Victims of crime could start taking “the law into their own hands” amid record court delays, lawyers have warned.
The number of criminal cases waiting to be heard in crown courts hit 73,105 in September.
This is a 3% increase on the previous quarter (71,042 cases), 10% on the previous year (66,426 cases) and close to double the end of 2019 (38,016 cases), according to the Ministry of Justice (MoJ).
The number of rape victims waiting for their cases to be heard has continued to skyrocket, analysis has revealed.
Ministry of Justice figures show 2,789 rape cases were included in the backlog – up 18% in 12 months.
They were part of 11,574 sexual offences yet to be heard in a crown court.
Riel Karmy-Jones, Vice Chair of the Criminal Bar Association, said: “No one should have to wait for years for a criminal charge to be brought to trial.
“The criminal case backlog, and the delays to criminal trials aren’t just numbers. They represent tens of thousands of people whose lives are on hold.
“That affects and punishes defendants, witnesses, and victims of crime equally, leaving them unable to move on.
“If the public lose faith in the justice system, then law and order starts to unravel and there is a risk that some may abandon the process, or even take the law into their own hands.
“Government cannot champion long term crime and justice policies and ambitions, without recognising the need for investment in the courts, advocates, and trial process.
“There is no point in talk of investing in police investigations, in arresting more people, in the protection of women and girls, in “swift justice” and building new prisons if by the time a case reaches trial, there is no one to conduct it, or no court time or space to hear it.”
The Ministry of Justice on Thursday admitted it is considering “fundamental reform” in the courts after the crown court backlog almost doubled in five years, hitting another record high.
Justice Secretary Shabana Mahmood has signalled jury trials could be scrapped for thousands of offenders to prevent courts from hitting an unprecedented backlog of 100,000 cases.
Ms Mahmood has ordered retired judge Sir Brian Leveson to review ways in which defendants’ rights to jury trials could be scaled back without undermining fair justice.
Magistrates could be allowed to hear more serious cases.
Or a new intermediate court could be set up, with cases being heard by a judge and two magistrates.
The Victims’ Commissioner for England and Wales, Baroness Newlove, said: “A backlog of over 73,000 cases represents a failure of our justice system —and it cannot go on. Change must come.
“Unsustainable caseloads, mounting waiting lists, and crises in recruitment and retention are pushing services to the brink.
“Victims are not only waiting for their day in court but also enduring long waiting lists for the vital specialist support they urgently need.
“We have struggled on with short-term sticking plaster solutions for too long. The prospect of real reform is to be welcomed – and commended.
“But we must be clear: this will not be easy, and change will not come overnight. As we work to fix the system, we cannot abandon victims in the here and now.
“Without a viable, sustainable victim support sector, justice will continue to be denied—and that cannot be allowed to happen.”
Newly appointed justice minister Sarah Sackman told reporters: “I’ve been here for eight days, and in that eight days it’s become apparent to me that there is nothing short of a crisis in the crown court system.
“The crown court caseload is at record levels, those levels are rising and if we don’t do anything about it we’ll soon be in the territory of a caseload backlog of six figures.
The “reality” of measures already taken is that this is “barely touching the sides and what’s actually needed is fundamental reform”, she said, adding: “We’ve asked Sir Brian to consider all options.”
Describing the state of the criminal justice system as “dire”, Ms Sackman said the soaring numbers were the result of a combination of factors including the fallout from the coronavirus pandemic as she blamed the “political choices by the previous government”.
“We know that victims are having to live with the psychological harm of the lack of closure and having that trial date hanging over them and in many cases, as we know, pulling out of the process altogether, which itself leads to inefficiency and in some cases to trials collapsing”, she said.
Earlier this week, Justice Secretary Shabana Mahmood hinted at the prospect of jury trials being abandoned in some cases to tackle backlogs in the system, telling broadcasters “we need to think about doing things differently”.
Ms Sackman said jury trials were an “absolute cornerstone of the British criminal justice system and will remain so” as she insisted jury trials “are always going to be available for the most serious crimes.”
“But if we are to effect the once in a generation type of reform that is needed to grip the scale of the crisis that we are in, we are going to have to think boldly,” she added.
Pressed on what changes could be considered, Ms Sackman said: “All options will be on the table. I don’t want to prejudge what he (Sir Brian) may or may not recommend.”
Asked by reporters to acknowledge the announcement was ministers ordering yet another review – after the Government came under fire for launching so many since taking office – Ms Sackman said: “We’re confronting the scale of the problem.”
Sir Brian is expected to present his findings in the spring, around the same time as ministers are due to consider conclusions from former justice secretary David Gauke’s sentencing review.
Asked if the courts review was being completed quickly enough in light of ministers highlighting the urgency of the crisis, Ms Sackman said: “We’ve got to give Sir Brian sufficient time to carry out a rigorous review”, adding: “I don’t think that’s an inappropriate amount of time.”
Sir Brian said: “I am pleased to contribute to the important task of seeking to address the very real difficulties facing the criminal justice system.
“A challenge of this scale requires innovative solutions and I look forward to making my recommendations to the Lord Chancellor in due course.”
