The Crown court backlog grew in the month hundreds of criminal barristers commenced legal aid action – however, the government insists the Easter bank holiday weekend is to blame.
According to figures published by HM Courts & Tribunals Service yesterday, 58,271 cases were outstanding in April – 401 up on the previous month.
Hundreds of barristers commenced ‘no returns’ action on 11 April. However, the Ministry of Justice told the Gazette that the April rise is seen every year due to the Easter bank holiday weekend, over which receipts outstrip disposals.
The department pointed out that the Crown court backlog fell by 3% in the previous 12 months and cases may be outstanding for many reasons, such as trials being rescheduled.
A ministry spokesperson said: ‘Outstanding cases in the Crown court have fallen steadily in recent months and remain stable. Our recovery is underpinned by our half-a-billion-pounds plan to speed up access to justice – including allowing the Crown court to hear as many cases as possible for another financial year, an extra 30 Nightingale courtrooms staying open, and doubling the sentencing powers of magistrates. We are also increasing investment in lawyers’ fees which will see a typical criminal barrister earn nearly £7,000 extra per year.’
However, the Law Society remains concerned at the speed of progress.
Society vice-president Lubna Shuja said: ‘Looking at the longer view, the backlog is decreasing at a snail’s pace - by just 286 cases in six months from November 2021 and April 2022 – but the fact the backlog has gone up again in the most recent month tells us the problem will not be resolved without a radical shift from the Ministry of Justice.'
Shuja urged the ministry to ‘bite the bullet’ and commit to an immediate 15% increase in legal aid rates.
Criminal Bar Association chair Jo Sidhu believes the backlog will only get worse. He said: ‘The postponements of trials serve only further to bloat the current record case backlogs that are now once again getting longer again not shorter, and to extend the time taken to bring those cases to a final resolution. As a consequence, any prospect of government meeting its target of reducing the backlog to 53,000 by 2025 will quickly vanish, and the underlying reality of a systemic crisis that is paralysing our courts will remain painfully exposed.’
A second CBA ballot on further legal aid action will open tomorrow. Options could include an escalating number of 'walkouts' this summer whereby defence practitioners would not attend court in person or remotely.
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