Court Backlog in England and Wales Set to Rise Until 2035 Despite Government Reforms
The backlog of criminal cases in England and Wales is projected to continue increasing for nearly a decade before any significant reduction occurs, according to newly released Ministry of Justice figures. This persistent growth will happen despite comprehensive reforms that include controversial measures to curtail jury trials and implement technological modernization across the court system.
Reforms Face Political Opposition While Backlog Grows
Justice Secretary David Lammy has confirmed the government's determination to proceed with jury trial reforms despite facing potential rebellion from Labour MPs. Lammy emphasized that without these measures, the backlog would continue rising at an exponential rate, creating an unsustainable situation for the justice system.
Currently, more than 80,000 cases are stuck in the crown court backlog, with projections indicating this number could reach 100,000 by 2028. This timeline coincides with when the proposed reforms would take effect if the legislation passes through Parliament successfully.
"Throwing the Kitchen Sink" at the Problem
Courts Minister Sarah Sackman described the government's approach as "throwing the kitchen sink" at the backlog crisis. She explained that only a combination of substantial investment, system modernization, and structural reforms including judge-only trials would begin to reverse the growing case accumulation.
"We cannot sit our way out of the crisis," Sackman stated bluntly. "If we sit at maximum capacity and lift the financial limits on the work the crown court is doing, not only is it not enough to reduce the backlog, it's barely enough to keep up with demand."
Comprehensive Reform Package Details
The government's reform package includes several key components designed to reduce demand on crown court time by nearly 20 percent:
- Extra court sitting days with lifted caps on daily operations
- A major technological modernization program
- New judge-only trials for certain categories of cases
- Implementation of a digital national listing model
- Expanded use of remote hearings for bail and case management
- "Blitz courts" where similar cases are processed in concentrated periods
Despite these measures, the Ministry of Justice acknowledges that the backlog will only return to pre-pandemic levels by 2035 due to the current accumulation rate and ongoing case inflows.
Technological Transformation and Structural Changes
Lammy highlighted that a major technological shift is underway in the court system, with rapidly increasing use of remote hearings for various proceedings, though not for full criminal trials. The reforms will also introduce an AI listings tool capable of predicting trial lengths and efficiently assigning available courtrooms.
Structural changes include courts triaging cases more aggressively and removing defendants' choice about where their trial can be heard. This will send significantly more cases to magistrates courts, while offenses carrying sentences of three years or less could be heard by a new bench division decided by judges alone.
Political Opposition and Implementation Challenges
Labour MP Karl Turner has emerged as a vocal opponent of the reforms, claiming that approximately 60 Labour MPs are prepared to rebel against the proposals. Turner emphasized that this opposition stems from fundamental principles rather than political maneuvering.
"We will NOT allow this government or any government of any political persuasion to do away with the right to a trial by jury," Turner declared in a social media post, highlighting the deep divisions within Parliament regarding these justice system changes.
Sackman acknowledged the practical challenges facing the current system, noting that it's now commonplace for trials to be scheduled as far out as 2030, particularly in London courts. She also pointed to the growing number of collapsed trials—7,500 last year—due to ineffective proceedings lacking prosecutors or defense barristers.
The reforms are expected to apply retrospectively to cases already in the system by 2028, meaning defendants who had opted for crown court trials expecting jury proceedings could instead face judge-only hearings. Sackman emphasized that consistent application of the new rules across all cases would be crucial to avoid creating a "two-tier system" within the justice framework.
