Courts and Tribunals: Sitting Days

Shabana Mahmood Excerpts

Wednesday 5th March 2025 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)]

With permission, I will make a statement on capacity in the Crown court.

When this Government took office eight months ago, we received an inheritance from the Conservative Government that was little short of disgraceful: our prisons were in crisis, on the edge of collapse, and our courts faced a record and rising backlog. While the crisis in our prisons was more obvious and visible, the harm caused by the backlog in our courts cannot be overestimated.

Today, the backlog stands at over 73,000 cases. Just five years earlier, it had been half that figure. We should stop and consider that fact, because the backlog is far more than a number. Behind each case is a victim. Many have waited years for justice and some will now not have their cases heard until 2028. With delays that long, it is little wonder that more victims are dropping out, and tragically that is true of victims of the most heinous crimes. Just five years ago, around 3% of adult rape victims whose cases were due to go to trial dropped out before their case was heard. Today, that figure has more than doubled.

An old adage has sadly come true in this country: for far too many, justice delayed is justice denied. Unlike our predecessors, who allowed this backlog to rise and rise, this Government will bear down on it. We will deliver swifter justice for the victims of crime. That starts today with a record investment in our criminal courts.

Each financial year, the Government determine the total number of days that can be sat across all our courts and tribunals, commonly referred to as sitting days. This process is called the concordat. Last year, I committed to concluding the process earlier than in previous years to give our courts greater certainty. We have now done so, several months ahead of last year’s settlement, so today I can announce that the Government will provide a total budget of £2.5 billion for our courts and tribunals in the next financial year. That represents a record level of investment, which will fund up to 110,000 sitting days in our Crown courts—4,000 more days than the previous Government funded last year. If the shadow Lord Chancellor would like to check the record books, he will find no higher allocation in recorded history.

Beyond the Crown court, investment in the family and civil courts brings those jurisdictions to, or close to, their maximum capacity, and the investment in court capacity is matched by an investment in court maintenance. Our courts have been allowed to fall into a shocking state of disrepair in recent years, so this Government will boost funding to £148.5 million, up from £128 million last year. That will be the highest figure spent on maintenance and capital works in the last 10 years, building on a consistent theme of this new Government, and it is a marked difference when compared with our predecessors.

In our first eight months in office, we have consistently invested more in the courts than the last Conservative Government. On entering office, I immediately funded 500 sitting days on top of the allocation provided by the previous Lord Chancellor. At the end of last year, when resources allowed, I added a further 2,000 sitting days. In October, this Government also increased the sentencing powers of magistrates courts; previously, they could impose only a six-month prison sentence, which we lifted to 12 months. In doing so, we freed up capacity in the Crown court to hear the most serious cases. That single change was equivalent to adding another 2,000 sitting days in our Crown courts. All those changes are necessary for the swift delivery of justice.

However, I must be honest, in a way that my predecessors never were: this investment is necessary, but it is not sufficient to reduce the Crown court backlog. Even with record levels of funding, if we do not take other, bolder measures, the backlog will grow. With a growing number of cases entering our courts and cases of increasing complexity being heard in front of our judges, we cannot simply do more of the same: we must do things differently. In December, I appointed Sir Brian Leveson, one of our most distinguished judges, to conduct a wholesale review of our criminal courts. The review will propose long-term reform as well as reviewing the efficiency and timeliness of court processes from charge all the way through to case completion.

Crucially, I have also asked Sir Brian to address something that too many others have avoided: the question of structural reform. Today, 10% of criminal cases are heard in a Crown court, where a judge presides and a jury decides. Jury trials are a pillar of our justice system for the most serious offences, and that will never change. However, we must ask ourselves whether they are hearing cases that could be handled equally well elsewhere.

Some cases can already be heard in either a Crown court or a magistrates court, which we call “triable either way” cases. Those represent 40% of the courts backlog, but while a conviction—whether determined by a jury or a magistrate—is the same regardless of the type of courtroom, the demand that it places on our justice system is very different indeed. An either-way case is resolved by magistrates five times faster than before a judge and jury. Justice must be done and criminals must always face consequences—on that, I know this House will agree—but we must be willing to ask whether a judge and jury should be occupied, at great length and expense, with crimes that could be dealt with more swiftly elsewhere.

For that reason, I have asked Sir Brian to consider the case for reclassifying some less serious offences, whether magistrates’ sentencing powers are sufficient and the case for a new court to sit between the magistrates court and the Crown court. His recommendations will come later this spring. His goal and mine are one: to bear down on the backlog and deliver swifter justice for victims. The consequences of failing to do so are all too clear—the backlog in the criminal courts will rise, cases will be listed even further into the future, and more victims of crime will decide that the wait is too painful with justice so distant, and as a result, dangerous criminals will walk free.

