised communities.
Lammy is expected to unveil additional reforms aimed at improving efficiencies, including the introduction of remote hearings—an aspect highlighted in Sir Brian Leveson’s review of the justice system.
A Comprehensive 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 emphasised that while financial investment is crucial, it must be paired with modernisation and pragmatic reforms to ensure timely justice.
Why it Matters
The removal of the cap on court sitting days is a crucial development in the ongoing battle against the criminal justice backlog. This decisive action not only aims to expedite the legal process but also restores faith in a system that has faced significant criticism for its inefficiencies. By addressing the backlog, the government takes a vital step towards ensuring that justice is served in a timely manner, which is essential for maintaining public confidence in the legal system.
