David Lammy, the Justice Secretary and Deputy Prime Minister, has announced a significant policy shift aimed at addressing the substantial backlog of over 80,000 criminal cases in England and Wales. The government will remove the cap on court sitting days, allowing crown courts to operate without restrictions for the upcoming financial year. This move, welcomed by legal professionals, signals a concerted effort to alleviate pressure on the beleaguered criminal justice system.
Unlimited Court Sitting Days
In a bid to expedite the processing of criminal cases, every crown court in England and Wales will now be funded to hear an unlimited number of cases throughout the next financial year. This decision follows constructive discussions with the Lady Chief Justice, Sue Carr, and is expected to significantly reduce delays for defendants, witnesses, and legal practitioners alike.
Historically, caps on the number of court sitting days have been imposed intermittently by the Ministry of Justice (MoJ) as a means of managing budgets and staffing shortages. The MoJ had previously announced an increase in crown court sitting days to 111,250 for the current year, with expectations of further growth to 113,000 due to this latest initiative.
Funding Increases for Justice System
The government also revealed a substantial funding package for the courts and tribunals, amounting to £2.8 billion for 2026/27, an increase from £2.5 billion in the previous year. This includes £287 million allocated for capital investment aimed at repairing and modernising dilapidated court facilities.
Riel Karmy-Jones KC and Andrew Thomas KC, leaders of the Criminal Bar Association, described the removal of the cap as “a brave and significant first step”. They noted that this measure is critical for all stakeholders in the criminal justice process, from complainants to defendants, as it directly addresses the pressing backlog.
Cautions from Legal Experts
However, while the announcement has generally been met with approval, legal experts cautioned against leveraging these changes as a justification for further cuts to essential jury trials. Fiona Rutherford, Chief Executive of the advocacy group Justice, expressed concerns about the potential implications of any future reductions in jury trials, stating that such cuts could undermine public trust and exacerbate miscarriages of justice, particularly affecting marginalised communities.
In addition to these announcements, Lammy is expected to unveil further reforms aimed at improving efficiencies in the justice system, including exploring options for remote hearings, as highlighted in the second phase of Sir Brian Leveson’s review.
“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 mere investment would not suffice; it must be paired with pragmatic reforms to ensure timely justice.
Why it Matters
The lifting of the cap on court sitting days represents a pivotal moment for the UK’s criminal justice system, offering hope for faster resolutions to long-standing cases. As public confidence in justice wanes amid rising backlogs, these measures could restore faith in legal processes, provided they are implemented alongside necessary reforms. The government’s proactive approach marks a critical juncture in addressing systemic issues that have lingered for years, with the potential to reshape the future of justice in the UK.