Today, we have announced a record investment in our courts: 110,000 sitting days funded, which is 4,000 more than the previous Administration funded. For many victims, their case will be heard sooner, but if we are to deliver swifter justice for all, we must embrace reform. This Government will deliver once-in-a-generation reform of our courts, and we will reverse the decline and the delays of the last Conservative Government. I commend this statement to the House.

[Mr Speaker]

I can always help by reopening Chorley court for you.

I call the shadow Lord Chancellor.

--- Later in debate ---

[Robert Jenrick]

I do not pretend that cutting the court backlog is easy, or that it will be quick, but the Justice Secretary owes the country a plan and a timetable for when that backlog is actually going to fall. This morning, she was repeatedly asked that question, but refused to give an answer. Can she tell the country now when the court backlog will begin to fall, by what date her Department has forecast it falling, and why she will not take up the 2,500 additional sitting days offered time and time again by the Lady Chief Justice?

Lastly, the new sentencing guidelines published alongside this statement will make a custodial sentence less likely for those

“from an ethnic minority, cultural minority, and/or faith minority community”.

Why is the Justice Secretary enshrining this double standard—this two-tier approach to sentencing? It is an inversion of the rule of law. Conservative Members believe in equality under the law; why does she not?

[Shabana Mahmood]

The shadow Secretary of State asked, “How did we get here?” I will tell him how we got here—his Administration and the 14 years they had in power, and the absolute mess they made of the criminal justice system; a mess that this Government are clearing up. I am sorry to deprive him of what I am sure he thought was a clever attack line on my recent visit to Texas, but I can inform him that I have in fact visited HM Prison Manchester. I did so during the February recess. [Interruption.]

[Mr Speaker]

Order. As I said to Members on the Government Benches, I do need to hear.

[Shabana Mahmood]

The right hon. Gentleman should welcome our seeking to learn from a tough law and order state in America, which 20 years ago had the same problems that we inherited from his Administration, and which has embarked on criminal justice reform that has seen reoffending at a level that we could only dream of in this country. He should seek to learn from other countries, as we are. If his Government had done so when they were in power, we would not have such a big mess to clear up in the criminal justice system.

The right hon. Gentleman referred to courtrooms sitting empty; one reason why is that one of his Government’s last acts on leaving office was to fund only 106,000 sitting days. I have lifted that number, and today the number of Crown court sitting days is at a record high, funded by this Labour Government. More courtrooms will be put to use. He will also know that to run the system efficiently, the normal practice is that some courtrooms will not be in use to cope with the flux in demand. However, as a result of today’s decision, more courtrooms will be in use than was ever the case under his Administration.

The right hon. Gentleman asked what I have been doing and what is the plan. When I came into office, the first thing I did was immediately to increase the number of sitting days by 500, up from 106,000 when his Government left office. I then made a further allocation and increased that again by 2,000 before Christmas—making progress on the Crown court backlog and picking up the pieces of the mess that his Government left behind. He will know that the changes that I made to magistrates court sentencing powers have also freed up capacity in the Crown courts. We have increased funding for criminal legal aid by £92 million so that we have the money to underpin the system. That is action. That is an increase in sitting days in-year and an unprecedented increase in sitting days for next year. That is what this Labour Government are delivering.

The right hon. Gentleman will also know that even if we were sitting at the maximum judicial capacity—he rightly referred to that, as did the Lady Chief Justice in Parliament—that backlog would still rise, because the demand in the system is fast outstripping the pace at which cases are being disposed of. Knowing that, it would be unconscionable if I stood before this House and behaved as if resources alone would fix the problem. That is why Sir Brian Leveson is considering once-in-a-generation reform of our Crown courts.

The combination of the steps that I have already taken, the funding that I have allocated and the review that will lead to once-in-a-generation reform—that is what a plan looks like to fix the mess that the right hon. Gentleman’s Government left behind. It is a plan that they could have had in place when they were in government, but they failed to do so, and now they carp from the sidelines when someone else is getting on with the job.

Finally, as somebody from an ethnic minority background, I do not stand for any differential treatment before the law for anyone. There will never be a two-tier sentencing approach under my watch or under this Labour Government.

