Recommendation 3

We have limited confidence in the Ministry’s plans for reducing the backlog in the court system, particularly in criminal courts. The backlog in criminal courts was growing before the pandemic, and many organisations have warned that it could take years to clear the backlog. But the Ministry and HMCT could not tell us what level of outstanding caseload is, in their view, acceptable. It is therefore not clear to us what the Ministry is aiming for in its plans to reduce the backlog. What is abundantly clear is the impact that delaying access to justice has on victims and witnesses, who in some cases find themselves waiting years to access justice. There is a risk that the Ministry is overly relying on the potential of technology 6 Key challenges facing the Ministry of Justice to manage the increased demand in the court system, without yet having a clear understanding of how the rapid expansion of remote justice impacts on court users or justice outcomes. Recommendation: The Ministry should write to the Committee within one month to set out its plan, including clear projections and timeframes, to reduce the backlog in the court system, particularly in criminal courts where the backlog is most acute.