Crown Court Criminal Case Backlog

Lord Bellamy Excerpts

Thursday 20th March 2025 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I warmly congratulate the noble Baroness, Lady Longfield, on an outstanding maiden speech and welcome her again to this House. Indeed, I also thank the noble Lord, Lord Carlile, for leading this debate. In response to his invitation, I briefly say that in my view we have two fundamental problems with the court system. First, there are not enough criminal lawyers to go around—whether it is CPS, prosecution or defence. Secondly, as the noble Baroness, Lady Levitt, also said, there are many inefficiencies in the court system. If we can tackle those, we may not need radical reform.

I will take four points very briefly. Despite the recent increase in sitting days, I understand that in 2025, Snaresbrook Crown Court will still be unable to use more than 15 out of 20 courts: in other words, 25% below capacity. Isleworth Crown Court reportedly closed five courts last month, and, according to today’s Times, last Friday, only eight out of 20 courts at the Old Bailey were working. At present, the court backlog is an emergency. There is no justification in such an emergency for allowing outdated accounting rules to restrict court sittings.

On the question of costs, the court system has high fixed costs—buildings, permanent judges, staff, and so forth. But the marginal costs are relatively low: a part-time recorder’s fee is £800 a day. So, 10 recorders, sitting remotely, could do at least 50 extra court cases or directions hearings a day for less than £10,000. It is basic economics that, with high fixed costs and low marginal costs, the correct economic response is to maximise throughput—to reduce unit costs. But the present restrictions lead absurdly to the opposite result: higher unit costs per court disposal. That is not an efficient system.

More fundamentally, under the Courts Act 2003 and the Tribunals, Courts and Enforcement Act 2007, the Lord Chancellor has a statutory duty to ensure an “efficient and effective system” of courts and tribunals. Under Section 17 of the Constitutional Reform Act 2005 the Lord Chancellor takes a formal oath,

“to ensure the provision of resources for the efficient and effective support of the courts”.

That is an absolute obligation, not subject to Treasury whim or political change in the wind. So, would the Minister accept that, by virtue of those statutes, resources must be ring-fenced from spending cuts and funded properly?

Lastly, given the astonishing figure from the NAO that 27% of court trials are ineffective, as already mentioned by the noble Lord, Lord Carlile, does the Minister agree that although listing is traditionally regarded as “a judicial function”, the general efficiency of listing practices, as distinct from decisions on individual cases, is a legitimate subject of public debate and scrutiny by Parliament?