[Mr Speaker]

I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

I congratulate the Lord Chancellor on the figures that she has announced and on starting to get to grips with her baleful inheritance. However, there is a long way to go. The Lady Chief Justice told the Lords Constitution Committee last week that she was pressing for Crown courts to sit to capacity. Does the 110,000 figure represent capacity? If not, what is capacity? Given that the backlog is 73,000 cases and rising, will the Lord Chancellor guarantee sitting days up to capacity for the whole of the coming year? In her statement, she rightly promised investment in the family and civil courts to bring those jurisdictions to, or close to, maximum capacity. Will she make the same commitment for the Crown court?

[Shabana Mahmood]

My hon. Friend will know that there is a difference between system capacity and maximum judicial capacity. He is right that the Lady Chief Justice has said that the maximum judicial capacity is 113,000 sitting days in the Crown court. We are funding 110,000 sitting days there, because in my role as Lord Chancellor, I must be mindful of managing the wider system capacity—the availability not just of judges to sit in the Crown court but of the lawyers, prosecutors, legal aid and defence barristers that underpin the rest of the system. I am confident that the 110,000 sitting days represent the system capacity, and that is being delivered.

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

Tens of thousands of victims and survivors waiting for their day in court is one of the darkest legacies of the last Conservative Government. I feel that sincerely because, under that Conservative Government, I was one of those victims. After two decades of agonising over whether to report my own victimhood as a child, I waited two years for my own opportunity to seek justice in the Crown court. That is years of your heart racing whenever you get a phone call from an unknown number. Is it the court? Is it the Crown Prosecution Service? There are years of anxiety that your perpetrator will retaliate, and years of your life excruciatingly on hold. Many victims today are being forced to sit with all this for far longer than I did. The Liberal Democrats and I personally welcome the Justice Secretary’s announcement.

However, we all know that a huge backlog will remain, which means that victims and survivors will continue to be let down. At a time when victims and survivors need more support during these agonising waits, Government funding cuts and national insurance contribution increases are putting services such as Safeline and Victim Support at risk. Will the Lord Chancellor outline her year by year targets for reducing this backlog, and will she increase, not cut, support for charities to ensure that victims and survivors get the support that they need and deserve?

[Shabana Mahmood]

I thank the hon. Gentleman for his remarks and I pay tribute to him for his bravery in his own personal life, as he has sought justice for the crimes committed against him. His journey reflects that of too many people across our country. I have constituents whose cases are trapped in the Crown court backlog, so I hear regularly of the impact that it is having, and I am alive to the human cost. That is why, at every available opportunity, I have sought to make progress in increasing funding and allocation in-year and have made this record settlement for the next year. Of course, I know that we need to go further and do more. The work of Sir Brian Leveson is crucial because we know that without reform, no matter how much the Crown court sits, that backlog will still rise. I hope that when that review reports, I can count on support for reform from across the House. I hope that all those who want to see the Crown court backlog come down will want that reform. We have ringfenced funding for victims of rape and serious sexual offences, as well as domestic abuse. We will shortly set out our victims Bill, which will include further measures to strengthen the victims code.

The hon. Gentleman asked about targets and timelines—forgive me, the shadow Justice Secretary also raised that point. I have committed to once-in-a-generation reform of our Crown courts. Once Sir Brian Leveson’s review has reported and the Government have made decisions on the recommendations that they will take forward and have legislation ready, we will be able to set out the impact of future legislation to bring down that Crown court backlog.

[Linsey Farnsworth (Amber Valley) (Lab)]

I am absolutely flabbergasted by some of the things that the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick) said today. I assure him that this backlog has not materialised just over the last eight months. I can say that as a Crown prosecutor who worked throughout the 14 years of the last Government and saw the waiting lists go up and up, despite the best efforts of the hard-working staff throughout the criminal justice service. Will the Lord Chancellor confirm that the measures that she has announced will finally allow victims, including those in my constituency, to have some confidence that there is finally a Government who will tackle this issue?

[Shabana Mahmood]

“Flabbergasted” is one way of describing it, and it is probably the only one that you will find to be in order, Mr Speaker, so I shall refrain from using other language. My hon. Friend is a former prosecutor, so she knows whereof she speaks, and I pay tribute to her for the work that she did in her former profession. The message should go out loud and clear to her constituents, and to people up and down the country, that this Government are acting to deal with the Crown courts backlog. We have a plan. We have increased funding, and we are considering the reform that is needed, and has been ducked by too many others, to get the system sorted out once and for all.

[Sir Julian Smith (Skipton and Ripon) (Con)]

I refer the House to my registered voluntary interests.

I welcome the statement. Does the Lord Chancellor agree that one way of getting cash into the criminal justice system is to reduce the cost of the civil system? May I urge her to continue to consider alternative methods of dispute resolution, particularly mediation within the civil system?

