Recommendations & Conclusions
33 items
1
Conclusion
Sixth report - Court capacity
Accepted
HMCTS deserve praise for delivering the Nightingale Court project. The project made a major contribution to increasing the capacity of the courts during the pandemic.
Government response. The government committed to implementing a medium-term maintenance programme for the court estate with multi-year funding and has a planned pipeline of future works. It will continue to seek further funding and consider alternative solutions like temporary venues for repairs.
Ministry of Justice
2
Conclusion
Sixth report - Court capacity
Accepted
The maintenance backlog in the court estate is a serious problem. While there are some good court buildings, far too many are in a poor condition. This is having a negative effect on other elements of court capacity and, if not addressed, risks undermining the delivery of the high-quality justice …
Government response. The government is investing £1.3 billion to transform the justice system, including implementing 21st-century technology and online services, with the reform programme expected to complete by December 2023.
Ministry of Justice
3
Recommendation
Sixth report - Court capacity
Deferred
The Government should develop and deliver a comprehensive plan to improve the quality of the court estate, which is funded on a multi-year basis. The plan should identify solutions for delivering essential maintenance without reducing physical capacity. It should also set out a long-term strategy for improving the court estate …
Government response. The government deflected the recommendation regarding a comprehensive plan for court estate quality, instead detailing funding commitments for data improvement (£3 million for next year, increasing for 2023–25) and HMCTS data infrastructure modernisation (£16 million investment from 2020/21-2022/23), including the …
Ministry of Justice
4
Recommendation
Sixth report - Court capacity
Deferred
We recommend that the Ministry of Justice publish an update on the progress made on each project within the HMCTS court reform programme and, in particular, the date by which the programme is expected to complete and its anticipated final cost.
Government response. The government deflected the recommendation to publish updates on the HMCTS court reform programme's progress, completion date, and cost, instead detailing efforts to recruit up to 1100 judges in 2022/23 and improvements in HMCTS staff pay and reward.
Ministry of Justice
5
Conclusion
Sixth report - Court capacity
Deferred
The Ministry of Justice and HMCTS have missed opportunities to swiftly deliver an ambitious court reform programme. Many of the problems that we heard about during our inquiry and continue to hear about, could have been avoided if better data collection had been built into the system much earlier. We …
Government response. The government deflected the committee's concern about missed opportunities and the need for sustained investment in data collection, instead defending existing scrutiny mechanisms and rejecting the idea of re-establishing a court inspectorate due to significant resourcing and legislative requirements.
Ministry of Justice
6
Conclusion
Sixth report - Court capacity
Deferred
Improving the quality of data in the justice system will help the MoJ to determine whether the courts have the capacity they need to deal with cases in a timely fashion. The Government needs to have access to high-quality data in order to be able predict how the number of …
Government response. The government deflected the recommendation regarding improving data quality for court capacity analysis, instead committing an extra £477 million to the Criminal Justice system over three years to reduce the Crown Court backlog to 53,000 cases by March 2025.
Ministry of Justice
7
Recommendation
Sixth report - Court capacity
Accepted
The Ministry of Justice must ensure that it ring-fences funding from Spending Review 2021 to expedite work to deliver on its commitments to improve data, as Court Capacity 43 well as allocating funding for this work as part of Spending Review 2022. In so doing, the MoJ should publish a …
Government response. The government committed an extra £477 million to the Criminal Justice System to reduce the Crown Court backlog to 53,000 cases by March 2025, and continues to work on the CJS Delivery Data Dashboard to improve transparency and timeliness across …
Ministry of Justice
8
Conclusion
Sixth report - Court capacity
Accepted
When the number of staff and judges falls more sharply than the overall caseload, there are bound to be capacity issues in the courts. Even if the number of cases falls more quickly than the number of staff, reducing judicial and staff capacity creates a risk when there is always …
Government response. The government stated that the existing Better Case Management framework sets reasonable timeframes for Crown Court cases and committed to continuing to improve the CJS Delivery Data Dashboard for monitoring timeliness, but offered no new specific actions for increasing capacity.
