Justice committee reports on court delays

In a report published this week, ‘Coronavirus (Covid-19): the impact on courts’, the Justice Committee calls on ministers and HM Courts and Tribunals Service to ‘set out, with a timeline, how the provision of basic management information, of the type sought by the Lord Chief Justice, is to be achieved’.

During the inquiry, Lord Burnett, the Lord Chief Justice, told the committee: ‘What I have been trying to find out―we have not got there quite yet, I am afraid―is to identify with much more clarity how many trials we have, how many are trials with defendants awaiting trial in custody and how many are defendants awaiting trial on bail.’

Lord Burnett told the committee jury trial cases were accumulating at a rate of about 1,000 a month. 

Welcoming the report, Simon Davis, Law Society of England and Wales president (pictured) said: “After years of underfunding and cuts, there were already significant backlogs across the civil and criminal justice systems – which have only been exacerbated by the Covid-19 pandemic.

“There will be areas where remote hearings have been successful but for many cases – particularly those involving vulnerable parties – people must still be physically present for justice to be delivered. Before making remote hearings permanent in any area of law, there must be more comprehensive data collection and consultation with the legal profession to ensure this does not impact access to justice.

“We believe the government can build court capacity to clear the backlog by using unused public buildings – including court buildings which have been closed but have remained unsold – as Nightingale courts. Investing in legal aid for early advice and legal representation would help to nip problems in the bud before they escalate and ensure judicial time is used as efficiently as possible in cases which do go to court. 

“Before considering extending court hours, the Ministry of Justice and HM Courts and Tribunals Service must ensure that it is making maximum use of normal court hours and the existing court estate, quickly take up further building space and avoid any restrictions on judges sitting while there are court rooms (real, virtual or Nightingale) available.” 

Amanda Pinto QC, Chair of the Bar, said: "This report rightly acknowledges the far-reaching impact that Covid-19 has had on the operation of the justice system, particularly on jury trials. It is crucial that access to justice for the public is at the heart of any next steps, and that proposals to help clear the backlogs in all jurisdictions are viewed through this lens.

 "We share the committee's frustration over the availability and quality of data gathered by HMCTS on cases happening during the pandemic. We have asked for data for four months now, but been met with inexplicable reluctance. Without it, we cannot see the full picture. We know technology has played a huge part in how the justice system has adapted to the current crisis, but the right balance must be struck. Some cases and participants are not best served by remote hearings. When arranging hearings, this must be borne in mind in the interests of the public for whom being in court is often a life-altering event. We support further exploration of how witnesses and participants find the use of technology in their court cases. It is essential that investment in robust, high-quality technology and in the wider justice system, is addressed with the urgency it needs.”