Judicial Capacity Shortages
Insufficient numbers of judges and staff leading to significant capacity issues and constraints within the court system.
Strongest theme matches
Mixed across source types and ranked by classifier confidence plus text match strength.
Committee recommendation
100match
#4 - Clarify required family court capacity and plans to resolve judge and social worker shortages.
Shortages in the number of district judges and social workers are contributing to delays, and to significant regional differences in timeliness of resolving cases. There are wide variations in durations of cases; for example, in December 2024, the average duration for public law cases was 24 weeks in Wales but 53 weeks in London (for private law, it...
Matched on
terms: capacity, judicial, shortage
Committee recommendation
96match
#17 - Produce a detailed long-term plan to increase judicial capacity in the Crown Court.
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...
Matched on
terms: capacity, judicial
Committee recommendation
86match
#22 - Overall capacity requirements for the family justice system caseload remain undefined.
The capacity required to manage the caseload efficiently on a timely basis, both at a national level, and in each part of the country, has not been set out.46 MoJ argued that there is more than enough capacity in the system overall to meet demand, on the grounds that backlogs are reducing.47 However HMCTS has taken some measures...
Matched on
terms: capacity, shortage
Committee recommendation
77match
#31 - Increased asylum refusals place acute pressure on immigration and asylum tribunal system.
People who are refused asylum by the Home Office can appeal the decision in the immigration and asylum tribunal, administered by HM Courts & Tribunals Service (HMCTS). The increased number of refusals brought about by more decisions being made is likely to increase the number of appeals. In June 2023, the National Audit Office reported that the Home...
Matched on
terms: capacity, judicial
Committee recommendation
74match
#21 - Case complexity, administrative landscape, and staff shortages contribute to London court delays.
MoJ and HMCTS told us that cases can take longer in London partly because there are more complicated cases, often with international dimensions. There is also a complicated administrative landscape with 33 different local authorities all doing things differently.44 HMCTS and Cafcass added that shortages in district judges and social workers, especially in London and the Southeast, are...
Matched on
terms: shortage
Committee recommendation
71match
#16 - Public law cases suffer delays from cancelled hearings and excessive hearing numbers.
In public law, 32% of cases had at least one hearing cancelled on the day, which contributes to delays.27 HMCTS told us that the main reason cases are cancelled or adjourned, in over 25% of cases, is non-compliance with what the judge has ordered parties to do. Sometimes this is about staff capacity; for example, the capacity of...
Matched on
terms: capacity
Committee recommendation
70match
#26 - Ministry of Justice received substantial funding to tackle Crown Court backlog and expand capacity.
In the 2021 Spending Review, MoJ received an additional £477 million to support recovery across the criminal justice system, including to help reduce the Crown Court backlog which then stood at around 60,000. MoJ also secured an additional £644 million a year by 2024–25 to expand capacity across courts, prisons and probation services.72
Matched on
terms: capacity
Committee recommendation
70match
#18 - Concerns about judicial independence and potential investigatory hierarchy within the Legacy Commission.
The Government’s plans for an enhanced inquisitorial mechanism through the Legacy Commission are seen by some as an improvement on the system introduced by the 2023 Act. We heard there are concerns, however, that they could lead to a hierarchy in terms of investigative processes and standards for different families depending on the circumstances of their case and...
Matched on
terms: judicial
Committee recommendation
69match
#25 - Home Office makes little progress on VAWG prevention, straining criminal justice system capacity.
The NAO found that, to date, the Home Office has made little progress developing measures to prevent violence against women and girls (VAWG).58 The Home Office told us that it expects that reported rates of VAWG will increase initially due to an increase in trust in the system.59 However, stakeholders told the NAO that they were concerned about...
Matched on
terms: capacity
Committee recommendation
65match
#29 - Missed opportunity to fund maximum court sitting days exacerbated backlog
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...
Matched on
terms: capacity
Committee recommendation
65match
#8 - Ministry of Justice introduced various measures to address the Crown Court backlog.
MoJ has previously introduced measures to address the backlog, including those within the 2021 Criminal Justice Action Plan.17 MoJ described current work to manage the Crown Court caseload, including: • Increasing the number of sitting days to 108,500 this year. • Supporting the physical capacity of the courts estate by maintaining Nightingale courts. • Running recruitment rounds for...
