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Serious Criminal Cases Backlog
20 January 2021
Lead MP
Chris Philp
Debate Type
Ministerial Statement
Tags
Crime & Law EnforcementJustice & CourtsTaxationEmployment
Other Contributors: 41
At a Glance
Chris Philp raised concerns about serious criminal cases backlog in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
The Minister of State for Justice, Chris Philp, announced significant investments and measures to recover from the impacts of the covid pandemic on UK courts. He highlighted that £262 million has been invested in court recovery this year, including £142 million for upgrading court buildings and technology, £110 million for increasing capacity, and an additional £37 million spread over two years for victim support. Over 1,600 extra staff have been hired, and 19 Nightingale courts with 35 new courtrooms have been opened. The government has installed plexiglass screens in 450 courts and cloud video platform technology in 150 magistrates courts and 70 Crown courts to facilitate remote hearings. Despite initial backlogs due to lockdowns, the Minister emphasised that disposals now exceed receipts in both magistrates and Crown courts, indicating a recovery trend. The current focus includes further increasing remote hearings and examining options for extended operating hours.
David Lammy
Lab
Tottenham
Question
Criticising the backlog numbers, David Lammy highlighted that the Crown court backlog had grown to over 54,000 cases and included magistrates courts to reach more than 457,000 cases. He emphasised delays for serious criminal cases up to four years and mentioned the impact of delays on justice delivery. He also questioned the government's record before the pandemic and criticised court closures and reduced funding by Conservative Governments over a decade.
Minister reply
Chris Philp responded that after the first lockdown, the magistrates court case load peaked at 525,000 but has since declined to around 460,000. He also addressed waiting times, stating that most remand cases will have their trials by July and bail cases by December of this year. Philp pointed out historical data showing higher Crown court backlogs under the Labour government in 2010 compared to 39,000 before the pandemic. He mentioned HMCTS budget increases from £1.65 billion in 2011 to £1.85 billion now and highlighted that disposals are exceeding receipts in both magistrates and Crown courts for the first time since the full week before Christmas.
Bob Neill
Con
Bereavement Care and Bereaved Families
Question
The Minister is right to pay tribute to the work that is being done by all those in the system under very difficult circumstances. It is right, too, to recognise the investment that has been made to deal with this, but I am sure that he will also accept that for the backlog to be reduced to acceptable levels, disposals in the Crown court in particular will have to exceed receipts for a sustained period of time. The Minister will also know that there are a number of serious organised crime cases with multiple defendants coming into the system, which will put in additional strains. Does he therefore agree that to make the system sustainable going forward we will need sustained and continued investment at higher levels than we have seen before for a number of years to come? Will he recognise that that is the case that all of us who care about the system, regardless of party, need to make to the Treasury and elsewhere?
Minister reply
I thank my hon. Friend, the Chair of the Justice Committee, for his question. He is of course right: we need to have sustained levels of disposals exceeding receipts. We got there just before Christmas for the first time during the pandemic following a heroic effort, but he is right that it needs to be sustained. We are making it clear that the resources needed to achieve that will be made available. In the current year, Crown court sitting days will not be any constraint on getting cases listed. Subject, obviously, to the usual discussions with the judiciary, we anticipate a very significant increase in Crown court sitting days in the next financial year to achieve the objective that he rightly and properly calls for.
Joanna Cherry
SNP
Central Ayrshire
Question
Criminal justice is devolved in Scotland, and here the focus has been on ensuring that jury trials continue in the most serious cases where accused persons are in custody and where the nature of the alleged offence demands that priority be given, which includes sexual offences. The report we are talking about today deals with England and Wales only. It has found numerous examples of serious cases being cancelled at short notice, and it has warned that delays could result in crime victims being unable to support prosecutions. What new steps is the Minister taking to ensure that, as already happens in Scotland, the United Kingdom Government are complying with their duty under article 3 of the European convention on human rights to ensure that there are effective remedies for the victims of sexual offences and, in particular, that we avoid—or that he avoids—undue delay in getting cases of sexual offences to trial? I know what has been done in Scotland. I am keen to know what the Minister is going to do in England and Wales, given the finding of this report.
