In a decisive move aimed at alleviating the chronic backlog of criminal cases, Justice Secretary David Lammy has announced the removal of limits on court sitting days in crown courts across England and Wales. This significant policy shift is expected to facilitate the hearing of more cases and address the current backlog, which stands at over 80,000.
A Bold Step Forward
The announcement was made following productive discussions between Lammy and Lady Chief Justice Sue Carr, leading to an agreement that will see every crown court funded to operate without restrictions on the number of hearing days in the upcoming financial year. This change marks a critical development, as courts have faced intermittent caps on sitting days in previous years, primarily as a means to manage budget constraints and staffing issues within the Ministry of Justice.
This year, the Ministry of Justice (MoJ) had already planned to increase the total number of crown court sitting days to 111,250, with the new measures anticipated to push this figure to 113,000. The government has also secured a £2.8 billion settlement for courts and tribunals for the financial year 2026/27, up from £2.5 billion the previous year, which includes a capital investment of £287 million aimed at restoring dilapidated court facilities.
Reactions from Legal Professionals
The announcement has been welcomed by leaders in the legal profession. Riel Karmy-Jones KC and Andrew Thomas KC, who chair the Criminal Bar Association, hailed the lifting of the cap as “a brave and significant first step.” They emphasised that this change is crucial for all stakeholders in the criminal justice system, stating, “Removing the cap on sitting days is the single most important measure the government can take to bring down the backlog and reduce delays.”
However, while the funding package has been acknowledged as a positive move, concerns remain. The Law Society has remarked that, despite progress, the measures may not be sufficient to fully resolve the backlog or rectify underlying infrastructure issues.
Fiona Rutherford, Chief Executive of the pressure group Justice, expressed cautious optimism regarding the new measures but cautioned against any potential moves to limit jury trials. “These welcome moves contrast sharply with the unnecessary damage cutting juries would bring,” she cautioned, warning that any restrictions could undermine public trust in the justice system and increase the risk of miscarriages of justice, particularly among vulnerable communities.
Future Announcements and Reforms
Further reforms are expected to be unveiled by Lammy on Tuesday, focusing on operational efficiencies identified in the latter part of Sir Brian Leveson’s review, including the implementation of remote hearings. Lammy stated, “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. Investment alone will not be enough to deliver timely justice, which is why it has to be combined with our pragmatic reforms and modernisation.”
Why it Matters
This strategic shift by the government is a critical response to a systemic crisis within the criminal justice system. By removing the cap on sitting days, the government is taking a substantial step towards restoring public confidence and ensuring timely justice for those embroiled in the legal process. The outcome of these reforms will be closely monitored, as their efficacy will ultimately determine whether the government can effectively address the daunting backlog of cases and uphold the integrity of the justice system.