[Shabana Mahmood]

The right hon. Gentleman is entirely right. All the mechanisms at our disposal to reduce the cost of people going to court should be on the table, and we have already been acting to try to amplify the availability of mediation and other ways in which issues can be resolved. Going to court is always very expensive, sometimes for the individuals involved and often for the taxpayer, and it is important that we keep bearing down on those costs.

[Warinder Juss (Wolverhampton West) (Lab)]

I thank the Lord Chancellor for her honesty in setting out so clearly the difficult situation that we have inherited from the Conservative party, and I welcome the measures that she has proposed: the record investment in the justice system, and the measures taken to reduce the number of cases going to the Crown courts.

[Warinder Juss]

It has got worse, because of the Conservative party.

Does my right hon. Friend agree that, as well as focusing on the measures that she has already proposed, we should continue to focus on reducing crime in the first place, and pursue our policies for tackling youth crime, knife crime and violence against women and girls?

[Shabana Mahmood]

My hon. Friend is right. In order to deal with all the problems in the criminal justice system relating to policing, prosecutors and the situation in the Crown courts, we need a system-wide approach. That means taking action on the crimes that affect neighbourhoods up and down the country, which is why the Home Secretary’s recent Crime and Policing Bill is such a landmark piece of legislation. We must all play our part, because the criminal justice system has been left in a truly terrible state by the last Administration, and this Government are getting on with the job of sorting it out.

[Sir Christopher Chope (Christchurch) (Con)]

This announcement is small beer, is it not? The extra £92 million offered for criminal legal aid is exceeded twentyfold by the subsidies given to offshore wind, which amounted to £1.9 billion last year alone. Why do the Government have such perverse priorities, and when will they put the criminal justice system above the interests of offshore wind operators?

[Shabana Mahmood]

We are talking about the highest ever funded allocation in the Crown courts, and 110,000 sitting days, which is a record. The hon. Gentleman says that is small beer; I wonder whether he had been imbibing something before getting to his feet.

[Pam Cox (Colchester) (Lab)]

I welcome the Lord Chancellor’s announcement of additional sitting days. The Justice Committee has been looking into the court backlog issue, and we have also been hearing about the ongoing need for the digitisation of court and wider criminal justice processes. We need to replace the creaking paper-based system, which is contributing to the delays. Will the Lord Chancellor continue to support drives for successful digitisation of those processes, and will she also join me in congratulating the Conservative party on marking International Women’s Day in such style?

[Shabana Mahmood]

My hon. Friend is right to make that point about digitisation and efficiency. Following the first phase of the spending review, I have funded ongoing work to improve digitisation of all our court processes, because, as my hon. Friend has said, we need to move away from our current paper-based and paper-heavy systems. Part 2 of Sir Brian Leveson’s work, which will produce a report in the autumn, will involve looking at cross-system efficiency as well. My hon. Friend is right about the need to increase productivity and efficiency, because that will be the final part of the puzzle if we are to sort out the backlog.

[Gideon Amos (Taunton and Wellington) (LD)]

I welcome the announcement of the extra sitting days, and also the announcements about reform. I hope that the ancient right to trial by jury will remain.

Somerset Crown court in Taunton was closed in 2023, after work began in 2022 because items were falling on people’s heads from the ceiling. We have just been told that it will be closed for another year, during which victims of crime will have to travel tens of miles further. Some court users are even sleeping under a bush because they cannot travel back and forth. We need to get our Crown court open again, so will the Lord Chancellor please consider expediting these works?

[Shabana Mahmood]

I will ensure that the hon. Gentleman has a meeting with the courts Minister, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), to discuss the situation in Taunton.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I am slightly worried about Conservative Members, who appear to be the arsonists complaining that the fire brigade has turned up too late to put out the fire, when they were the ones who lit it in the first place. I worry that they do not understand the scale and magnitude of the challenge that they left behind, which I have heard about from constituents who have been waiting years for their court cases.

--- Later in debate ---

[Gareth Snell]

It is getting worse. If the right hon. Gentleman spent more time providing leadership, rather than auditioning for it, he would own up to his failures in the House, and admit that the Conservatives left the country in a mess.

Courts are not run just by judges; there are many support staff in courts who make the system work. What cross-governmental conversations has the Lord Chancellor had about ensuring that those staff are available, so that as many courts as possible are operational? [Interruption.]