Minister reply
We are as keen as the hon. and learned Member is and everyone is to make sure that these very sensitive cases involving rape or similar offences get heard quickly, but of course it is a matter for the judiciary to decide when they are listed and sometimes there are reasons to do with case management why a case may get adjourned while things are dealt with. But we have, for example, now rolled out the section 28 evidence provisions that I mentioned, so sensitive evidence can be given by recorded video, which can be taken well in advance of a trial—designed to help exactly what she is describing—and we have made large amounts of money available, with the extra £25 million next year and £32 million this year, to support and help witnesses and victims.
Sarah Dines
Con
Leyland and South Ribble
Question
Around the world, the United Kingdom rightly has a reputation of having a first-class criminal justice system. The present large backlog in criminal trials due to the pandemic is of immense concern to me in terms of the rights of victims, witnesses and defendants and the need for a timely trial. Can my hon. Friend assure me that sufficient resources are going to be forthcoming to resolve the present backlog within a proper timeframe?
Minister reply
My hon. Friend is right to raise this question. As I said in my opening remarks, the pandemic—the global pandemic—has had a huge impact on public services not just in this country but across the world, and the court system is not immune from that. That is why we have seen the additional cases that we have discussed this afternoon. My hon. Friend asked about resources. The Government are categorically committed to putting in the resources necessary to facilitate the recovery of the courts. I mentioned earlier that this year alone we have invested an extra £143 million in court buildings and technology to make our courts covid-safe and an extra £110 million in increasing our courts capacity. That is an investment of an extra quarter of a billion pounds this year alone to make sure that the court recovery not just gets started, but continues in the current vein. So I can give my hon. Friend the assurance that she is quite rightly asking for.
Wera Hobhouse
Lib Dem
Bath
Question
There is more and more evidence that domestic abuse has increased dramatically during lockdown. The Bar Council has led calls for non-means-tested legal aid to be made available for all cases of domestic abuse. Will the Minister provide this as a matter of urgency, and commit to provide this as a matter of urgency, please?
Minister reply
Domestic violence most certainly is a very serious and very important matter. That is why, when the pandemic started, the senior judiciary sent directions to magistrates courts laying out which cases should be dealt with as a matter of priority. One of the items in the top priority—the priority 1 list of cases—was domestic violence protection orders, because the judiciary and the system recognise their importance. In relation to legal aid, it is kept under review of course, but we are always making sure that domestic violence victims receive not just protection, but quick protection. That is vitally important.
Rob Butler
Con
Henley
Question
All criminal cases begin in the magistrates courts and all magistrates are volunteers, so will my hon. Friend join me in thanking and congratulating magistrates on everything they are doing to clear the backlog in their courts? Will he assure me and all users of our magistrates courts that he will do whatever it takes to keep them safe and ensure that justice continues to be done in our local communities?
Minister reply
I know my hon. Friend has a long and distinguished history serving on the bench as a magistrate, so I would like to publicly recognise that and I join him in extending my warm and enthusiastic thanks to magistrates up and down the country, who have been keeping justice going in incredibly difficult circumstances—and not just keeping justice going, but clearing down the backlog, which has been reducing since August, as I said earlier. One of my parliamentary team sits as a magistrate in Croydon Crown court—one of the many thousands of magistrates—and I thank all of them for what they have done to deliver justice in these most trying of times.
Tan Dhesi
Lab
Slough
Question
Rape and sexual violence prosecutions are at their lowest ever level in England and Wales, and domestic abuse prosecutions are down 19%, and that is at a time, during lockdown, when domestic abuse is widely reported to have increased, so what steps are the Government taking to speed up justice for vulnerable people who are victims of these abhorrent crimes?
