Criminal Court Backlog in England and Wales Reaches Record High
The criminal court backlog in England and Wales has reached more than 79,600 cases, marking a record high since early 2023. The Ministry of Justice has projected that this backlog could reach about 100,000 cases by 2028. These delays mean some serious crimes may wait years for trial, with cases unlikely to go to trial before 2030.
The backlog has grown over more than two years, linked to austerity cuts starting in 2010 and the impact of the Covid-19 pandemic. About a quarter of violence and drug offence cases and over 30% of sexual offence cases have backlogs of at least a year.
Funding and capacity challenges have contributed to the crisis, including the closure of eight crown court centres and more than 160 magistrates courts by 2022, and a cap on judge sitting days resulting in idle courtrooms. The government created Covid-19 Nightingale courts providing 10,000 hearing days from 2020 to 2024; five of these courts remain operational but are scheduled to close by March 2026.
Legal aid funding has been cut by £728 million in real terms between 2012-13 and 2022-23, coinciding with a 12% reduction in criminal barristers from 2018-19 to 2024-25. A £135 million funding injection in 2021 proved insufficient and led to strikes.
Pressure on remand and prison populations is mounting, with about 17,700 individuals on remand and nearly 12,000 awaiting trial. Remand inmates account for roughly 20% of the prison population, which is projected to exceed 100,000 by 2030. Early release schemes have been introduced to alleviate prison overcrowding.
The government is considering reforms, including removing juries from some trials, to speed up justice and reduce the backlog.
