Commons Sense

House of Commons · Ministers' Questions

Backlog of Court Cases

Tuesday 18 May 2021 · 7 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 5 Partly answered 2 Not answered 0

Key points

  • The Government have taken decisive action with 60 Nightingale courtrooms and a quarter of a billion pounds spent on improving the justice system.
  • Lord Wolfson is working actively on establishing a Nightingale court in Kent, and a positive announcement is expected in the near future.
  • The number of employment tribunal sitting days is being increased dramatically, and the tribunal is benefiting from 1,600 extra staff hired across HMCTS.

Topics (select to filter)

Questions & Answers

Q1 Luke Evans Con Hinckley and Bosworth
Justice & Courts
Context

The MP noted the court system faced significant strain due to coronavirus, causing a backlog of cases. He referenced pre-pandemic issues with case loads being historically low but under pressure.

Question

What steps his Department is taking to reduce the backlog of court cases.

Answer from Chris Philp

Prior to coronavirus, outstanding case loads in the Crown court were low by historical standards. However, coronavirus has put huge strain on the court system. The Government have taken decisive action with 60 Nightingale courtrooms, a quarter of a billion pounds spent on improving the justice system, 290 safe jury trial rooms and 1,600 extra staff. Magistrates court case loads are now 60,000 cases lower than at peak over summer.

Answered
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Q2 Laura Trott Con Sevenoaks
Justice & Courts
Context

The MP previously engaged with the Minister on establishing a Nightingale court in Kent. She requested an update on when it would be established and up and running.

Question

I thank the Minister for his answer and for his previous engagement on the issue of a Nightingale court in Kent. Will he provide an update on when he thinks the court will be established and up and running?

Answer from Chris Philp

My hon. Friend has been a tireless advocate for a Nightingale court in Kent. My colleague Lord Wolfson is working very actively on that question and I strongly hope we will be in a position to make a positive announcement in the very near future.

Partly answered

Not addressed: Timelines are vague, no specific date given

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Q3 Seema Malhotra Labour (Co-op) Feltham and Heston
Justice & Courts Employment
Context

The MP highlighted the employment tribunal backlog at a staggering 51,000 cases, which is 45% higher than pre-pandemic levels. She criticised cuts made by the government before and stated that multiple employment claims are rising.

Question

The employment tribunal backlog stands at a staggering 51,000, which is 45% higher than pre-pandemic levels. The Minister will blame that on covid, but he knows the system was broken before, with cuts made by his Department. Now, as we see multiple employment claims shooting up and some employers using covid as a cover for fire and rehire or cutting people's employment rights, we have a tribunal system that is unable to cope. Labour warned about this and called for a package of urgent measures. When will the Minister finally step up and take responsibility for the backlog of cases?

Answer from Chris Philm

In common with so many other areas of the justice system, employment tribunals were profoundly affected by coronavirus. The number of employment tribunal sitting days is being increased dramatically, and the tribunal is benefiting from 1,600 extra staff hired across HMCTS and enormous investment in technology enabling 20,000 remote hearings a week.

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Q4 John Spellar Lab
Crime & Law Enforcement Justice & Courts
Context

The MP criticised the Minister for being complacent, citing cuts made by the government prior to the pandemic that caused a backlog of cases. He highlighted the impact on serious criminal cases and community crime.

Question

The Minister is being remarkably complacent because he must know much of the backlog was actually caused by massive cuts by the Conservative Government impacting not only serious criminal cases but dealing with petty crime and antisocial behaviour blighting communities. Cases are taking years to get court, affecting witness availability. When will he stop putting out this complacent line and get a grip on the problem?

Answer from Chris Philp

Outstanding case load in the Crown court prior to coronavirus was 39,000 cases—low by historical standards and lower than 47,000 cases left behind by Labour. Under this government, crime reported by crime survey dropped by 41%. There is no complacency: a quarter of a billion pounds has been spent, 1,600 extra staff have been hired, and 23,000 police are being recruited.

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Q5 Luke Evans Con Hinckley and Bosworth
Justice & Courts Parliamentary Procedure
Context

The MP inquired about the east midlands pre-pandemic situation, noting a mixed picture with some courts experiencing increases while others saw decreases. He asked how the department will tease out what is due to covid versus pre-existing conditions.

Question

I asked the House of Commons Library what was going on in the east midlands pre-pandemic. Interestingly, in Bosworth the number of court cases in the backlog has stayed the same. That is partly because there was an 11% rise in Leicester courts but a 12% fall in Leamington Spa. Clearly, covid has had a massive impact and I pay tribute to the court staff working tirelessly to clear that, but overall there is a mixed picture. What is the Minister's Department trying to do to tease out what is covid and what is pre-existing, and, most importantly, to share good practice to try to deal with all those cases?

Answer from Chris Philp

I thank my hon. Friend for his question and interest in constituency and region. There is a great deal being done across country, including east midlands: investment of a quarter of a billion pounds; saying there will be no constraint on number of cases listed in Crown court; encouraging judiciary to list forward-leaningly; opened Nightingale court in Nottingham; planning further Crown court in Loughborough.

Answered
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Q6 Alex Cunningham Lab
Justice & Courts
Context

The MP highlighted a crisis in the court system with record 57,000 outstanding Crown court cases. He expressed concerns about lawyer-client meetings and facilities inadequacy. Temporary leases on many Nightingale courts will end soon.

Question

Even the Minister's own MPs accept there is a crisis in the court system. There are now a record 57,000 outstanding Crown court cases. Lawyers cannot safely see clients; facilities inadequate. Temporary leases on many Nightingale courts ending within weeks. Defendants spending longer than ever in prison and on remand, wrongly feeling pressured to plead guilty. Will Minister confirm plans for future of Nightingale courts, put stop to other planned court closures and tell House how long clearing backlog will take?

Answer from Chris Philp

I am rather perplexed to hear shadow Minister talk about planned court closures. There are not any planned court closures; we have opened 60 new Nightingale courtrooms, will continue as needed. Planning new Nightingale courts in several places, including Loughborough. Lord Chancellor has been clear judiciary can list at will in Crown court for recovery; supported with money, remote hearings and extra staff.

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Q7 Geraint Davies Lab
Crime & Law Enforcement Justice & Courts
Context

The question arises from the need to expedite rape cases by implementing immediate DNA testing for accused individuals, alongside using audio recordings as evidence.

Question

Will the Minister look to fast-track rape cases by providing DNA testing hubs requiring immediate testing of the accused on request, and confirm that positive tests, alongside a dated audio recording from the victim's mobile phone saying they do not consent to sex, would be sufficient to enable immediate imprisonment through fast-track Nightingale courts? Will he meet me to discuss this?

Answer from Chris Philp

Some of the questions raised, including those on DNA testing and disclosure, are being addressed in the rape review due to report shortly. The Minister for Crime and Policing would be delighted to meet and discuss these points. He is looking to expedite matters through wider use of section 28 pre-recorded evidence. Listing prioritisation is a matter for the judiciary.

Partly answered

Not addressed: Confirmation of DNA testing hubs implementation, immediate imprisonment possibilities with evidence

How: These Questions Are Being Addressed In The Rape Review, Listing Prioritisation Is A Matter For The Judiciary

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