Minister reply
I agree with the hon. Gentleman. There is an issue with, for example, the charging and prosecution of rape cases in particular, which predates the pandemic. There is a problem and it needs to be addressed. Some steps have been taken already—for example, changes to the rules around disclosure, which had been a problem in rape cases, and the provision of significant extra money even before the pandemic to support independent sexual violence advisers and rape crisis centres and to support the victims of these awful crimes, but more needs to be done. The Ministry of Justice and the Home Office are conducting a rape review, which is being led by the Minister for Crime and Policing. That is due to report very shortly and will contain further actions in this very important area.
Gareth Johnson
Con
Dartford
Question
I worked in the Courts Service for 20 years, and there have been case delays under all colours of Government, so the right hon. Member for Tottenham (Mr Lammy) has a very selective memory on this issue. It is not surprising that this pandemic has caused delays in court cases right around the world, but will my hon. Friend the Minister ensure that delays to domestic violence cases are prioritised? As he knows, often pressure grows on victims as a case progresses and too often their resolve diminishes and they feel unable to continue supporting the case.
Minister reply
My hon. Friend makes an extremely good point. We are very concerned about these cases and that is why we are spending a great deal of extra money—as I say, next year, an additional £32 million—to help protect victims and witnesses of awful cases such as those of domestic violence and rape. As I have mentioned, the judiciary have already prioritised domestic violence protection orders in the magistrates courts and, although listing is a judicial function, I know that judges are prioritising very serious cases of rape and domestic violence to make sure those cases get heard quickly, for the reason that he has mentioned. In addition, we rolled out section 28, the video evidence provisions, in, I think, November last year—just a couple of months ago—to make sure vulnerable witnesses can give evidence by video quickly, well in advance of the substantive hearing, to make sure some of the issues to do with victim attrition that he mentioned are addressed quickly and as far as they possibly can be.
Helen Hayes
Lab
Dulwich and West Norwood
Question
In 2016 the Government announced the closure of 127 courts and tribunals centres. Does the Minister accept that, notwithstanding coronavirus, the Government’s court closures, combined with a digital investment programme which only started after the closures, was scaled back and is running significantly behind schedule, represents a catastrophic failure to sustain access to justice?
Minister reply
I do not accept the hon. Lady's criticism. Travel times to courts before and after the closure programme were very little different. The use of remote video and audio hearing technology has been extremely widespread. It is doing its job extremely well in these difficult circumstances.
Question
Will the Minister outline whether the use of remote technology will be expanded to help reduce court backlogs?
Minister reply
We do intend to continue rolling out the use of video and remote technology. The Lord Chief Justice urged trial judges and other judges to use remote hearing technology as widely as they possibly can, so this work is continuing.
Andrew Slaughter
Lab
Hammersmith and Chiswick
Question
Does the Minister accept that his proposals for clearing the Crown court backlog at the moment are not working and are inadequate?
Minister reply
I would point out that 230 is the number of trials happening as we speak; in the weeks leading up to Christmas, the average was more like 275. We now need to sustain disposals exceeding receipts over a period of time.
Question
What support do we have during the pandemic specifically for vulnerable people going through the courts system?
Minister reply
We are spending an extra £25 million this year and an additional £32 million next year to support, protect and look after witnesses and victims. We are investing in things such as ISVAs who can help support victims as they go through reliving awful crimes.
Question
My very elderly constituent has been waiting for four years to have a case of alleged fraud come to court. The system is clearly not working and will not be fixed by bragging, but by investment, real reform and perhaps a little bit of ministerial humility.
Minister reply
In this current financial year, because of the massive challenge posed by coronavirus, we have invested an extra £143 million and the extra £110 million—an extra quarter of a billion pounds—in delivering court recovery.
Danny Kruger
Reform
East Wiltshire
Question
Does my hon. Friend agree that we have the opportunity for a real transformation in criminal justice, making more use of technology in trials and in disposals? Can he update the House on plans for more smart tagging?
Minister reply
We are moving towards greater use of video remand hearings and the common platform which integrates many parts of the criminal justice system. We have procured a large number of additional GPS tags.