Ministry of Justice
9
Conclusion
Sixth report - Court capacity
Accepted
The Government, the Judiciary and the Judicial Appointments Commission should work closely together to address the challenges in recruiting judges in those areas where there is the greatest need for increased capacity. In relation to the pay of HMCTS staff, the Government needs to ensure that pay levels keep up …
Government response. The government committed to expanding judicial recruitment, increasing maximum sitting days for crime Recorders from 30 to 80 days, and legislating to raise the judicial mandatory retirement age from 70 to 75, as part of efforts to increase court capacity …
Ministry of Justice
10
Conclusion
Sixth report - Court capacity
Deferred
The Government also argued that the inspection provided by the existing criminal justice inspectorates and the National Audit Office was sufficient. We do not believe that this argument has stood the test of time.
Government response. The government did not address the committee's conclusion about the insufficiency of existing inspections. Instead, it detailed ongoing efforts to improve judicial recruitment, court capacity, and legal aid provision through various investments and programmes.
Ministry of Justice
11
Recommendation
Sixth report - Court capacity
Deferred
We are concerned that at present there is a significant gap within the inspection regime in the justice system. For example, there is no inspectorate that covers the civil and family courts. Nor is there one in respect of Coroners’ Courts—indeed, our Report on the Coroner Service recommended that the …
Government response. The government did not address the recommendation for a new courts' inspectorate to cover gaps in the inspection regime. Instead, it provided an update on the Nightingale court programme and committed to a comprehensive evaluation of it by the end …
Ministry of Justice
12
Recommendation
Sixth report - Court capacity
Deferred
A Courts’ Inspectorate, which is independent from Government, could make a substantial difference to the accountability and transparency of the justice system. It could use inspections and the promised improvements to the quality of the data to make recommendations that can inform policy and guidance in both criminal and civil …
Government response. The government did not address the recommendation to re-establish a Courts' Inspectorate. Instead, it described efforts to increase physical capacity in criminal courts for multi-defendant trials and stated it would continue to review the court estate.
Ministry of Justice
13
Recommendation
Sixth report - Court capacity
Deferred
The recovery in the Crown Court will depend on the ability of the courts to dispose of a significantly higher average number of trials each month. While we recognise the difficulties of setting prescriptive targets. While we recognise the difficulties of setting prescriptive targets, the Government should set out the …
Government response. The government did not provide monthly Crown Court trial targets or a roadmap for reducing outstanding cases. Instead, it detailed the rollout of Section 28 for sexual and modern slavery offences, including monitoring its effects and publishing interim evaluation findings …
Ministry of Justice
14
Conclusion
Sixth report - Court capacity
Deferred
The current situation on timeliness in the Crown Court is causing significant injustice. The pandemic has made the situation worse, but the factors responsible for increased delays over the past decade are deep-rooted. A long-term approach to investment in the capacity of the Crown Court and the wider criminal justice …
Government response. The government stated that case listing is a judicial responsibility, but it supports efforts to improve effectiveness. It also mentioned working on Section 28 rollout and developing proposals for enhanced court provision for victims of sexual violence, with further details …
Ministry of Justice
15
Recommendation
Sixth report - Court capacity
Deferred
The Committee welcomes the publication of criminal justice scorecards. We recommend that the Government builds on these scorecards by setting itself targets to improve timeliness across the criminal justice system. The Government should also set timeliness targets for the average time taken from offence recorded to ultimate conclusion for specific …
Government response. The government did not commit to setting new timeliness targets across the criminal justice system or for specific offences. Instead, it stated it would evaluate the impact of remote hearings from the HMCTS Reform program to inform future policy.
Ministry of Justice
16
Recommendation
Sixth report - Court capacity
Deferred
Whilst we welcome the opportunity to view the MoJ’s forecasting models, we recommend that the Government routinely publishes its models and publishes a detailed recovery plan that sets out how it plans to meet its target of reducing the number of outstanding cases to 53,000 by March 2025. We believe …
Government response. The government did not address publishing forecasting models, a Crown Court recovery plan, or targets for increasing Crown Court capacity and sitting days. Instead, it described efforts and investments to streamline magistrate recruitment through a revised online process.
