PARLIAMENTARY DEBATE
Crown Court Backlog - 8 July 2025 (Commons/Commons Chamber)

The Government inherited a record and rising courts backlog. We are investing more than the Conservatives ever did, and funding a record allocation of Crown court sitting days—110,000 days this year, which is 4,000 more than during the last Government—but we must reform, too. Sir Brian Leveson will soon present his recommendations for delivering once-in-a-generation reform and swifter justice for victims.

In Essex, 20% of cases are stopped after a defendant has been charged because victims are dropping out and withdrawing their support. With some waiting years for their case to get through the courts, is it any wonder that they give up on justice? Does the Secretary of State agree that we need radical action now to stop the backlog from getting any bigger in places like my constituency of Harlow?

My hon. Friend is absolutely right. Victims on many occasions feel retraumatised by the criminal justice system because of the long delays. Defendants know that cases are taking too long to be heard; too many of them think that they can game the system, and that if they wait long enough, victims will drop out. That is why we are determined to deliver swifter justice for victims. It is why we have delivered a record number of sitting days in the Crown court this year, and it is why we will do once-in-a-generation reform of our courts after Sir Brian publishes his review.

Thanks to the massive court delays inherited from the Conservatives, as the Secretary of State said, residents in Dartford continue to face huge delays in getting cases involving them to court. What assurance can she give that the delays will reduce, and that for my constituents, it will not continue to be a case of “justice delayed is justice denied”?

My hon. Friend is absolutely right that the old adage, “justice delayed is justice denied”, has come true. We know that we need bold reform. We have to get the backlog down, and we have to deal with the rising and record demand coming into the system as well. That is why we have made a record allocation of Crown court sitting days, but we also need bold, once-in-a-generation reforms. His constituents and the country deserve nothing less.

The people of Newcastle-under-Lyme want thugs and criminals to be held to account and to feel the full force of the law, and victims of crime to get the justice they deserve. In the west midlands—my home region and the Lord Chancellor’s—the Crown court backlog has increased by over 3,000 cases since 2016. It is clear that we need an overhaul of the system, and to speed up justice. Will the Lord Chancellor tell us two things? When does she expect the Leveson report to be published, and what may it mean for the future of jury trials?

The publication of Sir Brian Leveson’s review is due very soon. My hon. Friend will understand why I cannot give any the exact date, but once Sir Brian has published his findings, the Government will consider them in due course, and we will come to the House first with our full response.

Jury trials will remain a cornerstone of our justice system in the most serious cases, but we have to recognise that they take five times longer than cases heard in magistrates courts, and magistrates courts already hear 90% of all criminal trials. With victims waiting so long for their day in court, we must ask whether there are cases being heard by juries today that need not be heard by juries in future.

The rise in the Crown court backlog in 2024 was 7,051 additional cases; that is 588 extra cases on the backlog every month. The figures for March 2025 show an additional rise over three months of 2,300; that is 769 additional cases on the backlog every month. Not only is the position getting worse under the Lord Chancellor’s leadership, but the rate at which it is getting worse is increasing. Can she explain to the House why the rate is getting worse, and why, when in November the Lady Chief Justice offered 6,500 additional sitting days, she did not accept every single one of those?

I am rather surprised by that question from the hon. Gentleman, because he is normally across the detail. Let me tell him two points of detail that were missing from his question. First, he knows that the demand coming into the system is rising. We have record numbers of cases coming into the system, which is a good thing, because it means that victims are seeking justice, but the system has not been able to cope with that demand. Secondly, he should know that there is a difference between judicial capacity, which is what the Lady Chief Justice has spoken about, and system capacity. Unless he and the Conservatives have suddenly discovered a system that will 3D print new judges, lawyers, prosecutors and defence barristers overnight, I think he will recognise that there comes a point at which additional money does not buy us the ability to go faster. That is what I have to reckon with as Lord Chancellor. I have set the sitting days at 110,000 because that is the max for the system, and that is fully funded. We will consider once-in-a-generation reform to get to the bottom of this problem and fix it once and for all.

