Courts and Tribunals: Sitting Days

Ashley Fox Excerpts

Wednesday 5th March 2025 Commons Chamber

[Shabana Mahmood]

On the possibility of a court that sits between the magistrates and Crown courts, Sir Brian is considering that. My hon. Friend will understand why I want to wait until he has made his recommendations, but that is one of a range of ways in which we could change policy in order to bear down on the Crown courts backlog in the long term. We will consider his recommendations and bring forward legislation for those that we want to take forward in the spring.

I absolutely hear what my hon. Friend says about the terrible experience of victims who have their cases cancelled on the day, and about the impact on rape victims in particular. We have already fulfilled our manifesto commitment to having independent legal advisers for victims of rape, so that their rights in law are always protected.

[Sir Ashley Fox (Bridgwater) (Con)]

The Lord Chancellor has been in office for eight months today. Although her announcement of additional sitting days is welcome, it is regrettable that she did not make this statement seven months ago. There is only so long that she can blame the last Government for the Crown court backlog. We all know that the pandemic was largely responsible for the substantial increase. We know that the Lady Chief Justice has offered the Lord Chancellor a further 2,500 sitting days. Why is she not taking advantage of that? There are currently too many people on remand for too long, and it is clear that even the announcement that she made today will not lead to a reduction in the backlog, so we need structural change. Will the Lord Chancellor give serious consideration to the creation of an intermediate court, so that we can reduce the backlog more quickly?

[Shabana Mahmood]

I gently remind the hon. Gentleman that the concordat process, which I have concluded with today’s announcement, has concluded earlier than the one that I inherited from his party would have done, so we have been cracking on. I have been getting on with the job: I increased sitting days immediately, I have taken every opportunity to increase them further, and I have now made a record allocation.

The hon. Gentleman says that the Lady Chief Justice has offered more sitting days, but he will know that she is not able to offer sitting days. She is able to comment on maximum judicial capacity, which she has done, as is appropriate. In order to make sure that sitting days are possible in the Crown courts, I have to consider wider system capacity issues, including the availability of legal aid, prosecutors and defence barristers. We have 110,000 Crown court sitting days—an unprecedented, record number—and I can say that there is capacity in the system overall, not just judicial capacity, for those days.