England and Wales Criminal Case Backlog Reaches Record High with Serious Delays Projected
More than 79,600 criminal cases are currently in the backlog in England and Wales, with the Crown Court backlog having reached a record high since early 2023 and is projected to exceed 100,000 by 2028, according to the Ministry of Justice.
Some serious cases may not reach trial until after 2030, leaving victims and suspects facing years-long waits for justice.
The government is proposing reforms to speed up proceedings and reduce the backlog, including removing juries from a number of trials.
The backlog partly stems from funding cuts since 2010; the Ministry of Justice budget has been reduced in real terms, and court capacity has declined with closures of eight Crown Court centres and more than 160 magistrates' courts by 2022.
Judge sitting days have also decreased significantly, from 107,863 in 2016-17 to 81,899 by the start of the COVID-19 pandemic.
The pandemic caused additional disruption, with two-month court closures, social distancing constraints, and limitations imposed by small courtrooms. Nightingale courts were introduced, providing approximately 10,000 days of sitting between 2020 and 2024, with five remaining planned to run until 2026.
Cuts to legal aid funding have further impacted the system; the National Audit Office reports a £728 million real-terms reduction between 2012-13 and 2022-23, alongside a 12% decrease in the number of barristers undertaking criminal work from 2018-19 to 2024-25. A £135 million extra funding package in 2021 was insufficient, contributing to strikes within the sector.
Remand pressures add to the strain, with about 17,700 people on remand and roughly 12,000 awaiting trial. Remand accounts for approximately 20% of the prison population, and the total number of prisoners is projected to exceed 100,000 by 2030.
The expansion of policing without corresponding increases in court capacity, along with the growing complexity from digital evidence especially in sexual offence cases, have lengthened prosecutions and further increased delays.