Matched on
terms: capacity
Committee recommendation
64match
#3 - Forty-Third Report - Reducing the backlog in criminal courts
We are not convinced that the Department can recruit enough judges to deliver on its ambition to reduce the Crown Court backlog. Reducing the backlog to 53,000 by March 2025 relies on increasing the number of days that the Crown Court hears cases, from 100,000 in 2021–22 to 105,000 in 2022–23, then 106,500 in both 2023–24 and 2024–25....
Matched on
terms: capacity
Committee recommendation
61match
#43 - 1st Report - Courts and Tribunals Bill
The government must work with the judiciary to produce an estimate of the amount of judicial time that will be needed to produce judgments in all judge only trials in the Crown Court each year. (Recommendation, Paragraph 152)
Matched on
terms: judicial
Committee recommendation
61match
#42 - 1st Report - Courts and Tribunals Bill
Reasoned judgments in the Crown Court will help to make criminal courts more transparent. We accept that in some cases the requirement will not be unduly onerous, but there are likely to be cases where the need to provide a judgment will be an additional burden for the judge that they would not have had if the case...
Matched on
terms: judicial
Committee recommendation
61match
#26 - 1st Report - Courts and Tribunals Bill
The evidence submitted to the Committee indicates that the allocation process in the Crown Court could consume a significant amount of court time and judicial resource. Given that the aim of the bill is to save time in the Crown Court, it is troubling that the provisions on allocation will lead to court time being consumed in considering...
Matched on
terms: judicial
Committee recommendation
61match
#9 - 1st Report - Courts and Tribunals Bill
We are not convinced that the capacity of the magistrates’ court can be expanded sufficiently to deal with the potential increases in workload that could result from the changes in the bill. It seems unrealistic to propose that 7,000 magistrates can be recruited in three years and that there will be 21,000 magistrates by 2029. The decline in...
Matched on
terms: capacity
Committee recommendation
60match
#21 - 1st Report - An analysis of the asylum system
There is also no systematic approach for capturing learning from upheld appeals, which could otherwise help reduce avoidable demand and unnecessary pressure on the appeals system.49 These issues have been intensified by pressures on the legal aid system, which the MoJ highlighted, noting that more individuals are now representing themselves and that this requires additional support from tribunal...
Matched on
terms: capacity
Committee recommendation
60match
#9 - HMRC completed significantly fewer tax-related prosecutions during the pandemic years.
Over the two pandemic years, HMRC completed around 1,000 fewer prosecutions for tax-related offences than before the pandemic. In 2020–21 and 2021–22, it concluded just 163 and 236 prosecutions respectively, compared with around 700 a year in the two years before the pandemic.14 HMRC told us that court closures and reduced court capacity during the pandemic affected the...
Matched on
terms: capacity
Committee recommendation
57match
#10 - 1st Report - Courts and Tribunals Bill
The government must put forward a plan to significantly increase the number of salaried district judges in the magistrates’ court. The Government must also ensure that the pay of legal advisers is matched with comparable legal roles in the public sector. (Recommendation, Paragraph 43)
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classifier match
Committee recommendation
57match
#7 - 1st Report - Courts and Tribunals Bill
We can see why the ability to vary magistrates’ sentencing powers according to capacity pressures might be attractive to the government. However, frequent changes to those powers are unlikely to assist magistrates in making consistent and effective allocation decisions. Further, it is possible that a future government might seek to either increase the maximum from 6 months to...
Matched on
terms: capacity
Committee recommendation
57match
#4 - Urgently reduce remand numbers to 2019 levels and publish granular remand population data.
The remand population is at its highest number for 50 years, and the length of time some defendants on remand wait for their cases to be heard is disrupting their lives and their families’ lives, and adding to prison overcrowding. The remand population has increased sharply in recent years, reaching 17,600 in September 2024 (20% of the prison...
Matched on
terms: capacity
Committee recommendation
56match
#20 - 1st Report - An analysis of the asylum system
Planning across the asylum system has had to respond to shifting pressures at different stages of the process, and departments’ ability to model demand and plan ahead has been limited by the absence of shared data and a single, end-to-end view of system performance.47 Capacity constraints in casework, appeals, legal aid and accommodation have historically led to delays...