[Shabana Mahmood]

The shadow Lord Chancellor is having such fun with his audition for leadership that it would be a shame to deprive him of it. My hon. Friend has said that Conservative Members do not understand the mess that they have left behind, but I wonder whether they simply do not want to understand it. Members of a party that was willing to reckon with the mistakes it made in office would at least have started with some humility—and, perhaps, an apology for the mess they left behind.

My hon. Friend is right to draw attention to the need for a whole-system approach. One reason why the backlog is scheduled to become worse, no matter how many Crown court sitting days are provided, is the influx of cases into the system, which is actually a good thing, because it means that the police are doing their job and prosecutions are being brought, but even at maximum capacity, demand is far outstripping the disposal of cases. The case mix is more complex, and that requires a system-wide response, which the Government are providing.

[Sir Gavin Williamson (Stone, Great Wyrley and Penkridge) (Con)]

When does the Lord Chancellor expect the additional places to start bearing down on the remand population?

[Shabana Mahmood]

The right hon. Gentleman is right: the remand population is growing, and currently stands at 17,000. That has a big impact on prison capacity, which is why I increased magistrates court sentencing powers a few months ago, why I have increased the number of Crown court sitting days, and why we have a record allocation next year. The demand coming into the system is one of the reasons why bearing down on remand has been particularly challenging, but we continue to work on it with the judiciary; listings are, of course, a matter for the independent judiciary.

[Clive Efford (Eltham and Chislehurst) (Lab)]

I expected a little more humility from Conservative Members, who left a legacy of chaos in our prisons and a huge court backlog. What we are dealing with, fundamentally, is the backlog that they left behind. My right hon. Friend has set out a process for dealing with this growing backlog, but ultimately the blame lies at the door of the Conservative party, which left the place in chaos. Should we not be hearing an apology from Conservative Members?

[Shabana Mahmood]

Sorry does seem to be the hardest word for Opposition Members, and I have long since stopped waiting for that apology. All I would observe—I say this with experience of 14 years of opposition under my belt—is that parties that do not acknowledge their mistakes and sort themselves out rarely get elected.

[Gavin Robinson (Belfast East) (DUP)]

In welcoming the statement, I reserve judgment on whether we need an additional court—an intermediate court—particularly if it will be resourced from the existing magistrates and Crown court system. Following on from the question from the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), we have a backlog in England and Northern Ireland, and people are on remand for too long. Increasingly, people are being released following a conviction with time served, and there is no opportunity whatsoever for rehabilitation. Will the opportunity to rehabilitate offenders while they are on remand form part of the Brian Leveson review?

[Shabana Mahmood]

The right hon. Gentleman is absolutely right to raise issues relating to remand. We do have a problem with the remand population, which is why I have made the changes that I have highlighted, and why both reviews—the one being conducted by Sir Brian Leveson, which looks at once-in-a-generation court reform, and the one by David Gauke and the independent panel, which looks at sentencing—are so crucial. It is essential that we not only bear down on the Crown court backlog, but get our prison capacity back into balance and have a sustainable prison system in this country.

[Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)]

Criminal justice was an easy target for Tory austerity cuts, which always impact the people with the smallest voice. Rape victims in Truro and Falmouth have told me that they have waited years for their cases to be heard and had hearings cancelled at the last minute, so I very much welcome this investment. Could I have more detail about the case for a new court that would sit between magistrates court and Crown court, and how that might work?

[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.

[Yasmin Qureshi (Bolton South and Walkden) (Lab)]

Yesterday, the Public Accounts Committee published a report that says that rape and serious sexual offences are taking many years to come to trial. When I was a shadow Justice Minister, I asked the previous Government day in, day out from the Dispatch Box about what they were doing to reduce the court delays. For 14 years, they did nothing. In eight months, this Lord Chancellor has provided 110,000 court sitting days. Does she agree that the expression that comes to mind is “the pot calling the kettle black”?

[Shabana Mahmood]

I can tell my hon. Friend that many expressions have come to mind as I have been listening to the drivel from some Conservative Members—not all of which would not fall foul of “Erskine May”, so I will keep my counsel on that.

My hon. Friend refers to the Public Accounts Committee report, and I gently observe that I was a long-term member of that Committee. I have the highest regard for the Public Accounts Committee, but I reject its criticism, because this Government clearly have a plan—not just on funding and resources for the Crown court, but on the reform that will ultimately be needed to get the system into balance.

[James Wild (North West Norfolk) (Con)]

Despite this announcement, the backlog will increase. When cases do go to court, it is important that offenders serve the sentence they are given. Following the Lord Chancellor’s trip to Texas, where some prisoners serve as little as 25% of their sentence, will she rule out adopting such a soft sentencing policy?

