Some 4,893 cases in the third quarter of 2022 had faced this lengthy wait, according to court statistics released last week―the highest number since records began in 2014, and a 69% increase on the same quarter in the previous year. During the same period, which coincided with the strike by criminal barristers, the total number of outstanding cases in the crown court increased from 59,473 at the end of June to 62,766 by the end of September.
Law Society president Lubna Shuja branded the increase in the criminal case backlog ‘unacceptable. An inefficient system is ultimately a drain on public money’. However, she said she believed ‘the system can still be restored with proper investment.
‘A starting point would be to increase criminal defence rates by the minimum 15% recommended by the independent review of criminal legal aid, which the government chose to ignore.’
The backlog has also contributed to a record number of incarcerated defendants―770―who have been in prison for more than two years awaiting trial, according to a Justice Committee report this month, ‘The role of adult custodial remand’.
In 2021, Sir Christopher Bellamy’s independent review of criminal legal aid recommended an immediate 15% rise ‘as a minimum’ in fees for criminal lawyers. Criminal barristers later secured this as part of a wider deal to end its strike action. Solicitors, who are unable to strike due to their contractual obligations, received a lower offer that the Law Society said amounted to about 9% when averaged out.
However, criminal law solicitors could unionise. Last week, the Criminal Law Solicitors Association and London Criminal Courts Solicitors Association announced they had met with unions ‘for very productive talks’ and that the ‘dialogue will continue in the coming weeks’.
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