When the Covid pandemic hit just over two years ago and the country locked down, the traditional way we ran our justice system had to change.
Despite unprecedented challenges, the rule of law – the hallmark of a healthy democracy – was preserved. The wheels of justice kept turning for those who needed it most, thanks to the heroic efforts of our judiciary, the legal profession, and our court staff.
From a standing start, we rolled out video technology to most courtrooms so that at the height of the pandemic up to 20,000 cases were heard virtually each week. And we kept a priority network of courts open for cases where a face-to-face hearing was absolutely essential.
Although our recovery efforts continue apace, there’s no denying there’s more to do to get the justice system firing on all cylinders again – to work through the build-up of cases waiting to be heard that was inevitable because of the pandemic.
So, to boost the recovery effort even further, I’ve today announced that for this financial year we will again scrap the limit on the number of Crown Court sitting days.
This investment means our justice system will be able to run at full throttle – operating at maximum capacity to drive down the backlog and bring swifter justice for victims and defendants.
The results speak for themselves. Removing the cap last year allowed for nearly 17,000 more sitting days in the Crown Court than the year prior to the pandemic, with outstanding cases having fallen by around 2,500 since their peak in June last year.
This builds on other steps we have taken to make progress with tackling the backlog.
We invested a quarter of a billion pounds to support recovery in the courts over the last financial year – plus over £150m for vital victim and witness support services.
We are boosting the sentencing powers available to magistrates – doubling them from a maximum of 6 to 12 months’ imprisonment for a single triable-either-way offence – freeing-up around 1,700 Crown Court sitting days a year, which is the equivalent of an extra 500 jury trials.
‘Nightingale’ courts have also provided vital extra capacity where it’s needed most. We have decided to extend 13 of these courts – equating to an extra 30 courtrooms – dependent on local need to maintain additional capacity as we work through the backlog. After having to close some courtrooms which could not accommodate social distancing restrictions, we have now re-opened the estate. Over 490 Crown courtrooms are available for use, which is comparable to pre-pandemic levels.
Two new ‘super courtrooms’ in Manchester and Loughborough are also increasing capacity. Three times the size of a usual courtroom, these courts are helping us make swifter progress with multiple defendant trials – for example gang related crimes, like county lines drug trafficking.
And, in order to support our world-beating criminal legal profession – which is pivotal to the recovery effort – we are increasing spending on criminal legal aid by £135m a year, including our proposals to uplift fees in the police station, magistrates’ court and the Advocates Graduated Fee Scheme by 15% and introduce solicitor training grants.
Judges have also played a critical role in the recovery effort. When I became a minister last September, we temporarily made changes to enable judges to work more flexibly in order to hear cases in different areas of the country where case numbers are highest.
The response has been really encouraging, and we hope to see the approach rolled out more widely. That’s because the Crown court has always been a national resource – which just happens to have rooms in particular locations – so we want to operate in a way that truly maximises the reach of our world-class judges.
We have also increased the retirement age for the judiciary, so that we can retain their invaluable experience for longer and make sure we maintain our pool of talent as we work through the outstanding cases.
We have also introduced a reformed judicial pension scheme that will help to continue to attract, and retain, the best legal minds to the bench.
Taken together, these measures lay strong foundations not just for recovery, but for an even stronger system in future.
But I’m under no illusions about the scale of the challenge. We must all seize this chance to build on what we’ve achieved and bear down on the backlog. As long as we remain focused, and keep our eyes on the prize, I have every confidence that together, we’ll get there.
James Cartlidge MP is parliamentary under secretary of state for justice.
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