Commons Sense

House of Commons · Ministers' Questions

Backlog of Court Cases

Tuesday 10 January 2023 · 8 questions

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

At a glance

Answered 5 Partly answered 3 Not answered 0

Key points

  • Backlog in the Crown Court has reduced from 60,400 in June 2021 to about 57,300 cases by the end of March 2022 but has increased again due to the Criminal Bar Association action.
  • The Government is investing significant funding in the family court by increasing the number of fee-paid judges, sitting days, and judges able to sit.
  • The Ministry is prioritizing cases involving custody time limits and vulnerable individuals to address backlogs in the court system.

Topics (select to filter)

Questions & Answers

Context

The outstanding caseload in the Crown Court has increased, primarily due to the Criminal Bar Association action. This increase is causing delays and affecting judicial capacity.

Question

What recent progress has been made on tackling the backlog of court cases? The outstanding caseload in the Crown Court has increased from 60,400 in June 2021 to about 57,300 at the end of March 2022. This increase is primarily due to the Criminal Bar Association action.

Answer from Mike Freer

In the Crown court, the outstanding caseload has reduced from 60,400 in June 2021 to about 57,300 cases at the end of March 2022. However, the caseload has increased again, primarily due to the Criminal Bar Association action, which has now stabilised. We are taking action across the criminal justice system to bring down backlogs and improve waiting times for those who use our courts. That includes such things as increasing our judicial capacity and investing a significant amount of money across the criminal justice system.

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Context

The backlog of cases in the family courts is causing significant delays and affecting families and children adversely.

Question

How does the Minister intend to reduce backlogs in the family court, especially to minimise impact on families and children? The issue of family courts is particularly pressing because of the impact on families and children. A significant amount of funding is needed to address this issue.

Answer from Mike Freer

The issue of family courts is particularly pressing because of the impact on families and children. That is why we are investing a significant amount of funding by increasing the number of fee-paid judges, sitting days and judges who are able to sit, and we continue to invest significant sums in family mediation vouchers, to keep families and children out of the court system.

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Context

A constituent's case of reported historical rape was postponed four times and is currently scheduled for June. The delay has caused distress and anguish.

Question

Can the Minister leave no stone unturned to eliminate backlogs quickly, particularly in historical rape cases? This backlog is causing enormous personal distress and anguish. My constituent originally in 2018 reported an historical rape. The trial has now been postponed four times and is currently scheduled for this June.

Answer from Mike Freer

My hon. Friend raises a very important point. While I cannot talk about a specific case, the allocation and listing of cases is a judicial responsibility, and I can reassure him that the judiciary continue to work to prioritise cases involving custody time limits, as well as those involving vulnerable complainants and witnesses, domestic abuse and serious sex cases.

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Q4 Andrew Slaughter Lab Hammersmith and Chiswick
Context

The civil legal aid review announced last week is an admission that cuts brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have left the civil courts in a dysfunctional state.

Question

Should not the Government either bring forward the civil legal aid review or the general election to address chaos caused by court backlog? The timetable for the review takes its implementation beyond the general election, which is another abdication of responsibility for the chaos in the courts that this Government have caused. Cuts brought in by LASPO Act have left a third of providers out of business and longer delays.

Answer from Mike Freer

I thank the hon. Gentleman for his comments. Reform of all parts of the justice system is a priority, but within the spending envelope that we are operating in, we have to spend the money where we can get the best return for our investment.

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Not addressed: specific question about bringing forward either review or general election

How: Reform Is A Priority

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Q5 Meg Hillier Labour (Co-op) Hackney South and Shoreditch
Context

Cases of serious sexual assault have been listed three years after the attack, causing victim distress.

Question

What is being done to get more judges in place and when will Ministry be back on target for reducing backlog from before covid? Cases of serious sexual assault are often delayed significantly, with victims wanting closure. The Public Accounts Committee concluded that even with interventions, the Ministry will only be back on track by 2024-25.

Answer from Mike Freer

The hon. Lady raises an important point. There are a variety of reasons why cases can be delayed. It is not just about the availability of the judiciary; sometimes it is the availability of defence and prosecution. The most important thing is the massive recruitment of 1,000 judges for our criminal justice system.

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Q6 Julian Lewis Con New Forest East
Context

Some months ago, the Government increased the retirement age for justices from 70 to 75. However, reinstatement for those previously caught by the 70 age limit is left to local regions.

Question

Can more flexibility be put into system allowing reinstatement under certain conditions? Some months ago, the Government took a welcome decision to raise the retirement age for justices of the peace from 70 to 75. However, the question of reinstatement for those previously caught by the 70 age limit has been left to local regions.

Answer from Mike Freer

It is my understanding that this issue is subject to the oversight of the Lord Chancellor and the Lord Chief Justice. I understand that it is very firmly on their radar and that they will use their discretion as appropriate.

Partly answered

Not addressed: specific reinstatement flexibility

How: Subject To Oversight, Will Use Discretion

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Q7 Valerie Vaz Lab Walsall and Bloxwich
Context

The Law Society has proposed a five-point plan to address the court backlog, including investment in buildings and staff.

Question

Has Minister seen Law Society's five-point plan on getting rid of the backlog? If not, will he sit down with them to discuss it? The Law Society is at heart of justice system and raises important issues for addressing backlog.

Answer from Mike Freer

I have seen the plan and I have sat down with the Law Society. The Lord Chancellor and I continue to have fruitful discussions to address the particular issues that the Law Society has raised.

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Context

Minister is trying to talk up progress but it is not good enough, with backlog continuing into next Parliament.

Question

How will Minister reassure dedicated court staff that he will get common platform IT system sorted out? The current rate of progress indicates the backlog will continue beyond the current Parliament. Will confirm extra taxpayers' cash being thrown at system?

Answer from Mike Freer

I can reassure the hon. Gentleman that the common platform is not a disaster. In fact, I have taken a specific interest in ensuring the roll-out is appropriate and that users are actually engaged.

Partly answered

Not addressed: common platform IT system sorting out

How: Not A Disaster, Taken Interest

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