Recommendations & Conclusions
18 items
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 …
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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 so that it provides a proper and acceptable environment for all its users. The Government has shown through the use of Nightingale Courts that temporary courtrooms can be made operational if required and, if necessary, this model should be used to enable permanent buildings to undergo essential work. (Paragraph 15) Digital Capacity
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Government response AI summary
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 £20 million BOLD Programme.
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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 AI summary
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.
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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 …
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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 recognise that the MoJ and HMCTS are taking steps to improve the data situation. However, we would stress that the level of improvement required will need a sustained focus and significant investment.
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Government response AI summary
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.
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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 …
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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 cases are likely to change and to be able to analyse the ability of the courts to process cases.
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Government response AI summary
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.
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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 AI summary
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.
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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 …
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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 Ministry of Justice should establish a dedicated Coroner Service inspectorate. A new courts’ inspectorate could also inspect Coroners’ Courts. Any courts’ inspectorate would have to respect judicial independence by focusing on the administration of the courts as opposed to substantive judicial decisions. It would also need to learn the lessons from the limitations of the Her Majesty’s Inspectorate of Court Administration.
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Government response AI summary
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 of the 2022/23 financial year.
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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 …
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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 justice. An inspectorate could also help to monitor the use of technology in the courts. Accordingly, we recommend that the Government re-establish a Courts’ Inspectorate with updated and broadened terms of reference. (Paragraph 35) 44 Court Capacity The criminal courts The Crown Court
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Government response AI summary
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.
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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 …
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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 number of Crown Court trials that will need to be disposed of each month in order to deliver the reduction in the number of outstanding cases to reach its target of 53,000 by March 2025, and complement this with a detailed roadmap for achieving this.
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Government response AI summary
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 in the autumn.
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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 …
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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 system is required to improve the situation on timeliness. (Paragraph 50) Timeliness in the Crown Court
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Government response AI summary
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 to be available later.
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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 …
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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 offences, such as rape. (Paragraph 52) Sitting days in the Crown Court
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Government response AI summary
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.
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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 …
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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 that this target is not ambitious enough to build the capacity of the Crown Court in the long-term. Reducing delays in the long-term will require a sustained increase in the resourcing of the Crown Court. The Government should therefore also set targets for increasing the physical, judicial and staff capacity of the Crown Court in order to be able to deliver at least 110,000 sitting days a year for the next five years. (Paragraph 56) Judicial capacity in the Crown Court
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Government response AI summary
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.
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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 …
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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 capacity. Increasing the number of judges is a difficult task which requires a long-term approach and a sustained focus. The MoJ should produce a detailed plan on how it intends to increase the number of judges in the Crown Court in the long-term. (Paragraph 59) Court Capacity 45 Physical capacity in the Crown Court
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Government response AI summary
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 mentioned monitoring the impact of …
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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, …
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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, and ensure that the lessons learned from their establishment and operation are taken forward.
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Government response AI summary
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 technology and reform programmes within …
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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 AI summary
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.
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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 …
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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 thorough review of the practical and procedural implications of the use of section 28 is undertaken before there is any further expansion of its use. (Paragraph 69) Listing in the Crown Court
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Government response AI summary
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.
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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, …
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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, national level guidance on listing certain types of cases, such as that produced by the Lord Chief Justice on remote attendance, would be valuable. The Government should make a contribution to improving listing through policy initiatives, such as the establishment of specialist rape courts and guidance on the use of section 28 evidence. (Paragraph 74) The magistrates’ courts: video hearings
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Government response AI summary
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.
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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 …
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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 develop guidance and policies on when video hearings should be used in the magistrates’ courts. (Paragraph 78) 46 Court Capacity Judicial capacity in the magistrates’ courts
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Government response AI summary
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.
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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 …
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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 processes. (Paragraph 85) Civil and family courts Family Court
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Government response AI summary
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.
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Ministry of Justice