[Shabana Mahmood]

The Texans had similar problems to those we face today, but they had theirs 20 years or so ago. Their system of good behaviour credits incentivises offenders to engage in rehabilitation activity and to get help for their drug addictions, alcohol problems, mental health issues and so on. If offenders engage with that system and get their good behaviour credits, they can earn their way to an earlier parole hearing. It is the definition of a tough system, because it says to offenders, “You have to do something good in order to earn the possibility of an earlier release.” It is a system that is well worth learning from, because the reoffending rates are very low compared with ours. One of the prisons I visited in Texas has a reoffending rate of 17%. I dream of that number for us in this country, because every time we bear down on reoffending, that is cutting crime. It is a strategy for making sure that we have fewer victims in the future. I hope that if whatever proposals we bring forward lead to a reduction in reoffending, the hon. Gentleman will back those proposals.

[Paul Waugh (Rochdale) (Lab/Co-op)]

In June 2024, in the dying days of the last Conservative Government and after 14 years of their rule, there emerged a shocking statistic: 60% of rape victims were withdrawing from the court process, mainly because of court delays. Is that not a damning indictment of all Governments who have taken power in this country? What is the Lord Chancellor doing to help reduce the number of rape victims taking that awful decision?

[Shabana Mahmood]

My hon. Friend is absolutely right: the figure that he notes is a damning indictment of the last Conservative Government. The announcement we have made today will bear down on the courts backlog, and it will mean that some rape victims get their cases heard as cases move through the system more swiftly. We have already implemented our manifesto commitment on independent legal advisers, because we know that, in addition to delays, one of the things that causes many rape victims to drop out is inappropriate requests for personal information that go beyond what the law requires. Those independent legal advisers will ensure that rape victims’ rights in law are respected and that the process does not feel like it is retraumatising women who are already going through so much, and who are waiting for their day in court to have justice done.

[Bob Blackman (Harrow East) (Con)]

Harrow Crown court has eight court rooms and could help alleviate the capacity problems. Sadly, it has been closed since 2023 as a result of finding reinforced autoclaved aerated concrete in the roof. It was supposed to open last year. That was then moved to April this year, and it is now being said that the court will not open for a further year. Given the improved funding, could the Justice Secretary look at whether we can speed up the process of bringing that court back into action, and help the people who now have to go to Willesden, Amersham, Southwark and elsewhere in London for their cases to be heard, so that they can get justice at a local level?

[Shabana Mahmood]

I absolutely understand the hon. Gentleman’s frustration and that of his constituents. I understand that the problems at Harrow relate to RAAC, and that the delays are due to contractor issues. I will make sure that we write to him with a full plan of what we anticipate will happen to get the Crown court back into use. I hope he will recognise the record investment in Crown court maintenance, which is also being announced today. It is up by £28.5 million, which will go some way to alleviating some of the maintenance issues.

[Shaun Davies (Telford) (Lab)]

Under the last Conservative Government, we saw a reduction in the numbers of Crown court judges in Shropshire and Telford; courtrooms remained empty for years while victims waited for years for their trials to take place. With Labour, we now have an extra Crown court judge, a remand court back in the county and extra Crown court sitting times.

I have heard from magistrates and Crown court judges in my area that defendants are opting for a Crown court trial because they know it will take years to conclude. Can we make sure that that does not happen in future? We should absolutely tackle the backlog, but can the Lord Chancellor give an assurance that we, unlike the last Government, will not tell police officers to stop arresting people and putting them before the courts?

[Shabana Mahmood]

I can absolutely give my hon. Friend that reassurance. This Government will deliver 13,000 extra neighbourhood police officers, because we are absolutely clear that we need neighbourhood policing and bobbies back on the beat in this country. He is right to note that the size of the backlog and the structural problem with the backlog mean that many defendants are gaming the system. They know that they can take their chance, wait it out and hope that the victim gives up or that, for some other reason, the case simply never gets to court. That is why, in addition to the record funding, we have to consider once-in-a-generation reform of our Crown courts.

[Sir Julian Lewis (New Forest East) (Con)]

Does the Lord Chancellor accept that part of the reason for the loss of public confidence lies with the sort of cases that are clogging up tribunal and court time? As explained by Jawad Iqbal in his column in The Times today, these involve dubious decisions about not being able to deport convicted criminals, such as an Iraqi cocaine dealer who cannot be sent back to his homeland because he is considered to be “too westernised”. Quite apart from the perversity of the result, is it not an insult to the genuine victims of crimes who are held up in getting the judgments that they deserve?

