‘Grave concerns’ over criminal court backlog
THE “unprecedented and very serious” court case backlog poses the greatest threat to the criminal justice system in England and Wales, watchdogs have warned.
Four top inspectors have joined forces to express their “grave concerns” about the situation, which has been exacerbated by the pandemic.
Justin Russell, chief inspector of probation; Sir Thomas Winsor, chief inspector of constabulary; Charlie Taylor, chief inspector of prisons; and Kevin McGinty, chief inspector of the Crown Prosecution Service, have issued the warning ahead of being questioned by MPs on the matter.
Their joint report spelt out how the coronavirus pandemic has affected the work of police, prosecutors, prisons, probation and youth offending teams. They concluded the “unprecedented and very serious court backlogs constitute the greatest risk to criminal justice and the ripple effects across all agencies are profound”.
They pointed to the difficulties and lengthy delays at all stages of the criminal justice system that “benefit no-one and risk damage to many”.
Although they praised the commitment of staff and highlighted efforts to continue working amid the crisis, particularly remotely, many areas of concern were raised.
According to the report, the number of ongoing cases in crown courts was 44% higher in December compared with February last year, while some cases are already being scheduled for 2022.
The criminal courts backlog stood at 457,518 as of November, the latest available figures from the Ministry of Justice show. There were 53,950 cases outstanding in the crown courts and 403,568 outstanding in the magistrates’ courts.
According to the data, the total of outstanding criminal cases has fallen slightly since October. But it is still about 100,000 higher than figures for February, 2020, before the country first went into lockdown in March.
Speaking on behalf of all four inspectorates, Mr Russell said: “Crown courts deal with the most serious cases, so this backlog concerns us all. The Covid-19 pandemic has meant severe delays and numerous cancellations throughout 2020, and this has had a negative impact on everyone involved. Delays mean victims must wait longer for cases to be heard; some will withdraw support for prosecutions because they have lost faith in the process.
“Witnesses will find it difficult to recall events that took place many months ago, and prosecutors waste significant periods of time preparing for cases that do not go ahead.”
He said those accused of crimes also face delays in their opportunities to defend themselves, are being kept longer on remand, while prisoners continue to experience a “highly restrictive prison regime or experience delays in accessing rehabilitation programmes and support through probation services”.
He said court backlogs are having a “ripple effect” across all criminal justice agencies and “must be dealt with to ensure fair justice for victims and perpetrators of crime”.
A Government spokesman said: “In recognition of the scale of the challenge we face, the Government is investing £450 million to boost recovery in the courts and deliver swifter justice.”