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14 December 2020
Categories: Legal News , Covid-19 , Criminal , Profession
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Crown Court backlog still growing

The backlog of cases has increased to more than 53,000, according to HM Courts and Tribunals Service (HMCTS) figures released this week

As of the week ending 22 November, there were 479,489 outstanding cases in the magistrates’ courts and 53,318 in the Crown Court (from 53,138 in the previous week and 39,331 before the COVID-19 pandemic).

David Greene, president of the Law Society, said: ‘It is reassuring to see that the backlog in the magistrates’ courts is falling but it is clear that the need for additional court capacity to enable jury trials to take place safely is ever increasing.’

However, Greene said he opposed the use of extended operating hours.

‘We remain to be convinced that Covid operating hours have delivered any significant additional court capacity and continue to be concerned about the significant impact such extended hours have on court users, legal practitioners and how our justice system functions,’ he said.

‘We believe the additional resources it takes to run Covid operating hours should be used to open additional Nightingale Courts―which would increase court capacity and do much more to reduce the case backlogs.’

The HMCTS consultation on extended operating hours closed this week. Criminal Bar Association chair James Mulholland QC has described the plans as ‘the final nail in the coffin of a viable, independent Criminal Bar’.

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Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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