Court case backlog over lack of funding
Covid ‘made worse existing problems’
A lack of funding for the criminal justice system in England and Wales has led to a backlog of court cases, a leading barrister has said, as the number of people waiting for hearings hits a record high.
John Elvidge QC, suggested delays in the criminal justice system have been exacerbated by the Covid-19 pandemic.
A LONG-TERM lack of funding for the criminal justice system in England and Wales has led to a backlog of court cases, a leading North Yorkshire barrister has said, as figures reveal the number of people waiting for hearings has hit a record high.
John Elvidge QC, the head of Dere Street Chambers in York and a former Leader of the Bar on the North Eastern Circuit, has revealed delays in the criminal justice system have been exacerbated by the Covid-19 pandemic.
But he stressed that he believes investments to the legal system should have been made prior to the coronavirus crisis.
The Ministry of Justice (MOJ) revealed recently it plans to make virtual technology a permanent fixture of court hearings in the future, allowing lawyers, court staff, judges and the public to join some hearings remotely, with millions of pounds invested to deliver a “speedier justice for victims”.
Speaking exclusively to The Yorkshire Post, criminal barrister Mr Elvidge said: “The pandemic has caused the Government to accelerate implementation of its digital platform to enable easier access to court, which is a positive thing. I would say the failure to have proper funding in place previously caused a backlog to develop. Had we had more court sitting days prior to March 2020, the backlog would not have been as bad as it is now.
“Understandably, the pandemic has made it worse. We were not able to conduct any trials for several months after the start of the first lockdown. In some areas, we didn’t resume trials until the autumn.”
The proportion of criminal cases waiting more than a year to be dealt with by crown courts in England and Wales has “increased markedly” amid the pandemic, figures show.
According to the MOJ, 18 per cent of cases had been outstanding for a year or more in the three months to December last year. This is three times as high as for the same period at the end of 2019, before the coronavirus outbreak.
Out of 55,725 cases at the end of 2020, 9,421 had been waiting one to two years to be dealt with – the highest figure in records dating to 2014. The “outstanding duration” for cases over two years, 866, is also a record for the series. Out of 37,374 cases for the same period in 2019, there were 1,779 waiting one to two years and 433 waiting more than two years.
Mr Elvidge, whose practice includes cases of homicide, fraud, organised crime and modern slavery, revealed the delays are having a detrimental impact on victims, witnesses and defendants waiting for a hearing.
“For most defendants, it is an anxious time awaiting a trial anyway, but the added delay causes more pressure,” he said. “It is the same for the complainants and other interested parties. Delay really adds to their anxiety.
“Those on remand are also facing longer in prison as custody time limits have had to be extended. Coupled with that, we have seen outbreaks of the virus in the prison systems, which in turn can cause further delays.”
The failure to have proper funding in place caused a backlog. John Elvidge QC, head of Dere Street Chambers in York.