Criminal Case Backlog in England and Wales Hits Record High with Serious Impacts on Trials
The backlog of criminal cases in England and Wales has exceeded 79,600, with the Crown Court backlog reaching a record high since early 2023. The Ministry of Justice (MoJ) projects that the total backlog could reach 100,000 by 2028.
Approximately one-quarter of violence and drug offences, and more than 30% of sexual offences now have backlog durations of at least one year. In 2019, there were around 200 sexual offences open for over a year; today, this has risen to more than 4,000. Serious cases charged currently may not reach trial before 2030 due to the backlog.
Several factors contribute to this situation, including funding cuts since 2010 austerity reducing the Ministry of Justice budget. The MoJ spending is about £13 billion, roughly £4.5 billion lower in real terms than if it had kept pace. Additionally, eight crown court centres and more than 160 magistrates' courts have closed by 2022.
A cap on the number of days judges are paid to sit has resulted in fewer sitting days, meaning fewer hearings and idle courtrooms as no judge means no hearing. The disruption caused by Covid-19 and the introduction of Nightingale courts have helped progress some cases, but these courts could not handle custody cases. Nightingale courts recorded about 10,000 days of operation from 2020 to 2024; five remain but are due to close by March 2026.
The closure of Blackfriars Crown Court in 2019, with its cases moved to Snaresbrook, has contributed to overflow and backlogs. Real-terms cuts in legal aid funding and a fall in the number of criminal-law barristers have also constrained capacity. The National Audit Office notes a £728 million cut in legal aid from 2012 to 2023, 12% fewer barristers doing criminal work from 2018 to 2025, and though £135 million extra funding was suggested in 2021, this has been insufficient.
Remand pressures are significant, with about 17,700 people on remand and nearly 12,000 waiting for trial. Remand accounts for around 20% of the prison population. The MoJ projects prison numbers to top 100,000 by 2030. To address this, authorities have pursued early release schemes and broader justice reforms.