Ministry of Justice
17
Recommendation
Sixth report - Court capacity
Deferred
We share the view of the judiciary and the MoJ that judicial capacity is, at present, the most pressing constraint in the courts system. We welcome the Government’s plans to recruit more judges. The Government should learn the lesson from past decisions that have led to a reduction in judicial …
Government response. The government did not provide a detailed plan to increase the number of judges in the Crown Court. Instead, it explained how increasing magistrates' court sentencing powers aims to reduce the Crown Court backlog and free up sitting days, and …
Ministry of Justice
18
Recommendation
Sixth report - Court capacity
Deferred
We welcome the Government’s announcement of the lease extension for a number of the Nightingale Courts. The Government should now set out its policy on the future use of supplementary venues to support the work of the Crown Court. It should also produce a comprehensive evaluation of the Nightingale Courts, …
Government response. The government did not set out its policy on the future use of supplementary venues like Nightingale Courts or commit to a comprehensive evaluation of them. Instead, it outlined its current consideration of a Royal Commission and listed several ongoing …
Ministry of Justice
19
Recommendation
Sixth report - Court capacity
Deferred
The Committee welcomes the creation of super-courtrooms and commends HMCTS for their work in getting them up and running during the pandemic. The Government should set out how many more super-courtrooms will be provided by
Government response. The government did not address the recommendation to set out how many more super-courtrooms will be provided. Instead, it detailed cross-departmental work and funding initiatives aimed at supporting separating couples and children within the family justice system.
Ministry of Justice
20
Conclusion
Sixth report - Court capacity
Accepted
The Committee recognises the advantages for advocates to attend remotely; however, it is important to recognise that in Crown Court cases dealing with the most serious cases, it will often be in the interests of justice for advocates to attend in person.
Government response. The government outlined its ongoing efforts to increase court capacity and efficiency, including maximizing sitting days, judicial recruitment, and increasing the use of part-time judges, without directly addressing the recommendation regarding in-person advocate attendance in Crown Court.
Ministry of Justice
21
Conclusion
Sixth report - Court capacity
Deferred
The rollout and expansion of section 28 of the Youth Justice and Criminal Evidence Act 1999, which allows pre-recording of evidence and cross-examination for children and vulnerable witnesses, is an important step in improving the experience of these witnesses in the criminal justice system. However, it is vital that a …
Government response. The government's response discussed efforts to improve family courts and promote mediation, including a £5.1 million commitment to the Mediation voucher scheme, completely deflecting from the recommendation about reviewing Section 28 of the Youth Justice and Criminal Evidence Act 1999.
Ministry of Justice
22
Recommendation
Sixth report - Court capacity
Deferred
There is more that can be done to make listing more transparent and effective, for example by distinguishing between listing decisions based on court capacity and those based on case progression. The development of local justice scorecards will help to identify where delays are particularly acute. In terms of effectiveness, …
Government response. The government's response outlined ongoing civil court reform projects, including the delivery of a reformed service for civil money claims by March 2023, deflecting from the recommendation on improving listing transparency, national guidance, and specialist courts.
Ministry of Justice
23
Conclusion
Sixth report - Court capacity
Deferred
The use of video remand hearings in magistrates courts highlights the importance of coordination across the criminal justice system on the use technology within the criminal courts. In the long-term, the MoJ should use research on remote hearings, such as the Evaluation of remote hearings during the Covid-19 pandemic, to …
Government response. The government's response focused on general efforts to improve timeliness in civil and family courts, including a £324 million investment over three years, but did not commit to developing specific guidance on video hearings in magistrates' courts based on research.
Ministry of Justice
24
Recommendation
Sixth report - Court capacity
Accepted
The Committee welcomes the Government’s launch of a major campaign to recruit magistrates. The Government should also consider whether it would be possible, as the Committee recommended in 2016, to streamline the recruitment process, so that applications are processed within six months. (Paragraph 80) Increasing the power of magistrates
Government response. The government accepted the recommendation, stating that a key objective of its £1 million investment in magistrate recruitment is to streamline the process, and a revised, online recruitment process has been introduced to reduce application times.
Ministry of Justice
25
Recommendation
Sixth report - Court capacity
Accepted
The Committee supports the decision to increase the sentencing power of magistrates. The Government should conduct a review of the change 12 months after it has come into force and evaluate its effect on the workload of the Crown Court. (Paragraph 83) The case for a Royal Commission on the …
Government response. The government accepted the recommendation, stating that to understand the impact of increased magistrates' sentencing powers on the Crown Court, they are actively monitoring and assessing relevant court and prison data on a monthly basis.
