Lord Burnett, who is due to retire at the end of this month, said the pressure was ‘driven by the limits on the overall capacity of the system’.
‘Our courts in all jurisdictions have been operating at full capacity,’ he said.
‘In the crown court we have sat more than in any year since 2018… The fall in outstanding case load seen in 2021 to 2022 nonetheless has reversed.
‘In part that was the consequence of the bar action, resolved in September 2022, and the reversal of the increase in sentencing powers of the magistrates’ courts by the Lord Chancellor in March 2023. But the volume and complexity of cases coming into the crown court is now growing’.
Lord Burnett attributed the rising crown court caseload, at 63,238 in May 2023, not only to the rising volume of work but also to the ‘more complex’ case mix. Expressing concern about delays, he said: ‘If all parts of the system are resourced sufficiently, have capacity and are working well, a reasonable expectation is for most cases to be ready for trial within six months of receipt into the crown court. This is not currently being achieved.’
In the magistrates’ courts, outstanding caseloads and timeliness have stabilised and the recruitment of magistrates was proving successful, he said.
On recruitment, Lord Burnett said 743 salaried and fee-paid courts and tribunal judges and members had been appointed since July 2022, and the High Court was currently at full complement. However, a shortfall in district judges for the county court and family court was expected.
Dame Sue Carr is due to take over as Chief Justice in October.
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