13
Conclusion
12th Report - Crown Court backlogs
Accepted in Part
Written evidence to our inquiry highlighted concerns about the impact on victims, and particularly the serious impact that the backlog can have on victims’ work, family, and mental health and wellbeing.30 Academics from the Justice in COVID–19 for Sexual Abuse and Violence (JiCSAV) project noted that practitioners could provide examples …
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Written evidence to our inquiry highlighted concerns about the impact on victims, and particularly the serious impact that the backlog can have on victims’ work, family, and mental health and wellbeing.30 Academics from the Justice in COVID–19 for Sexual Abuse and Violence (JiCSAV) project noted that practitioners could provide examples of cases where victims had withdrawn from the prosecution process because of court delays.31 The FDA union told us that RASSO prosecutions took, on average, over two years to come to trial.32 The Rape and Sexual Assault Counselling Centre (RSACC– based in Darlington and County Durham) said in their evidence that many of the people they work with find the court process as traumatic as the crime itself, and issues caused by the backlog only compound this.33
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Government response AI summary
The government agrees with the Committee's concerns, highlighting existing judicial practices that prioritise serious sexual offence cases and routine data publication. They have also protected and rolled over funding for Violence Against Women and Girls (VAWG) and victim support services, while remaining committed to improving …
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HM Treasury
15
Conclusion
12th Report - Crown Court backlogs
Accepted in Part
The remand population has grown sharply in recent years. The number of people on remand in September 2024 was 17,600, 20% of the prison population, the highest level in 50 years, up from 9,602 (11% of the prison population) in 2019.35 HMCTS was unable to provide up–to–date information on the …
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The remand population has grown sharply in recent years. The number of people on remand in September 2024 was 17,600, 20% of the prison population, the highest level in 50 years, up from 9,602 (11% of the prison population) in 2019.35 HMCTS was unable to provide up–to–date information on the number of people on remand beyond their custody time limits, with HMCTS saying current data on this was “not fantastic”.36 The NAO report found that as of 30 September 2022, 32% of the remand population had been held on remand beyond the custody time limit of 6 months, and 5% had been on remand for more than two years, which is particularly concerning when some defendants will be found not guilty.37 The NAO’s 30 CCB0005 31 CCB0005 32 CCB0006 33 CCB0009 34 Qq 41, 42, 46 35 Q 47 36 Qq 48–49 37 Q 50; C&AG’s Report, para 3.14 14 report found that in 2022, 35% of those remanded in custody awaiting trial did not ultimately receive a custodial sentence, including 13% who were acquitted entirely.38
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Government response AI summary
The government agrees with the Committee's concerns, stating they will continue discussions with the Lord Chief Justice to prioritise remand cases, especially the oldest. They are exploring initiatives to address time spent on remand and commit to developing improved data systems for remand by April …
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HM Treasury
24
Recommendation
12th Report - Crown Court backlogs
Accepted in Part
MoJ told us that it has spent “a significant amount of money” on maintaining the court estate over the last two years.64 HMCTS told us that there is a significant maintenance backlog, but nevertheless assured us that the total capacity of Crown Court courtrooms is adequate for the current number …
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MoJ told us that it has spent “a significant amount of money” on maintaining the court estate over the last two years.64 HMCTS told us that there is a significant maintenance backlog, but nevertheless assured us that the total capacity of Crown Court courtrooms is adequate for the current number of sitting days and is not a constraint on progressing cases through the Crown Court. It told us that only 2% of capacity is lost each year because of planned or unplanned maintenance, and, by moving cases around between courts, only 0.2% of sitting days are lost.65 HMCTS stated that at present there are 16 Nightingale courtrooms–temporary courtrooms set up during Covid–19 to meet social–distancing requirements and which are typically three times as expensive to run as existing courts– still operating across seven venues. However, it told us that the remaining Nightingale courts now compensate for court closures for other reasons, for example courts that have shut because they contain RAAC concrete.66 HMCTS told us of its continual efforts to shut expensive Nightingale courts 58 Qq 6 ,42, 46 59 Qq 12, 16; C&AG‘s Report, Figure 10 60 Q 18 61 Qq 17–21, 28 62 Qq 22–23 63 Q 22 64 Q 26 65 Qq 26–27, 73 66 Qq 65–68; Letter from HMCTS to PAC, 22 January 2025 18 and use the main estate instead, but we remain concerned that Nightingale courts are still operating when up to 20% of courtrooms are not in use on a typical day.67
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Government response AI summary
The government agrees with the Committee's implied recommendation and is taking several specific actions, including increasing Crown Court sitting days, boosting maintenance funding, ongoing judicial recruitment, and increasing legal aid funding. However, they note that demand is so great these actions alone are insufficient and …
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HM Treasury