Maria Eagle
Lab
Liverpool Garston
Question
Many court users and their representatives are asking for courts to be closed again because of increasing covid outbreaks. Is the Minister planning for courts to close again? What impact will any such change in policy have on the Crown court backlogs?
Minister reply
We are not planning to close down the court system. The number of Her Majesty’s Courts and Tribunals Service staff who have tested positive for covid is in line with the number in the wider population; courts are not especially unsafe, because of the measures we have been taking and will continue to take.
Philip Hollobone
Con
Kingston upon Thames
Question
Northamptonshire police have made progress in targeting serious criminals, but the backlog of cases needs to be addressed. What is the current situation and what progress is being made?
Minister reply
We are opening up more covid-safe jury courtrooms, particularly for cases with fewer than seven defendants. We are also considering new Nightingale courts and addressing challenges in 'multi-handers' cases.
Rachel Hopkins
Lab
Luton South and South Bedfordshire
Question
The Minister's efforts to address the backlog should not compromise health and safety, especially given rising covid cases. Can he confirm reports of multiple crisis management team meetings held due to these incidents?
Minister reply
Courts are assessed by Public Health England/Wales for safety; remote hearings are encouraged, social distancing is enforced, and additional measures such as plexiglass screens have been installed.
Guildford
Question
Will the Minister join me in thanking court staff for their efforts during lockdown? How will the recruitment of 1,600 extra court staff help with justice recovery?
Minister reply
The judiciary and magistrates have made significant contributions. The addition of 1,600 staff members represents a substantial increase in workforce capacity to help clear backlogs.
Barnsley South
Question
Many Barnsley court cases have been moved to Sheffield courts. What is the plan to ensure that everyone can access justice?
Minister reply
Resources are being increased, including more jury trial rooms and magistrates courts sitting on Saturdays with no limit on Crown court days.
Jacob Young
Con
Redcar
Question
What is the long-term strategy to address ongoing delays beyond the pandemic? How long will Nightingale courts be needed?
Minister reply
Nightingale courts will continue as necessary. Future legislation will include longer sentences for serious criminals, supporting swift justice delivery.
Emma Lewell-Buck
Lab
South Shields
Question
How many of the 400,000 lost police records are linked to backlogged court cases? Will he apologise to victims denied justice due to incompetent leadership?
Minister reply
The police Minister addressed this issue recently. The Government's approach has reduced crime by 41% in the last decade compared to Labour’s record.
John Howell
Con
Henley
Question
Will the Minister join me in praising the Lord Chief Justice for his leadership in keeping the justice system running?
Minister reply
The Lord Chief Justice has provided exemplary leadership, particularly during these challenging times. His work is highly commendable.
Emma Hardy
Lab
Kingston upon Hull West and Haltemprice
Question
What reassurance can the Minister provide to victims waiting for justice? What concrete actions will be taken to address this?
Minister reply
For serious cases, most first hearings in November will have trials by July. £32 million is allocated next year for victim services and ISVAs.
David Johnston
Con
Cannock Chase
Question
What message does the Minister have for victims of crime who are discouraged by delays? What concrete actions will be taken?
Minister reply
Victims should come forward as we support them, hear their cases and seek justice. Additional police officers will help keep victims safe.
Sarah Champion
Lab
Rotherham
Question
Shockingly, only 1.4% of those reporting rape secure a conviction, and that figure was before the news of deleted police records and the covid court backlog. For the last 10 years, this Government have run down the police, the Crown Prosecution Service, courts, prisons and probation, so what confidence can the Minister give to victims and survivors of sexual violence that they will be able to secure justice?
Minister reply
The Crown Prosecution Service has received an extra £85 million a year for hiring 400 more prosecutors. The Government is hiring an additional 20,000 police officers and the Ministry of Justice has received significant funding increases before coronavirus. However, the Minister acknowledges that there are serious problems with charging and prosecuting rape cases pre-coronavirus and ongoing efforts to address this issue include recruiting ISVAs and changing disclosure rules.
