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Covid-era courts made permanent as justice system faces record case backlog

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Former Covid courts to become permanent as ministers act to tackle record Crown Court delays

Four temporary courts established during the Covid-19 pandemic will become permanent fixtures within the court estate as part of government plans to reduce the growing backlog of criminal cases.

The Ministry of Justice said former court buildings in Fleetwood, Telford, Chichester and Cirencester will be brought back into full use, adding a total of 11 courtrooms to the system. The move marks the formal conclusion of the Nightingale Courts initiative, which was introduced to maintain court capacity while social distancing restrictions were in place.

The Nightingale Courts programme was launched during the pandemic to provide additional space for hearings, with temporary courtrooms set up in venues including hotels, conference centres and office buildings. At its peak in July 2021, the scheme involved 60 courtrooms nationwide, including two operating from a football stadium.

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The announcement comes amid mounting pressure on the criminal justice system. Official data published last month showed the crown court backlog in England and Wales had reached nearly 80,000 cases, the highest level on record. In some instances, trials are currently being scheduled as far ahead as 2030.

Projections produced by the Ministry of Justice suggest that, under existing conditions, the backlog could rise further to a high estimate of 125,000 cases by the end of the current Parliament.

The decision to retain some of the former temporary courts follows a reversal by the government on earlier proposals to remove jury trials for thousands of cases as a means of addressing delays.

Courts Minister Sarah Sackman said the transition of selected Nightingale Courts into permanent courtrooms would support efforts to deliver faster justice. She said the additional capacity would provide greater certainty for victims and those working within the courts.

Sackman said investment alone would not resolve the challenges facing the justice system and that broader reforms were required to place it on a more sustainable footing.

The plans have been welcomed by Law Society of England and Wales, which said the additional courtrooms were a positive step. However, the organisation cautioned that sufficient numbers of judges, court staff and lawyers would be needed to ensure cases could be heard without further delay.

As part of the wider programme to increase capacity, Sackman recently visited the site of the new London Law Courts, which are expected to provide 18 additional courtrooms for crown, magistrates and civil cases.

The Ministry of Justice said the changes are intended to address what it described as “agonising delays” experienced by victims waiting for cases to progress through the courts, as the government seeks to stabilise and improve the performance of the justice system.

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