Courts in crisis as hundreds of cases face delay

Legal experts today said victims, witnesses and defendants are being failed by an “underfunded criminal justice system” that was struggling even before the coronavirus pandemic.

A total of 247 cases were finished at Wolverhampton Crown Court between April and June following a trial or sentencing hearing, down 41 per cent on the 418 cases between January and March. Between April and June 2019, 470 cases were concluded.

At Stafford Crown Court, 104 cases were concluded between April and June, a fall of 37 per cent on the 166 dealt between January and March. Between April and June 2019, 185 cases were concluded.

Across England and Wales, the number of crown court cases concluded almost halved between April and June – 12,338, compared to 23,323 between January and March.

The Law Society of England and Wales, which represents solicitors, said the Covid-19 pandemic had merely exacerbated a significant existing backlog, caused by "years of underfunding and cuts".

Amanda Pinto QC, chairman of the Bar Council, which represents barristers, agreed the criminal justice system was "already in severe difficulty" before the pandemic.

She said: "We’ve seen what lack of funding for law and order achieves – rising crime, low detection rates, long delays to cases with many collapsing before they get anywhere near a court, victims of crime denied justice, and all because government after government has failed to invest in justice.

"The need for long term, significant investment is crucial across the entire justice system if it is to serve its purpose which is to enable people to exercise their rights in a timely and meaningful way."

The MoJ and courts service should ensure maximum use of existing court buildings, provide further space such as through emergency Nightingale Courts, and allocate more staff to keep courts running, she added.

A Ministry of Justice spokeswoman said its response to the pandemic had been "world-leading", and that the crown court backlog had started to reduce since June.

It is also opening eight more Nightingale Courts, recruiting more than 1,000 new staff and rolling out technology and Covid-secure plexiglass screens to boost capacity.

One of the key reasons cases collapse is due to witnesses moving from the area with time and becoming disengaged with the process, West Midlands Police and Crime Commissioner David Jamieson said.

He added: "There was a backlog before covid hit and it has got much worse since. The police are doing all they can to support the criminal justice system, but ultimately the Government needs to put a robust plan in place to clear the court backlog. Cases are being delayed by months if not years.

"Delays to justice cause further harm to victims and risk more crime whilst potential offenders roam the streets unpunished.

"These extreme delays could even cause cases to collapse with serious criminals going free.

"The Government needs to get a grip. I have raised this directly with ministers and asked them to prioritise this important issue."

It also emerged today that magistrates court trials are being moved from Telford to Kidderminster, more than 25 miles away, because of the backlog in cases.

Solicitor Stephen Scully, of Lanyon Bowdler, says the move means his clients having to catch a train at before 7am to reach the court. He said it has caused huge disruption to legal staff as well as victims and witnesses.

HM Court and Tribunal Service said the decision is temporary as part of steps to deal with the backlog of cases.