Backlog in England and Wales Crown Courts Hits Record High Amid Radical Government Reforms
As of December 18, 2025, England and Wales face a significant backlog of more than 79,600 criminal cases in the courts. The Crown Court backlog remains at a record high since early 2023 and is projected to reach 100,000 by 2028, with some serious cases potentially taking years to reach trial, possibly not until 2030.
This backlog is driven by long case durations, with approximately 25% of violence and drug offences and over 30% of sexual offences lingering in the system for at least a year—a stark increase compared to pre-2010 levels. Funding cuts since 2010 have exacerbated the issue, reducing the Ministry of Justice's real-terms budget by about £4.5 billion, resulting in the closure of eight Crown Court centres and over 160 magistrates courts by 2022, as well as imposing a cap on judges' sitting days.
The Covid-19 pandemic further worsened delays, leading to the creation of Nightingale courts, which sat around 10,000 days from 2020 to 2024. Though five of these temporary courts still operate and are slated to close by March 2026, some closures were reversed or redirected to manage overflow.
Additionally, the national legal aid system, vital for prosecuting and defending criminal cases, has experienced real-terms funding cuts from £728 million in 2012–13 to 2022–23. A 12% decline in criminal barristers since 2018–19 has also contributed to bottlenecks; although advice was given in 2021 to inject an additional £135 million in funding, it was not sufficient to alleviate pressures adequately.
Remand pressures remain high, with about 17,700 individuals on remand and nearly 12,000 awaiting trial. Remand cases constitute approximately 20% of the prison population, which is projected to surpass 100,000 by 2030. In response, early-release measures have been introduced to ease this strain.
In light of these challenges, the government is pursuing radical reforms, including removing juries from a number of trials, as part of efforts to speed up justice and reduce the backlog.
