The Public Accounts Committee (PAC) convened on Thursday 9 January 2025, to scrutinise the Crown Court backlog crisis, which has reached a record breaking 73,105 cases, more than double the 2019 figure. Witnesses from the Ministry of Justice (MoJ) and HM Courts & Tribunals Service (HMCTS) faced sharp questioning about systemic inefficiencies, the government’s funding strategies, and the devastating impact of delays on victims, defendants, and the broader justice system.
Unprecedented delays and the human cost
Chair Geoffrey Clifton-Brown MP began the session by emphasising the detrimental impact of delays on those relying on the justice system. Citing evidence from the Bar Council, he highlighted the severe mental toll on victims, witnesses, and defendants. “Long waits for cases are having a very serious effect,” he stated, underlining that delays are eroding public confidence in justice.
The committee heard harrowing accounts of the backlog’s consequences. Jerome Glass, Director General of the Policy and Strategy Group at the MoJ, revealed that victim attrition rates are particularly alarming in cases of sexual violence, with over 50% of adult rape victims withdrawing pre-trial. MPs raised concerns about the justice system’s ability to serve its purpose, with over 18,000 people waiting more than a year for their cases to be heard. Rachel Gilmour MP pointed out that average waiting times have risen from 158 days in 2018 to 279 days in 2024, a figure that encapsulates the growing strain on the system.
What’s behind the backlog?
Witnesses cited a combination of factors contributing to the backlog. Dame Antonia Romeo, Permanent Secretary at the MoJ acknowledged that the COVID-19 pandemic was a significant driver, disrupting courtroom operations and increasing case volumes. However, she added that other issues have compounded the crisis, including action by the Criminal Bar Association (CBA), increased police referrals due to recruitment surges, and the growing complexity of cases, particularly violent and sexual offenses.
Despite earlier commitments to reduce the backlog to 53,000 cases by March 2025, Dame Antonia admitted that this target is unattainable without major reforms. She also emphasised the impact of systemic inefficiencies, revealing that 25% of trials are currently ineffective due to absent defendants, poor preparation or over listing.
Funding and resource allocation
The PAC delved into the issue of funding, questioning whether financial constraints have hampered the justice system’s ability to respond to the crisis. Nick Goodwin, Chief Executive at HMCTS, defended the government’s decisions, including the closure of most Nightingale Courts, which were established during the pandemic to provide additional court capacity. He argued that these temporary courts were no longer cost-effective, although MPs questioned whether their closure was premature.
Dame Antonia noted that £477 million had been allocated for criminal justice recovery post-COVID, with £42 million specifically for courts. However, she acknowledged that funding alone cannot solve the backlog. MPs raised concerns about whether recent investments such as a £92 million boost for solicitors and a 12% criminal legal aid fee uplift, are enough to stabilise the sector.
Remand population reaches record highs
One of the most troubling aspects of the backlog is its impact on the remand population, which has reached a 50-year high. Rebecca Paul MP expressed alarm that two-thirds of the prison population on remand had not yet stood trial. Of particular concern were the 770 individuals who have been held on remand for over two years.
Dame Antonia linked the growing remand population to delays in the court system, emphasising that reducing the backlog is critical to alleviating this pressure. Nick Goodwin confirmed that judicial decisions to extend custody time limits are rare and usually involve highly complex cases. However, MPs stressed that such delays undermine trust in the justice system and increase the risk of unjust outcomes.
Structural inefficiencies and the Leveson Review
The PAC repeatedly returned to the issue of inefficiencies within the justice system. MPs criticised the judiciary for listing cases years in advance, with some trials now scheduled for as late as 2028. Daniel Flury, Operations Director at HMCTS, acknowledged these inefficiencies and pointed to ongoing efforts to improve court listings. He highlighted a judicial review of listing policies, which is expected to report in spring 2025.
The Leveson Review, which aims to address structural issues such as case diversion and timeliness, was a focal point of the session. While Dame Antonia stressed the importance of the review, she also highlighted immediate measures, such as increasing magistrates’ sentencing powers and recruiting more judges, to alleviate short-term pressures. However, Andy Slaughter MP criticised the government for relying too heavily on the Leveson Review, accusing it of “managing failure” instead of implementing immediate reforms.
The way forward
The PAC session painted a grim picture of a justice system under immense strain. While witnesses highlighted incremental progress, such as expanded digital systems and increased judicial recruitment, MPs demanded bold, systemic reforms to address the root causes of the backlog. With trial dates stretching into 2028 and victim attrition rates rising, the justice system risks becoming synonymous with failure rather than fairness. The Leveson Review offers hope for meaningful reform, but immediate measures must be intensified to restore trust and efficiency.
Justice delayed is indeed justice denied, and without decisive leadership and investment, the promise of a fair and effective justice system will remain out of reach for many.