Trial delays risk ‘loss of confidence’ by victims and witness in justice system, inspector warns

Delays in criminal trials with cases being set for 2023 are having “major consequences” for victims and witnesses, a watchdog has warned.

Latest figures show the crown court backlog in England and Wales is now over 56,000, with some trials not even given a date to be heard due to the lack of court space.

A HM Crown Prosecution Service Inspectorate (HMCPSI) report published on Tuesday has warned of the detrimental impact delays are having on people caught up in the justice system.

Chief Inspector Kevin McGinty wrote: “In some places Crown Court trials are not being given trial dates because the date for a trial is likely to be so far into the future that there can be no certainty.

“In these cases, victims and witnesses have no clear idea of when their case will come to trial.

“This cannot be right and will quickly undermine confidence in the system.

“It is not the case everywhere, but in many places cases are being listed well into 2022. In some, dates for trials are stretching even into 2023. These waiting cases all have victims, witnesses and defendants.”

Warning of a “loss of confidence in the system”, he said the danger is victims and witnesses will withdraw co-operation before a case reaches trial.

He outlined how victims of crime are receiving a letter saying the court has managed the early stages of a case, but due to a “lack of available courtrooms” a trial date could not be set.

“We were told that this has happened even in cases with vulnerable victims. The impact on victims and witnesses in such circumstances cannot be underestimated.”

The report acknowledges that delays in the justice system were “unacceptable” prior to the pandemic, which has tipped the courts into a crisis.

The Ministry of Justice has implemented a recovery plan, including more court staff, extra courtrooms, and major investment across the courts estate. But the crown court backlog has not yet begun to decrease.

Mr McGinty praised the Crown Prosecution Service for maintaining an effective service during the pandemic, but warned the demands to tackle delays will now heap on extra pressure.

“It needs to be recognised that a court backlog is not simply something that can be worked through and cleared by increasing resources”, the report said.

“More resources help, of course, but increasing the numbers of courts also brings extra pressures.

“Additional and new courts require prosecutors and paralegals to be available. More cases being progressed means more cases need to be ‘trial ready’, which requires more cases to be worked on by a finite number of staff.

“New rooms in new buildings require support arrangement for victims and witnesses, and this requires revised systems and processes to be developed – in turn, adding yet more pressures.”

The report also warned that some CPS areas are being stretched to “breaking point”.

Rebecca Lawrence, CPS Chief Executive, welcomed the inspectorate’s findings on the response of prosecutors to the pandemic challenges, paying tribute to staff for their “dedicated public service in extraordinary times”.

“However, there is no denying the pandemic has had a significant impact on our prosecutors’ workload”, she added.

“Safely reducing caseloads is a clear priority and we are working urgently with partners across the criminal justice system to achieve this.”

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