In a decisive move to address a staggering backlog of over 80,000 criminal cases, Justice Secretary David Lammy has announced the removal of restrictions on court sitting days across England and Wales. This initiative aims to accelerate the judicial process and reduce the delays that have plagued the system.
Funding for Increased Capacity
The government is set to fund an unlimited number of court sitting days in the upcoming financial year, a significant step welcomed by criminal barristers and legal experts alike. Following discussions with Lady Chief Justice Sue Carr, Lammy confirmed that every crown court would be empowered to hear more cases, thereby alleviating some of the pressure on the criminal justice system.
Historically, caps on sitting days have been imposed to manage budget constraints and staff shortages within the Ministry of Justice (MoJ). However, the recent announcement signals a shift in strategy, with the MoJ aiming to increase the number of sitting days from 111,250 to 113,000 this year alone.
A Comprehensive Funding Package
Alongside the lifting of caps, the government has agreed to a £2.8 billion settlement for the courts and tribunals for the financial year 2026/27, a rise from £2.5 billion the previous year. This funding includes £287 million earmarked for capital investment to repair dilapidated court buildings, which have long hindered the judicial process.
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 crucial for the timely resolution of cases involving complainants, witnesses, and defendants alike.
Caution from Legal Advocates
While the funding and policy changes have garnered praise, some legal advocates urge caution. The Law Society acknowledged the funding package as a positive development but stressed that it may not be sufficient to entirely clear the backlog or resolve ongoing infrastructural issues.
Fiona Rutherford, chief executive of the advocacy group Justice, welcomed the measures yet expressed concerns about potential cuts to jury trials. “These welcome moves contrast sharply with the unnecessary damage cutting juries would bring,” she stated. Rutherford emphasised that any restriction on the right to a jury trial could undermine public trust and lead to increased miscarriages of justice, particularly affecting marginalised communities.
Future Announcements Expected
Lammy is expected to unveil additional reforms focused on improving efficiencies, particularly those identified in the second part of Sir Brian Leveson’s review, which includes the potential for remote hearings. “Investment alone will not be enough to deliver timely justice,” Lammy noted. “It must be combined with our pragmatic reforms and modernisation efforts.”
Why it Matters
This announcement reflects a critical response to a pressing crisis in the UK’s criminal justice system. By removing the cap on court sitting days, the government is taking significant steps to restore public confidence and ensure that justice is delivered promptly. However, it remains imperative that these efforts are accompanied by comprehensive reforms to address underlying issues, including jury trials and infrastructure, to truly modernise the system and safeguard the rights of all who interact with it.