I will happily look at the details of the case that the hon. Lady raises. Some of that relates to charging and what the police and others are doing, but I will ensure that she gets a full response from across Government on some of the specifics. Let me observe that we make a whole range of victim support available to victims as they navigate the criminal justice system, and we will continue to do so; I recommend that she recommends some of those mechanisms to her constituent. We have made a record allocation of funding to the Crown courts, but we recognise that we need to go further, as we will after the publication of Sir Brian Leveson’s report.

The Crown court backlog stands at approximately 73,000 cases annually, and rape and sexual assault trials in Leicester Crown court face delays of up to three years. What steps is the Department taking to reduce that backlog and ensure that serious offences are brought to trial more efficiently to prevent further trauma for victims and the miscarriage of justice?

The hon. Gentleman is right that the delays in the system and the long waits for trials are causing huge amounts of trauma to victims, who regularly tell me, him and other Members from across this House that they feel retraumatised by the criminal justice system when they seek justice. I am not willing to tolerate that, which is why I have made record funding available. I recognised right at the outset that the system cannot carry on as it has done for all these years. We need to ask a bigger question about the sorts of cases in our system that get a jury trial, and those that do not. This Government will pursue once-in-a-generation reform of our Crown courts.

I call the Chair of the Justice Committee.

Last year, 839 magistrates court trials and 186 Crown court trials had to be cancelled because the defendant was not brought to court on time by prisoner escort contractors. We expect Sir Brian’s report very shortly, which will have a range of proposals on how to reduce the unprecedented backlog in the Crown courts. Does my right hon. Friend agree that however effective those reforms prove to be, they will be undermined from the start unless the performance of contractors such as Serco improves?

My hon. Friend is right that the performance of contractors needs to improve. He and I have discussed that, and the issue regularly comes up in oral questions in relation to the contract for electronic monitoring. We monitor those contracts regularly. We are determined to pursue once-in-a-generation reform, but my hon. Friend will know that the whole system needs to become more productive and efficient. That is why there will be a second part to Sir Brian Leveson’s work, which will report later in the year, and which will look at productivity and efficiency across the criminal justice system. I regularly discuss these matters with the Criminal Justice Board as well.

One of the most important things we can do, as the Lord Chancellor seems to indicate, is reduce the number of cases going into the system by reducing reoffending where possible, including intergenerational reoffending. Given that 65% of boys with a parent in prison will go on to offend, what steps is the Secretary of State taking to ensure that the children of prisoners are properly identified and supported, so that they do not become the next generation of people in prison?

The right hon. Gentleman raises a really important point, and I am grateful to him for doing so. Focusing on the children of prisoners was a manifesto commitment of our party, because—exactly as he says—there is a cycle there that society needs to break, particularly for the children of male prisoners, and especially their sons. We are leading work on joining up information sharing across Government to make sure that those children are identified, properly supported, and able to break the cycle of offending in their family. We must do so in a way that does not stigmatise those children and push them away from those who want to help them. Sensitivity and delicacy are required, but the right hon. Gentleman is absolutely right to recognise the problem, which we are working on with colleagues in other bits of Government.

I call the Liberal Democrat spokesperson.

The Liberal Prime Minister William Gladstone was right when he said,

“Justice delayed is justice denied”.

He would look on the inheritance that this Government received from the Conservative Government as a matter for great shame. While creative solutions are required to tackle the backlog, the jury trial—which we hear may be at risk for some—is a critical safeguard on state power, and is key to a liberal and free society. Ahead of the Leveson report, which is coming out very soon, can the Government tell us how they will increase the overall capacity of the courts system to dispense justice, as opposed to potentially undermining justice altogether?

I thank the Liberal Democrat spokesperson for that question, but I would challenge him on two points. I do not think we are undermining justice in this country, when he himself recognises that justice delayed is justice denied. We are trying to properly think through, “What is a good system for us to proceed with in this country?” As he knows, 90% of all criminal cases already go to the magistrates court. That is why we will pursue the reforms that we have set out.