Question
May I ask my hon. Friend to join me in praising all the practitioners who have contributed so much to access to justice during the pandemic? What steps have the Government taken to enhance capacity in the criminal courts?
Minister reply
The Minister acknowledges the work of legal professionals and judges during the pandemic, noting that 19 Nightingale courts are open with 36 additional courtrooms. The cloud video platform has been rolled out for remote hearings and there is no limit on Crown court sitting days this financial year. Additionally, the Government is exploring extending operating hours.
Dwyfor Meirionnydd
Question
North-west Wales’s only justice centre, in Caernarfon, has inadequate facilities and the recent rise in covid cases poses significant risks. Will the Minister commit to developing a recovery strategy for courts in Wales?
Minister reply
The Minister acknowledges that while there are challenges, the court system in Wales is performing well. He confirms that a recovery plan will continue beyond the immediate pandemic, addressing issues as they arise across all jurisdictions.
Question
Can my hon. Friend outline what steps are being taken to ensure that serious cases are heard quickly both in magistrates courts and Crown courts?
Minister reply
The listing of cases is a matter for the judiciary, but judges do prioritise serious and sensitive cases.
Wendy Chamberlain
Lib Dem
North East Fife
Question
Can the Minister assure me that the Government will not respond to this backlog by doing anything to either weaken or undermine the fundamental right to trial by jury?
Minister reply
The Government has no intention of undermining the fundamental principles of justice. They have not cut corners with those rights during difficult times and do not plan to in the future.
Mike Wood
Con
Kingswinford and South Staffordshire
Question
What measures is my hon. Friend putting in place to secure access to justice, in particular in cases where liberty is at stake such as mental health tribunals?
Minister reply
The Government are putting resources into mental health tribunal cases and using remote hearing technology. The recently published mental health White Paper aims to further support the rights of people with mental health issues.
Question
Is the Minister aware that many lawyers and court users are terrified of catching covid in unsafe environments? What is he doing to address this?
Minister reply
The Government has spent £250 million on making courts safe. Public Health England and Wales find them safe, and there have been no more positive cases among court staff than the general population. The Minister urges people using the system to take lateral flow tests before entering court.
Julian Lewis
Con
New Forest East
Question
Given that the Minister expressed sympathy for raising the mandatory retirement age for magistrates, may I appeal to him to ensure reinstatement of recently retired magistrates under a new age limit?
Minister reply
The consultation on this topic is being considered. The suggestion of reinstating recently retired magistrates will definitely feature in their thinking.
Lilian Greenwood
Lab
Nottingham South
Question
Why has HMCTS not opened a Nightingale court in Nottinghamshire despite the free offer from the local police training school?
Minister reply
The Minister is willing to speak with the MP to discuss her proposals for her county. There may be reasons why certain buildings are not suitable, but he is happy to have a detailed conversation.
Question
Last year there was discussion about temporarily dispensing with juries as a way of clearing the backlog in criminal justice courts. Can my hon. Friend reassure the House that as he works to accelerate disposal of criminal matters, he remains committed to preserving juries?
Minister reply
The Minister confirms that they remain committed to the cornerstone principles of their justice system and have not cut corners during the pandemic or plan to in the future.
Tony Lloyd
Lab
Rochdale
Question
The fact that we have had to open the Nightingale courts to increase capacity, welcome though that is, indicates how mistaken it was to close local courts in places like my constituency of Rochdale or in Bury and to concentrate all the magistrates courts in Manchester. Local justice is still a sensible idea. Will the Minister use this opportunity to think about a review of localism and the possibility of reopening local courts?
Minister reply
Some local courts have been brought back into use in response to the pandemic. We have had to use Nightingale courts not because the current court estate is, in itself, inadequate, but because we need to space out a lot more to hold hearings and trials, especially jury trials, in a covid-safe way. However, we will see what lessons we can learn, as the hon. Gentleman says. We will keep this under careful review and reflect on it very carefully.
