The judicial system in England and Wales is facing unprecedented strain, with lawyers and judges warning of a crisis brought on by decades of underfunding, the aftermath of the COVID-19 pandemic, and barristers’ strikes.
These challenges have exacerbated delays across all levels of the system, from tribunals to serious criminal cases such as rape.
Freshly released data paints a grim picture of the backlog in crown court cases, which handle the most serious offences.
As of September, the number of unresolved cases has surged to 73,100, nearly double the figure recorded in 2019 (38,000).
Richard Atkinson, President of the Law Society, said successive governments ignored warnings about an impending judicial crisis.
“Each government has passed this ticking time bomb along, ignoring the inevitable breakdown,” he remarked.
A shortage of judges, barristers, and publicly funded solicitors, coupled with court closures and insufficient staff, has severely limited the system’s capacity. “There simply aren’t enough resources to handle the growing caseload,” Atkinson added.
Courts minister Sarah Sackman KC cautioned that without immediate action, the backlog could soar to nearly 100,000 cases. Sackman highlighted the human impact of these delays:
“These aren’t just numbers; they represent people whose lives are on hold—defendants, victims, and witnesses alike.”
To address the mounting challenges, Sackman announced an independent review of the system, to be led by retired judge Sir Brian Leveson. The review may propose shifting certain cases, currently handled by crown court juries, to magistrates’ courts.
However, relying on magistrates’ courts as a solution is far from guaranteed. Already grappling with their own backlog of over 333,000 cases—up 22% from last year and 39% higher than in 2019—magistrates’ courts are struggling to cope.
Atkinson warned against the “balloon effect” of transferring cases from crown courts to lower courts. “By squeezing the balloon at one end, it only swells at the other,” he said.
Despite these challenges, magistrates’ courts, which handle over 90% of criminal cases at a lower cost, could theoretically absorb some additional workload from crown courts.
The crisis highlights the urgent need for systemic reform and investment to prevent further delays and ensure access to justice.
With victims, defendants, and witnesses bearing the brunt of these delays, restoring efficiency to the judicial system is a pressing priority.
As Sir Brian Leveson’s review gets underway, stakeholders await recommendations that could reshape the future of the justice system in England and Wales.