Ministry of Justice
26
Recommendation
Sixth report - Court capacity
Deferred
The evidence to this inquiry has shown that the criminal courts are going through a period of significant change and the question of the role of technology in the courts is particularly pressing. The Government should proceed with its manifesto commitment to establish a Royal Commission on the criminal justice …
Government response. The government has deferred the recommendation to establish a Royal Commission, stating they are considering where it would add most value given substantial existing cross-departmental work and ongoing significant reform programmes in the criminal justice system.
Ministry of Justice
27
Recommendation
Sixth report - Court capacity
Accepted
The Committee welcomes the Deputy Prime Minister’s willingness to consider bold solutions in family justice. It is an area of the justice system that needs the Government’s full attention. Just as with the criminal justice system, it is vital that the ministers responsible for family justice work across Government, for …
Government response. The government accepted the recommendation, confirming that Ministers for Family Justice and Children and Families jointly chair the Family Justice Board to ensure cross-system reforms, and highlighted an £82 million investment for a network of Family Hubs in 75 local …
Ministry of Justice
28
Recommendation
Sixth report - Court capacity
Accepted in Part
We are concerned by the growing number of cases in the Family Court. The Government should develop a Family Justice action plan to address this problem. The action plan should set out how the Government will expand the capacity of the family justice system to deal with the growing number …
Government response. The government responded by referencing its existing HMCTS recovery plan (published in Nov 2020) which included plans and targets for increased capacity and efficiency. They outlined actions taken, such as record judicial sitting days and ambitious judicial recruitment, and identified …
Ministry of Justice
29
Recommendation
Sixth report - Court capacity
Accepted
The Government’s Mediation Voucher Scheme is a welcome development for the capacity of the Family Court. The initial results, with 400 vouchers being used and with 77 percent of cases reaching full or partial agreements, are promising. While we recognise the value of piloting such approaches, we would encourage the …
Government response. The government accepted the recommendation, committing a further £5.1 million to continue the Mediation Voucher Scheme in 2022/23, providing approximately 10,400 vouchers, and is developing a wider reform programme to offer a range of out-of-court options.
Ministry of Justice
30
Conclusion
Sixth report - Court capacity
We are concerned that the current approach to remote hearings in the Family Court is having a negative effect both on court capacity but also on the quality of the justice itself. Whilst we note that a significant proportion of users are said to prefer remote hearings, the interest of …
Government response. We have committed to evaluating the impact of remote hearings as part of HMCTS’ Reform program and will take the learning and evaluation flowing from the use remote hearings during the Pandemic to help inform both remote hearing policy and …
Ministry of Justice
31
Recommendation
Sixth report - Court capacity
Accepted in Part
We welcome the Government’s ambition to improve the use of digital technology in the County Courts. We would ask the Government to confirm the timeline for the rollout of Core Case Data. Once the data is available, the Government should also publish local civil justice scorecards to enhance the transparency …
Government response. The government accepted in part, confirming the civil reform project is due to run until March 2023, during which an end-to-end reformed service for civil money claims using Core Case Data (CCD) is expected, with reform for other claims also …
Ministry of Justice
32
Recommendation
Sixth report - Court capacity
Accepted
The County Court is vital to access to justice in England and Wales. The public relies on it to resolve disputes and vindicate their rights. As such, the significant increase in delays in certain cases in the County Court is concerning. It is imperative that the Government provides the resources …
Government response. The government accepted the recommendation, detailing plans to maximise sitting days, provide administrative and staffing support, continue the Reform programme, and highlighted a £324 million investment over three years to improve timeliness in civil and family courts and tribunals.
Ministry of Justice
33
Conclusion
Sixth report - Court capacity
Accepted
To enhance the capacity of the civil and family courts, it is vital to address each of the core elements of court capacity: judicial, staff, digital and physical. As the Lord Chief Justice explained, digital and physical capacity have a significant bearing on the ability to recruit judges and expand …
Government response. The government accepted the underlying sentiment, detailing plans to maximise sitting days, ensure administrative and staffing support, continue the Reform programme, and highlighted a £324 million investment over three years to improve timeliness in civil and family courts and tribunals.
Ministry of Justice