Kieran Mullan
Con
Bexhill and Battle
Question
The Minister will understand the attention that has been paid to this issue, but I welcome the highlighting of the historical trends with regard to the hyperbole coming from the Opposition Benches. Does he agree that with many private events venues unable to operate and claiming taxpayer-funded grants and support, it makes sense for the taxpayer to be paying into those as Nightingale courts instead? May I encourage him to hasten the roll-out of such venues?
Minister reply
I thank my hon. Friend for his encouragement. We will certainly do that everywhere that we possibly can. If any Members have ideas for Nightingale courts, then we are happy to talk about them.
Jeff Smith
Lab
Manchester Withington
Question
The Government like to talk tough on crime, but since 2010 the MOJ has been cut more than any other Department: police funding was cut, recorder sitting days were cut, the CPS was cut, and more than half the courts across England and Wales were closed. The new resources that the Minister has talked about will not make up for those 10 years of cuts. That is not being tough on crime, is it?
Minister reply
I will tell the House what is being tough on crime. According to the crime survey for England and Wales—the only source of crime statistics that the Office for National Statistics says is reliable—the number of crimes in the jurisdiction of England and Wales has gone down by 41% since 2010, and that is the number that matters the most.
Caroline Johnson
Con
Sleaford and North Hykeham
Question
I commend the Minister for the work he has done to get jury trials back up and running. I have a constituent who has been called for jury service and is quite worried about their own safety and the safety of those they live with. What information can my hon. Friend give about the steps he is taking to make jury service covid-safe so that my constituents can be reassured when they are undertaking this important public duty?
Minister reply
My hon. Friend can reassure her constituents who have been summoned for jury service that we have plexiglass screens in place to prevent the spread of any infection, distancing in the jury retiring rooms, regular cleaning, of course, and a whole range of further measures. If any of her constituents, or indeed anyone’s constituents, who are summoned for jury service are in some way vulnerable—perhaps over the age of 70 or feeling that their health might be compromised—they should contact the Jury Central Summoning Bureau to discuss that.
Janet Daby
Lab
Lewisham East
Question
The backlog of cases in the Crown courts is not only causing concern for victims of crime; the mishandling of the crisis has also piled pressure on to hard-working lawyers and barristers, who already work in high-intensity environments. The enforcement of the enhanced working hours by the Ministry of Justice means that legal professionals have had to work harder and longer hours. The Criminal Bar Association is now considering legal action to urge safer and fairer working conditions. If the Government recognise the value of those leading these trials, what is their response to the Criminal Bar Association?
Minister reply
On the safe working environment, I have already mentioned that Public Health England and Public Health Wales, which are the relevant bodies, find our courts to be safe environments. But as I have said, if any legal practitioner or other court user comes across a particular circumstance that concerns them in a court, there are reporting mechanisms that I strongly encourage them to utilise if required. In relation to hours, we are carefully considering the options; no decisions have been taken.
Joy Morrissey
Con
Beaconsfield
Question
In Beaconsfield, constituents are keen to see that the wheels of justice keep turning. What investment have the Government made in reducing criminal court backlogs?
Minister reply
I would point to the quarter of a billion pounds that we have invested this year alone—extra money for making sure that our courts are covid safe and have the capacity needed to deliver justice. That is a striking investment and a striking commitment—one that has not only started the court recovery, but one that I hope and expect will sustain it in the months ahead.
Shadow Comment
David Lammy
Shadow Comment
The shadow Justice Secretary criticised the government's handling of court backlogs as inadequate despite significant investments. David Lammy highlighted that the Crown court backlog had grown to over 54,000 cases and included magistrates courts to reach more than 457,000 cases. He emphasised the delay in delivering justice for victims of crimes such as rape and domestic abuse. The Labour Party also pointed out that before the pandemic, there were already issues due to Conservative policies over a decade, including court closures and reduced funding. Lammy questioned why lateral flow tests are not implemented across all courts and criticised the delivery of Nightingale courts compared to initial projections.
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