Government spending on Ministry of Justice welcomed but ‘must not be flash in the pan’

Chancellor Rishi Sunak’s promise to invest £275 million in the criminal justice system has been welcomed by legal leaders who warn it must not be a “flash in the pan” in fixing the justice crisis.

The government’s Comprehensive Spending Review today included an injection of funds to next year’s Ministry of Justice budget, to tackle the crown court backlog and deal with the influx of cases generated by thousands of new police officers.

Sunak promises include £315 million to improve the state of the country’s prisons, £105 million for courthouse renovations, and an added £40 million to support victims of crime.

Amanda Pinto QC, chair of the Bar Council, said the Chancellor’s spending commitments are in line with recommendations made by the legal profession to the Treasury.

“The announcement of extra funding for the justice system in today’s Spending Review is a ray of hope in terms of fixing the many problems our justice system faces", she said.

“It is a sign that this government understands the importance of investing in the entire justice system from start to finish.”

But she warned the money would only offer short-term solutions to the problems in justice and “must not be a flash in the pan”.

“The government must now ensure the system is sustainable in the long-term to ensure access to justice for everyone”, Ms Pinto added.

The backlog of cases in the Crown Court is now over 51,000, from a combination of coronavirus restrictions on the system and long-standing budget restraints that pre-date the pandemic.

“Justice in this country was in a dire situation already before the pandemic, and is under pressure now like never before, so the £275 million pledged to reduce persistent Crown Court backlogs has come not a moment too soon”, said Law Society of England and Wales president David Greene.

“While we welcome this cash injection, further urgent investment is needed to preserve the vital criminal legal aid market.”

The Spending Review announcement also included £76 million to boost capacity in the Family Courts and employment tribunals, which have also got mounting backlogs to tackle.

The delays in jury trials being heard has put a spotlight on problems in the justice system, with some victims and defendants now facing a wait until 2022 before having their day in court.

An emergency £80 million package was agreed in the summer, helping the Ministry of Justice to install plexiglass in courts to help with social distancing, set up emergency courts, and build extra capacity using portable buildings.

There are now more than 250 courtrooms around England and Wales that can be used to host jury trials, however figures from the end of October show that less than 100 trials are actually being fully heard.

The Lord Chief Justice, Lord Burnett of Maldon, told MPs earlier this month a full recovery that starts to reduce the backlog will only be delivered with courts used to full capacity, along with enough staff and lawyers to enable cases to be heard.

James Mulholland QC, chair of the Criminal Bar Association, called today’s announcement “one brick back into the wall of criminal justice that has been demolished after a decade of repeated annual cuts totalling billions of pounds”.

“To turn today’s brick of funding into a cornerstone from which we can rebuild so that our criminal justice system can function once again, there must be a serious Government focus and Treasury commitment to repeat and increase at this level for each and every year for the next five years”, he said.

“Tens of thousands of ordinary people’s lives remain on hold as they await justice, many people continue to feel vulnerable on their homes and on the streets, as charging rates for police-reported crimes fall to record lows, while the numbers of innocent people locked up in prison awaiting trial scale record highs.”

The government has already promised to deliver 20,000 new police officers and is promising 18,000 new prison places, to match a ‘tough on crime’ rhetoric from across government.

The Treasury was under pressure prior to Wednesday’s announcement to deliver adequate funding to the courts, and wider justice system, to cope with the extra demands as well as existing struggles.