Recommendation 27

As the NAO report found, MoJ cannot put a figure on how much has been spent on addressing the backlog in the Crown Court, as actions to address the backlog are spread over different parts of the criminal justice system.73 Judicial and staffing capacity, physical court capacity, the rate at which new cases come into the court and the rate at which cases conclude all affect the size of the backlog.74 At our evidence session, MoJ told us that around £42 million of the £477 million from the 2021 Spending Review was spent on the criminal courts, including additional sitting days in the Crown Court. Another £65 million was spent on handling the demands of the COVID–19 pandemic and associated recovery. Of the £107 million total, £28 million was spent on Nightingale courts and £18 million on video hearings, while other funding went to other parts of the justice system such as new 67 Qq 27, 75 68 Qq 6, 45 69 Qq 26, 45, 86; Letter from HMCTS to PAC, 22 January 2025 70 Qq 6, 45 71 Qq 45, 55, 64 72 C&AG’s Report, paras 1.8, 3.2 73 C&AG’s Report, para 17 74 C&AG’s Report, paras 17, 3.2 19 prisons and legal aid.75 MoJ also told us about how it has used funding in recent years to support criminal legal aid for barristers76 and solicitors,77 and to address the maintenance backlog in the courts.78