Almost 0 cases.
And counting.
The Crown Court backlog has more than doubled since the pandemic. Behind every number is someone waiting for justice.
Thebacklogisprojectedtoexceed200,000by2035.
79,619 cases. Still growing.
Justice delayed for thousands.
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Why the Backlog Keeps Growing
Demand is Growing
Cases are arriving faster than they can be processed. Increased police officer recruitment is leading to a higher number of charges for criminal offences, and so there is more work for the criminal courts. Without action the Government projects the backlog could reach over 200,000 by 2035.
Cases Are More Complex
Cases today involve far more evidence — mobile phone downloads, digital material, and DNA analysis. Each case takes longer to prepare and hear.
Courts Running at Full Capacity
Next financial year, there will be no financial limit to the amount of work the Crown Court can take on – we are enabling it to work at its maximum capacity.
£287 million is being invested in the court estate and £126 million more per year in criminal legal aid.
Even with this record investment, the backlog is still projected to reach 113,000 by 2029 and could rise to 174,000 by 2035.
Efficiency
Alongside investment, we are modernising the criminal courts to bring them into the 21st century.
We are also expanding our in-house Justice AI Unit, a specialist team deployed to our frontline to tackle top challenges, with an additional £12m investment next year.
“More money and efficiency measures alone will not be sufficient to allow the system to operate as it should”The Rt Hon Sir Brian Leveson
We also need structural court reform.
Criminal Court Reform
Magistrates’ courts
Swift, Bench Division
Crown Court
The Criminal Courts, Explained
All criminal cases begin in the magistrates' courts and over 90% are resolved there. These are low-level offences which can only be tried in the magistrates' courts as well as some less serious intermediate cases. Intermediate cases can be tried in either the magistrates' courts or the Crown Court.
The Criminal Courts, Explained
The most serious offences — such as murder, rape and robbery — must be sent to the Crown Court for trial by jury.
Magistrates may send intermediate cases to the Crown Court but defendants can also choose (elect) to have a Crown Court trial by jury for these cases.
The Courts and Tribunals Bill
The Government is bringing forward primary legislation in Parliament — the Courts and Tribunals Bill — to reform the criminal courts. The reforms will mean more cases are heard in the magistrates’ courts, where outcomes are up to four times faster. In the Crown Court, reforms will introduce judge-alone trials (without a jury), including a new Swift, Bench Division to hear intermediate cases (with likely sentences up to 3 years). Jury trials in the Crown Court will remain for the most serious crimes. Demand on Crown Court time is projected to drop by almost 20% as a result.
Fivereforms.27,000sittingdaysfreedupperyear.Investmentandreformtogetherturnthetide.
Almost 20% reduction in demand on Crown Court time.
Removal of Right to Elect
The court decides the most appropriate venue for trial.
Ensuring the most appropriate venue is decided by experts, based on the seriousness of the case.
Magistrates’ Court Sentencing Powers
Magistrates’ courts can sentence up to 18 months imprisonment, increasing from 12.
Magistrates’ courts complete cases up to four times faster and so victims of crime such as harassment or stalking can have their cases heard more quickly.
Crown Court Bench Division
Judge-alone trials for intermediate cases likely to attract sentences of under 3 years.
Ensure a more proportionate use of overall resource in our criminal courts.
Judge-alone Fraud Trials
Complex and lengthy fraud and financial cases may be tried by judge-alone.
Preventing significant personal and financial burdens on jurors where trials are lengthy.
Amended Appeals
Introduce permission stage to appeals from the magistrates’ courts, aligning with the existing Crown Court process.
Aligning the appeals process with the permission model already used from Crown Court to Court of Appeal.
Only sensible and pragmatic reform — alongside investment and efficiencies — can deliver faster, fairer justice for victims.
Withinvestmentandreform,demandonCrownCourttimefallswithincapacityandthebacklogisprojectedtoreduce.
Reducing the Backlog
Investment and Reform
With investment and reform, we can stop the open caseload from spiralling and put it on a downward trajectory.
Investment, Reform and Efficiencies
As we also modernise the courts and improve productivity, we hope to see the backlog get back to sustainable levels over the next decade. With efficiencies, we can go further and faster.
Turning the Tide
With investment and reform, the Crown Court backlog is projected to stabilise and begin to reduce — 118,000 fewer cases than without action by 2035.
