Courts: Backlogs

Lord Marks of Henley-on-Thames Excerpts

Wednesday 15th January 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

Yes, I agree with my noble friend that justice delayed is justice denied, and I agree with the sentiments she expressed in her question. But that is the argument for bold and ambitious reform—and we very much hope and expect that that is what Sir Brian will deliver. The review will consider the merits of longer-term reform, as well as court efficiency. Sir Brian will consider court reform options that would reduce demand on the Crown Court, including reclassification of offences, consideration of magistrates’ sentencing powers and the introduction of an intermediate court. The review will provide findings on court reform by spring this year, and its findings on efficiency will come forward by autumn this year.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, will this Government distance themselves from the Conservatives, who blamed the backlogs on Covid and on criminal barristers, who had no option but to strike to secure proper remuneration? Will the Minister tell the House what immediate steps they propose to address the real causes of these record backlogs, which delay trials and frustrate justice—in particular, too few judges, lawyers and court staff; a wrong-headed cap on court sitting days, severely criticised by the Lady Chief Justice, which has led to unplanned courtroom closures; and trials adjourned through listing and prisoner transport mistakes?

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the two factors to which the noble Lord referred are real factors—Covid and the action by barristers. However, there is an underlying problem of increasing cases coming to Crown Court, which overlays the other problems to which the noble Lord referred. The Government have increased the number of allocated sitting days to 108,500, the highest level in almost a decade, and increased the sentencing powers of magistrates’ courts from six months to 12 months. Nevertheless, with those two increases, there needs to be further radical reform to address the problem to which the noble Lord referred.