[Shabana Mahmood]

The right hon. Member will know that it would be inappropriate for the Lord Chancellor to comment on individual judgments. On some of the decisions in the immigration chamber, which have been the subject of some public discussion, he will know that the Prime Minister has been very clear that where a policy or a legal change is required, it is for the Government to bring forward those changes and ultimately for the House to vote on them. In that respect, the Home Secretary is considering further changes to the law. The right hon. Gentleman mentioned deportations, and let me remind him that, under this Government, deportations of foreign national offenders from our prisons are up by 23%.

[Chris Vince (Harlow) (Lab/Co-op)]

Mr Speaker, like Chorley’s magistrates court, Harlow’s sadly closed in 2019. I thank the Lord Chancellor for her statement, but does she agree that we need radical reforms to start driving down the Crown court backlog, including the use of magistrates courts—as I say, sadly, we cannot use Harlow’s at the moment—so that we can get through cases more quickly and give victims the justice they require?

--- Later in debate ---

[Mr Speaker]

We can reopen them together.

[Shabana Mahmood]

I am listening very carefully and taking under advisement all these lobbying requests, including from the Speaker himself, about courts in Members’ areas. I thank both you, Mr Speaker, and my hon. Friend for that.

My hon. Friend is absolutely right that we need radical reform. Without radical reform, the backlog, no matter how many Crown court sitting days we fund, will keep going up and up, which is why Sir Brian Leveson’s work is so very crucial.

[Peter Fortune (Bromley and Biggin Hill) (Con)]

I speak as a member of the Public Accounts Committee, which worked on the report about how justice delayed is justice denied, and I recommend that Members peruse it. What specific conversations has the Lord Chancellor had with colleagues in the Ministry of Housing, Communities and Local Government about speeding up the planning process so that we can get more courtrooms operating?

[Shabana Mahmood]

We are speeding up the planning process. The courts Minister is in regular conversation with the planning Minister. The issue of Crown court capacity is less one of planning and more about funding enough days so that maximum use can be made of every available courtroom, while recognising that there has to be some level of give in the system of courtroom usage to enable it to be run efficiently. Demand ebbs and flows at every court across the whole country, so some spare capacity needs to be maintained, and it was that spare capacity that enabled such a swift response to the summer riots. I hope the hon. Member will reflect on the fact that some spare capacity will always be required, but as I say, those conversations are happening regularly between the courts Minister and the planning Minister.

[Jas Athwal (Ilford South) (Lab)]

I thank the Lord Chancellor for her statement and for the record funding. It is just a shame that the shadow Justice Secretary, bereft of any policy ideas, has basically turned up today to tackle the man—or in this case the woman—rather than play the ball. A little humility, contrition and a wholesome apology would not go amiss. Does the Lord Chancellor agree that, in allowing the backlog to spiral out of control, the previous Government failed countless victims? Will she confirm that today’s announcement means victims can have more confidence in the justice system under Labour?

[Shabana Mahmood]

I am very happy to fight the shadow Lord Chancellor—woman to man—any time he likes. Conservative Members should own up to the failure of the previous Administration and apologise—if they want a hearing from anybody in politics or, indeed, from the people in the country ever again. This Government have shown that we are determined to clean up the mess we inherited, and victims across the country can take confidence from the fact that we have made record funding available and we are considering the structural reform required to sort out the system.

[Mike Martin (Tunbridge Wells) (LD)]

When I speak to the police in Tunbridge Wells, they often comment that a large court backlog has a real effect on levels of crime. There are more criminals in circulation and, frankly, the system is seen as a bit of a soft touch if cases are never brought to court. May I simply ask the Justice Secretary what is the backlog in Kent and when will it be cleared? If she does not have the figures to hand, would she write to me with them?

[Shabana Mahmood]

I would be happy to write to the hon. Member with the specific figures for Kent. However, he will know that the criminal justice system as a whole is under tremendous pressure and extreme stress because of the backlog and the prisons capacity crisis, all of which is the legacy of the previous Government that we are now fixing.

[Dave Robertson (Lichfield) (Lab)]

It is no surprise to me that I am the third MP from Staffordshire and Stoke-on-Trent to take part today, because in Staffordshire we now have 1,350 open cases waiting to be heard by Crown courts. That figure more than doubled over the last five years of Conservative mismanagement, and it is the highest number since records began.

