Law Society president raises concerns as criminal court backlogs remain at record level

Ellie Nicholl (she/her) is a senior content and engagement coordinator

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Backlogs in the criminal courts remain at record levels, with 379,437 cases outstanding in the magistrates’ courts and 80,203 in the crown court – including more than 21,002 cases open for over a year. Law Society of England and Wales President Mark Evans has called for “sustained financial investment and system‑wide reform” to alleviate the “appalling backlogs”.

The government is taking a range of actions to improve the backlogs through the Courts and Tribunal Bill, which is currently progressing in parliament. One proposal is reducing the number of jury trials, a move that has drawn significant criticism. This change would see some cases moved to magistrates’ courts and others to judge‑only hearings. Managing director of PCD Solicitors, Marcus Johnstone, questioned whether the magistrates' courts could cope with the “avalanche of new cases”. This concern comes as the magistrates’ court backlog rose by 4% on the previous quarter.

Evans echoed those concerns, warning that cutting jury trials would “do little to ease the backlog”. He highlighted: “Magistrates are already overwhelmed and facing growing delays of their own.” 

Evans stressed that delays across the criminal courts were the result of long‑standing structural issues, rather than short‑term pressures. He stated: “For years, chronic underfunding has left courts unable to fully serve the public. Buildings are deteriorating, technology fails too often, and essential staff are in short supply.”

He added: “It is the public who are paying the price for a system that the UK government has chosen to leave without the resources it needs to function.”

Amid mounting criticism from across the legal profession, courts minister Sarah Sackman acknowledged the “record-breaking backlog” and the scale of the impact on victims. She said the government is taking action “through pragmatic reform, historic investment and increased efficiency”, adding: “Victims have waited long enough – and we will deliver the swift, fair justice they deserve.”

One measure the government is pursuing to increase capacity is lifting the cap on crown court sitting days. Commenting on the decision, vice‑chair of the Criminal Bar Association Andrew Thomas KC pointed to its potential to reduce backlogs. Referring to the latest figures, he noted that the open caseload increased by 1% on the previous quarter, adding: “The decline in the rate of increase is before the removal of the cap on sitting days and other measures which will help bring the backlog down.” He also said the government’s projection of the backlog hitting 135,000 by 2035 is “is beginning to look wildly pessimistic”.  

While recent figures suggest the pace of growth may be slowing, Evans stressed that wider impact of delays on the justice system should not be overlooked. He stated: “Reducing the backlog is an investment in the public good and communities rely on a functioning criminal justice system to deliver safety fairness and accountability.”