Source · Select Committees · Public Accounts Committee
Recommendation 29
29
Accepted
Missed opportunity to fund maximum court sitting days exacerbated backlog
Conclusion
In evidence to the Justice Committee in November 2024, the Lady Chief Justice described how the concordat agreement with MoJ for 2024–25, agreed under the previous administration, had provided for 106,000 sitting days. She reported that in August HMCTS had then said the courts could actually sit up to a maximum capacity of 113,000 days; in light of which there had been conversations about whether the MoJ wanted to fund to maximum capacity, and the decision was taken not to do so. An additional 500 days had been found, taking the total sitting days to 106,500, but from within HMCTS’s allocation, not with additional funding. She said that the decision to limit to 106,500 had had a drastic effect, with cases that were ready to be heard not likely to come back before late 2025–26 or even 2027. She stressed that this would not be saving money, and that by deferring cases the costs would actually increase, with the CPS and barristers having to redo and refresh work done previously, in addition to the social cost of delays. The Lady Chief Justice commented that “There was an opportunity to sit to maximum capacity at 113,000 and it was not taken.” 81 Returning to our evidence session in January. MoJ told us that one of the key things it was doing to address the backlog was doing as much as it could, within funding 75 Q 9 76 Q 19 77 Q 22 78 Q 73 79 Q 38 80 Q 30 81 Justice Committee, Oral evidence: Work of the Lady Chief Justice, 26 November 2024, HC 421, Qq 3, 6, 21 20 constraints, on sitting days.82 It told us that a small fluctuation in its budget emerged at the end of last year, as a result of which it was able to fund an additional 2,000 sitting days, taking the total to 108,500 for the year.83 Accuracy of data across the criminal justice system
Government Response Summary
The government commits to funding 110,000 Crown Court sitting days in 2025-26, the highest allocation ever, and outlines various other ongoing initiatives such as judicial recruitment, increased legal aid funding, and court maintenance to reduce the backlog. It also states it awaits recommendations from the Independent Review of the Criminal Courts for longer-term reform.
Government Response
Accepted
HM Government
Accepted
1.1 The government agrees with the Committee’s recommendation. Recommendation implemented: March 2025 1.2 The Ministry of Justice (MoJ) is committed to bearing down on the Crown Court backlog and is delivering a wide range of work to achieve this: • Having increased magistrates’ court sentencing powers from 6 to 12 months for a single triable-either way offence; • Funding 110,000 Crown Court sitting days in 2025-26, the highest allocation ever provided and 4,000 more than originally allocated the previous financial year; • Boosting court maintenance funding to £148.5 million, the highest figure spent on maintenance and capital works in 10 years; • Ongoing judicial recruitment for 34 Circuit Judges, including 19 in Crime and up to 70 Recorders. Further recruitment will launch in 2025-26 for 55 Circuit Judges, including 45 in Crime. • Increasing criminal legal aid solicitors funding by £92 million per annum, subject to consultation; • Working with cross-system partners through the judiciary-led Criminal Courts Improvement Group to drive efficiencies across the criminal justice system (CJS); • Trialling a ‘Case Coordinator’ role in ten Crown Courts, aiming to improving adherence to the Better Case Management principles; • Funding vital victim and witness support services – over 2022-2025, the MoJ spent at least £460 million on victim support services, including on dedicated services for victims of domestic abuse and sexual violence. 1.3 However, demand on the courts is now so great that these actions alone are not enough to reduce the outstanding caseload. 1.4 The system requires substantial reform, and the MoJ looks forward to receiving the Independent Review of the Criminal Courts’ recommendations on longer-term structural reform options in Spring 2025.