Matched on
terms: capacity
Committee recommendation
53match
#11 - First Report - Draft Investigatory Powers Act 2016 (Remedial) Order 2023: Second Report
We are surprised by the Home Office’s statement that the IPCO does not have a mechanism for facilitating urgent approvals by Judicial Commissioners outside standard working hours. We therefore encourage the Home Office to engage with the IPCO to see whether an appropriate mechanism - such as an on-call rota - could be developed in order to minimise...
Matched on
terms: judicial
Committee recommendation
53match
#69 - 2nd Report - Research and development tax relief, HMRC data requirements, promoters of tax avoidance and...
While we recognise the impact of wider delays in the criminal justice system and of resource constraints within HMRC, we are concerned by the sharp decline in the number of prosecutions for tax fraud in recent years, and the impact this is likely to have on deterrence.
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classifier match
Committee recommendation
53match
#3 - Improve data-driven forecasting of Crown Court cases to adapt court system processes.
For some time now, MoJ has been failing to adequately forecast increases in the number and mix of cases being sent to the Crown Court, reducing its ability to plan how the courts system may need to adapt to meet the varying caseload. MoJ carries out modelling to project likely numbers of new cases coming to the Crown...
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classifier match
Committee recommendation
53match
#13 - Civil judiciary no longer an attractive profession, hindering recruitment of high-performing candidates.
While we welcome the recent introduction of location-based advertising for full-time judicial roles, the civil judiciary is no longer an attractive profession. It is vital more is done to attract high performing candidates to the district-bench. (Conclusion, Paragraph 64)
Matched on
terms: judicial
Committee recommendation
52match
#43 - 3rd Report – Access to Justice: Legal Aid
Expansion of legal aid to inquests is positive, but there may not be capacity in the system for sufficiently qualified and experienced lawyers to do this work. (Conclusion, Paragraph 127)
Matched on
terms: capacity
Committee recommendation
52match
#8 - Forty-Third Report - Reducing the backlog in criminal courts
The Department’s plan to reduce the Crown Court backlog to 53,000 cases relies on increasing the number of sitting days from 100,000 in 2021–22 to 105,000 in 2022–23, then 106,500 in both 2023–24 and 2024–25.10 HMCTS told us that it has the court staff that it needs to meet these plans.11 But the Department needs to recruit more...
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PFD report
49match
Christopher Hutton
The coroner noted that the deceased had not commenced an intensive Probation treatment programme, which was part of their sentence, due to high demand and significant backlogs in allocating places.
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classifier match
PFD report
49match
Ronald Bainborough
The coroner raises concerns about the lengthy timescales for applying for and executing Section 135(1) warrants, noting delays due to limited court hearing slots and time taken to schedule police for execution. This creates a risk of harm to individuals awaiting assessment.
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classifier match
PFD report
49match
Paul Appleby
The coroner raises concerns about the Liaison and Diversion Team at Northampton no longer operating a Saturday Court Service, previously covered by an 'On Call' service, noting this absence could risk future deaths.
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Committee recommendation
49match
#45 - 1st Report - Courts and Tribunals Bill
It is plausible that judge only trials will prove to be more efficient than jury trials, as the evidence shows they are in Canada. However, to ensure that their operation enhances the overall efficiency of the criminal courts, their introduction must be carefully managed to avoid introducing unnecessary complexity that could undermine any time-savings gained. Under the proposals...
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classifier match
Committee recommendation
48match
#3 - 2nd Report - Accountability for Daesh crimes
The Government has told us that the most appropriate forums for prosecuting individuals are the jurisdictions where the crimes were committed. Given the concerns with regard to fair trial rights, capacity, and resources, we must not rely on other countries to investigate and prosecute individuals for international crimes. Where the UK has jurisdiction over international crimes, the UK...
Matched on
terms: capacity
IMB annual report
47match
Durham (2022)
HMP Durham, a reception and resettlement prison, housed 976 prisoners at year-end, with 61.6% on remand, operating above its certified capacity. The Board commends staff for managing a challenging environment, noting that 93% of prisoners feel safe. Key concerns include persistent overcrowding, the increasing time unsentenced prisoners spend on remand due to court backlogs, and inadequate access to...
Matched on
terms: capacity
PFD report
45match
Zahra Mohamed
The coroner noted concerns regarding the two-week timescale for obtaining and executing Section 135(2) warrants, which creates an ongoing risk of harm to patients during the delay in intervention.
