In a significant move aimed at addressing the staggering backlog of over 80,000 criminal cases, Justice Secretary David Lammy has announced the removal of limits on court sitting days for crown courts in England and Wales. This decision marks a proactive step in the government’s ongoing efforts to enhance the efficiency of the criminal justice system.
Increased Court Capacity
The announcement means that every crown court will receive the necessary funding to operate without restrictions on the number of cases they can hear in the coming financial year. This initiative follows extensive discussions with Lady Chief Justice Sue Carr and is seen as a pivotal measure to alleviate the current pressures faced by the judiciary.
Historically, caps on court sitting days have been introduced sporadically, primarily as a response to budgetary constraints and staffing shortages within the Ministry of Justice. In October, the Ministry had already planned to increase the number of sitting days to 111,250 for the current year, a figure that is now set to rise to 113,000 as a result of this latest development.
Funding and Infrastructure Improvements
The government has also reached a £2.8 billion funding agreement for courts and tribunals for the 2026/27 fiscal year, an increase from £2.5 billion last year. This financial package includes £287 million earmarked for capital improvements to address the dilapidated state of many court facilities.
Riel Karmy-Jones KC and Andrew Thomas KC, leaders of the Criminal Bar Association, have lauded the lifting of the cap as “a brave and significant first step.” They emphasised that this change is crucial for the wellbeing of complainants, witnesses, defendants, and all professionals involved in the criminal justice system, stating that it is the most important measure the government can implement to reduce delays.
Caution from Legal Bodies
Despite the positive reception from criminal barristers, the Law Society has urged caution, asserting that while the funding represents progress, it is insufficient to fully resolve the backlog or to rectify systemic infrastructural issues. Fiona Rutherford, Chief Executive of the advocacy group Justice, echoed these sentiments, warning against using this announcement as a pretext for reducing jury trials. She asserted that limiting jury trials could undermine public trust in the justice system and increase the risk of miscarriages of justice, particularly affecting marginalised communities.
Future Reforms on the Horizon
Lammy is expected to unveil additional reforms on Tuesday, focusing on enhancing efficiencies as outlined in the second part of Sir Brian Leveson’s review, with particular emphasis on remote hearings. He articulated that while investment is crucial, it must be complemented by systematic reforms and modernisation efforts to ensure timely access to justice.
“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, underscoring the need for both immediate action and long-term solutions.
Why it Matters
The removal of the cap on court sitting days is a critical intervention that aims not only to expedite the resolution of criminal cases but also to restore public confidence in the judicial process. As the government grapples with the complexities of a strained justice system, these measures could pave the way for a more responsive and efficient legal framework, ultimately serving the interests of justice and society at large.
