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
60match
#10 - Fifty-Second Report - Key challenges facing the Ministry of Justice
Government has also committed additional funding to support the court system to reduce the backlogs, including by making court rooms safe through the installation of plexiglass and introducing 40 Nightingale courts, with plans to increase this by a further 20 courts. It has also brought back into service some court rooms it closed through its court reform programme....
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
PFD report
53match
Christopher Hutton
Significant backlogs and high demand within Probation services meant a critical court-ordered treatment program for the deceased was not commenced, despite his anxiety to complete it.
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classifier match
PFD report
53match
Zahra Mohamed
Significant 2-week delays in obtaining and executing Mental Health Act warrants persist due to court and police scheduling issues, increasing the risk of harm to vulnerable patients.
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classifier match
PFD report
53match
Ronald Bainborough
Protracted 20-day timescales for obtaining and executing Mental Health Act warrants, due to limited court availability and police delays, expose individuals to significant harm before assessment.
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PFD report
53match
Paul Appleby
The absence of a regular Saturday Court Service by the Liaison and Diversion Team, relying solely on an 'On Call' system, raises concerns about potential future deaths.
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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
#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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classifier match
Committee recommendation
52match
#32 - 1st Report - Courts and Tribunals Bill
The determination whether to allocate an either-way case to the Crown Court Bench division will have significant implications for the defendant and everyone else involved in the case. The determination will be based on an early assessment of the circumstances of a case and may, in some situations, involve complex analysis and difficult judgments. As a result of...
Matched on
terms: judicial
Committee recommendation
52match
#3 - 3rd Report - The Future of Legal Aid
Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and defence that could compromise the fairness of the criminal justice system.
Matched on
terms: shortage
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
Frank Ospina
Mismatched healthcare and Home Office interpretations of Rule 35 led to a failure in reporting suicidal intentions, and an inappropriate "closed" visit denied a detainee physical contact and private conversation with family.
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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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Committee recommendation
44match
#43 - Launch urgent, comprehensive, root-and-branch review of the County Court by Spring 2026
We recommend an urgent and comprehensive, root-and-branch review of the County Court. This review must be launched by Spring 2026 and encompass recruitment and retention challenges within both the Judiciary and HMCTS, establish a realistic and sustainable plan for future digitisation and capital investment, and explore the future role of artificial intelligence. The overarching goal must be to...
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classifier match
Committee recommendation
44match
#41 - County Court functions as a 'Cinderella service' facing systemic delays and reform failures
The County Court is the ‘Cinderella service’ of the justice system in England and Wales. It is beset by delays as a result of a failed attempt at digital reform, recruitment and retention issues, and a complex and dysfunctional “patchwork” of outdated paper-based and digital systems. (Conclusion, Paragraph 157)
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classifier match
Committee recommendation
44match
#16 - Include in-depth assessment of County Court recruitment and retention crisis in future review.
A future review must include an in-depth assessment of the recruitment and retention crisis of the County Court, extending the existing discussions regarding HMCTS pay scales to include assessments of current and required workload capacities ensuring any additional resource is effectively allocated where it is needed most. This assessment needs to learn from areas of good practice such...
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classifier match
Committee recommendation
44match
#29 - 1st Report - Courts and Tribunals Bill
The evidence received suggests that a system of judge only trials is likely to be fairer and more efficient if defendants can elect for judge only trials. Although this would be in tension with the government’s view that only the courts should decide on allocation, there is merit to considering whether any alternative allocation mechanisms used in other...
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classifier match
Committee recommendation
40match
#28 - 1st Report - Courts and Tribunals Bill
Sir Brian Leveson originally proposed the three-year threshold alongside his recommendation for magistrates’ sentencing powers to be fixed at 12 months. If the maximum is increased to 24 months, cases of up to two and a half years could be retained by the magistrates’ court, which would appear to leave the CCBD with only a narrow tranche of...
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classifier match
Committee recommendation
40match
#11 - 1st Report - Courts and Tribunals Bill
The Ministry of Justice and HMCTS must publish quarterly statistics on magistrate recruitment, aligned with reporting to the Justice Performance Board. (Recommendation, Paragraph 44) Appeals from the magistrates’ court
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classifier match
Committee recommendation
40match
#8 - Mean family law case durations remain high with significant regional variations.
In 2024, the mean durations of public law and private law cases were 36 and 41 weeks respectively, significantly higher than the 27 weeks and 26 weeks on average in 2018.10 MoJ and HMCTS told us that the average duration for private and public law cases has reduced by about three weeks over the last year.11 MOJ stated...
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classifier match
Committee recommendation
40match
#7 - Family justice backlog remains large despite recent decrease from 2021 peak.
Family justice faced rising demand before the COVID-19 pandemic, with public law receipts peaking in 2017 at 19,389, while private law receipts peaked in 2020 at 55,711. The backlog of cases increased by 2021 and cases were taking longer to settle.8 The number of outstanding cases remains large, but has fallen from a peak of 65,743 cases in...
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classifier match
IMB recommendation
40match
Cookham Wood (2021)
An urgent review of court procedures is required, to avoid children enduring long periods in prison while being held on remand – with the potential for at least some of them being found not guilty at the end of their long stay on remand.
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