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classifier match
PFD report
45match
Frank Ospina
The coroner noted a failure to apply Detention Centre Rule 35 for a detainee with suicidal intentions due to a mismatch in understanding between healthcare and the Home Office. Concerns also arose regarding an inappropriate 'closed' visit which prevented physical contact and private conversation.
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classifier match
Committee recommendation
45match
#126 - 1st Report - Cutting crime: better community sentences
An interesting approach is being tested in Ireland. While their efficacy remains to be confirmed, the mechanisms of the âIntegratedâ Community Service Orders are intended to create incentives for people on probation to engage with rehabilitation and in a range of activities that is meaningful to them. They also save time before courts.
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classifier match
Committee recommendation
45match
#115 - 1st Report - Cutting crime: better community sentences
âIntegratedâ sentences also save time before courts. Dr Guilfoyle explained that if offenders do not successfully complete their integrated CSO, âit does not result in a revocation of the order; they just go back to doing the normal community service hours.â 225 This means that the Probation Service can mark the breach of the âintegratedâ element of the...
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classifier match
Committee recommendation
45match
#7 - 9th Report - Draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025: Second...
We remain concerned about the resourcing of legacy cases. Our Committee may well revisit this issue if the lack of adequate funding affects the right of access to the courts. (Conclusion, Paragraph 115)
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Committee recommendation
45match
#7 - 3rd Report – Access to Justice: Legal Aid
The position of the criminal duty solicitor scheme is dire, increasing the risk of miscarriages of justice and negatively impacting the government’s ability to reduce the courts backlog. (Conclusion, Paragraph 34)
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Committee recommendation
45match
#20 - 4th Report - Housing Conditions in the Private Rented Sector
We recommend that the government publish the metrics it will use to assess whether the courts are coping with the new demands placed on them by the Renters’ Rights Act and regularly report on their progress. (Recommendation, Paragraph 88) 83 Supporting landlords
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Committee recommendation
45match
#19 - 4th Report - Housing Conditions in the Private Rented Sector
We are concerned that the effectiveness of the Renters’ Rights Act 2025 could be undermined if courts are not ready and sufficiently resourced to cope with the new demands for housing cases. (Conclusion, Paragraph 87)
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classifier match
Committee recommendation
45match
#1 - 1st Report - Courts and Tribunals Bill
Sir Brian Leveson was commissioned by the government to undertake his Independent Review of the Criminal Courts in response to the deepening crisis in the Crown Court. The open caseload has reached a record high of over 80,000 outstanding cases as of December 2025, with some trials now listed as far ahead as 2030. The government should have...
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classifier match
Committee recommendation
45match
#30 - Fifteenth Report - Improving the prison estate
The prison population fell during the COVID-19 pandemic as a result of the cancellation of jury trials and fewer cases coming through from the courts.67 In March 2020, almost half of all courts were closed and jury trials were paused to minimise social interaction between court users.68 By June 2020, the media reported that this had created a...
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classifier match
Committee recommendation
45match
#9 - MoJ's ambition to reduce the Crown Court backlog is contingent on the Leveson Review.
When asked about its current ambition for the level of open Crown Court cases, MoJ said that the crucial factor in achieving a reduction in the backlog is the Independent Review of the Criminal Courts (the Leveson Review), which MoJ expects will provide a fundamental assessment of the reforms it can make in the longer term.19 The Lord...
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classifier match
Committee recommendation
45match
#178 - Significant backlog in adjudication process undermines prison discipline and progression model
The significant backlog in the adjudication process, acknowledged by the Prisons Minister, undermines discipline in prisons. While current policy allows governors to balance punishment with support, we received evidence which shows this is not happening consistently. Some prisoners face no repercussions, while others are removed from rehabilitative programmes. The latter approach is completely counterproductive. The Earned Progression model...
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classifier match
Committee recommendation
45match
#25 - Remand prisoners face lengthy custody with limited options due to court backlogs
It is right that the remand population should not be mandated to participate in the regime, as they have not been found guilty. However, due to the length of time remand prisoners are in custody for due to the court backlogs, it is not right that they are spending their time languishing with limited options available to them....
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classifier match
CJINI report
45match
The operation of Bail and Remand in Northern Ireland
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classifier match
CJINI report
45match
File Quality, Disclosure and Case Progression and trial recovery from the COVID-19 pandemic
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classifier match
CJINI report
45match
An Inspection of the effectiveness of Criminal Court administration
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