David Lammy, the Justice Secretary, has announced a significant policy shift aimed at addressing the overwhelming backlog of criminal cases, which currently exceeds 80,000. This move, welcomed by legal professionals, will eliminate the cap on court sitting days across crown courts in England and Wales for the next financial year.
A Bold Step Forward
In a bid to expedite the judicial process, Lammy confirmed that every crown court will receive funding to increase the number of cases heard. This decision comes after extensive discussions with Lady Chief Justice Sue Carr and is seen as a pivotal step towards alleviating the mounting pressure on the criminal justice system.
The lifting of the cap means that crown courts will no longer be restricted in the number of days they can operate, a limitation that has been in place intermittently for years as a response to budgetary constraints and staffing shortages within the Ministry of Justice (MoJ). Previously, the MoJ planned to increase sitting days to 111,250 this year, but this latest announcement is expected to push that figure to approximately 113,000.
Funding for Justice
The government has also secured a £2.8 billion funding agreement for courts and tribunals for the 2026/27 financial year, an increase from £2.5 billion the previous year. This financial package includes £287 million earmarked for capital investments aimed at repairing dilapidated court buildings, a pressing need given the current state of infrastructure in many facilities.
Riel Karmy-Jones KC and Andrew Thomas KC, leaders of the Criminal Bar Association, applauded the decision to lift the cap, describing it as “a brave and significant first step.” They emphasized that this measure is crucial for all stakeholders in the criminal justice system, from complainants to defendants, as it is the most effective way to reduce delays.
Caution from Legal Experts
While the funding and policy changes are seen as positive, some experts urge caution. The Law Society has acknowledged the funding as a step forward but expressed concerns that it may not be sufficient to fully resolve the backlog or address infrastructure issues effectively.
Fiona Rutherford, chief executive of the advocacy group Justice, welcomed the announcements but cautioned against potential moves to limit jury trials. “Restricting the right to jury trial would trample on one of the few parts of the system the public still trusts,” she warned, highlighting the risk of miscarriages of justice, particularly for marginalized communities.
Looking Ahead
Lammy is expected to make further announcements on Tuesday, focusing on efficiency improvements as highlighted in Sir Brian Leveson’s review, including the potential for remote hearings. “Investment alone will not be enough to deliver timely justice,” he stated. “That’s why it must be paired with pragmatic reforms and modernisation.”
The government’s commitment to funding unlimited sitting days signals a proactive approach to a long-standing issue within the criminal justice system.
Why it Matters
This policy shift represents a critical juncture in the UK’s approach to criminal justice. By addressing the backlog and improving court capacity, the government aims to restore public confidence in the judicial system. However, as legal experts have cautioned, true reform will require not only adequate funding but also a commitment to preserving the integrity of the judicial process, ensuring that justice remains accessible and fair for all.