I spoke to the police commander in Lichfield on Monday, and one of his major concerns is that delays in justice being seen to be done in courts is making harder his job of building the relationships he needs with our community. The worst cases he has raised with me include serious sexual assault and rape cases that have been delayed for almost five years. What steps will the Secretary of State be taking to make sure that these additional extra sitting days are targeted at the most serious offenders?

[Shabana Mahmood]

My hon. Friend raises a very important point. It is my job as Lord Chancellor to make sure that the overall settlement for Crown court sitting days is sufficiently big to help drive down the Crown court backlog, which is why I have made the record allocation today. The listing of individual cases is of course a matter for the independent judiciary, and it would be improper and inappropriate for me to comment on listings decisions. However, taken as a whole—with both the investment we are making and the reform we are considering once Sir Brian Leveson’s review has reported—I think he and his constituents can be confident that this Government are going to sort out the system.

[Jim Shannon (Strangford) (DUP)]

I very much thank the Lord Chancellor for increasing the number of sitting days to attempt to tackle the extremely large delays in court cases that we face in the United Kingdom, which is the sad reality for those seeking justice. As she will know, in Northern Ireland there are currently 18,907 pending cases in magistrates courts, which is an absolutely huge backlog. Given the drastic increase in cases involving violence against women and girls in Northern Ireland, may I gently ask the Lord Chancellor what discussions she has had with the policing and justice Minister to help address the court cases issue and reduce delays in the Province?

[Shabana Mahmood]

It is always a pleasure to respond to the hon. Gentleman, and I thank him for his remarks welcoming today’s announcement. A Parliamentary Under-Secretary of State will be meeting devolved Justice Ministers very soon and we will update the hon. Gentleman on the work we are doing with Ministers in Northern Ireland.

[Julia Buckley (Shrewsbury) (Lab)]

I associate myself with the remarks of my hon. Friend the Member for Telford (Shaun Davies), my constituency neighbour in Shropshire, in welcoming today’s much-needed funding announcement, in particular the structural reforms to increase capacity. In Shrewsbury we currently have no working magistrates court, despite being the county town for 350,000 residents. Will the reforms also enable and support the pragmatic reallocation of courtrooms between Crown and magistrate use in areas such as Shropshire, so that spare capacity can be unlocked specifically in towns, such as Shrewsbury, that are better served by public transport for all our rural population?

[Shabana Mahmood]

The principle of local justice is incredibly important to this Government and we will endeavour to ensure that it is at the heart of all our proposals and changes. We have also increased recruitment to the magistracy.

[Laurence Turner (Birmingham Northfield) (Lab)]

I welcome today’s announcement. Recruitment and retention challenges have limited access to justice in recent years. Will the Lord Chancellor outline what steps she is taking to ensure that we have enough barristers and solicitors so that courts can get through as many cases as possible?

[Shabana Mahmood]

My hon. Friend is absolutely right to raise the availability of lawyers. That is why the Government have already increased criminal legal aid by up to £92 million and increased the number of prosecutors. We will be bringing forward more changes in the upcoming victims Bill to increase the availability of certain types of lawyers to do prosecution work.

[Nesil Caliskan (Barking) (Lab)]

I thank the Secretary of State for her statement. As a member of the Public Accounts Committee, I have recently heard details about the shocking state of disrepair in our courts in recent years. The most recent report identified the Nightingale courts set up under the previous Government as a way to deal with the covid backlog. Many years on, some Nightingale courts still exist and in some cases are costing six times more than a normal court. Can she reassure us that they will continue to close and that we can direct that money to the courts that need repairs?

[Shabana Mahmood]

My hon. Friend makes an important point. We are keeping the situation in relation to Nightingale courts under review. Where they are making a contribution that is assisting with caseflow through the system, there is a case for keeping them, but it is under review and the courts Minister, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), will be happy to write to her with further details.

[Jake Richards (Rother Valley) (Lab)]

I have been in this House for only a few months, but I must admit that I am absolutely staggered by the chutzpah of Conservative Members—most have left, but when they were here—in their attitude to this issue. In a competitive field, the state of our criminal courts and our criminal justice system perhaps wins the award for the most acute crisis as a result of the legacy of the previous Government. I really welcome today’s statement, in particular the emphasis not just on capacity but on productivity. May I just press the Government on whether that approach will also be taken in our family courts? I welcome the investment in infrastructure and capital spend in family courts, but we also need to look at how we can improve productivity.

[Shabana Mahmood]

My hon. Friend makes an incredibly important point on productivity. That is why the second phase of Sir Brian Leveson’s work is so crucial. He will know that we have expanded our pathfinder pilot, which is making a really important contribution to the flow of cases through the family court, and we are keeping it under review.