Former senior judge cites 79,619 Crown Court cases awaiting trial in final review
England and Wales’ court system is “on the brink of collapse” as unprecedented trial backlogs continue to grow, according to a former senior judge leading a major review into the crisis.
Sir Brian Leveson, who was commissioned by ministers to examine the state of the criminal courts, said the scale of the problem now facing the justice system was unlike anything he had seen before. He warned that incremental or selective reforms would not be enough to avert failure.
Sir Brian said there could be no “pick and mix” approach to addressing the crisis, stressing that ministers, the police, prosecutors, and the courts must act together and without delay.
His comments accompany the publication of his second and final report, which sets out 130 recommendations aimed at improving efficiency across the criminal justice system. These range from technical changes to operational reforms, including allowing prison vans to use bus lanes to reduce delays in getting defendants to court.
The review was commissioned as part of government efforts to reverse rising backlogs in the Crown Court. However, delays have continued to worsen. By September last year, the backlog of cases awaiting trial in the Crown Court stood at 79,619, double the level seen before the Covid-19 pandemic. Projections suggest the figure could reach 100,000 cases by November next year.
Sir Brian warned that the consequences were already being felt across the system. Victims and witnesses are losing confidence, he said, while defendants are left with their lives on hold for years while awaiting trial dates. Some individuals charged today are being told their cases may not be heard until 2030.
“The system is failing victims. It is failing witnesses,” he said, adding that the situation was also unfair to defendants who wished to challenge allegations but faced prolonged uncertainty. “The one thing we do not have is the luxury of great time.”
The crisis has been linked to long-term cuts to court funding, judicial capacity, and legal aid during the 2010s, pressures intensified by the pandemic, and staffing shortages as criminal lawyers leave the profession. At the same time, increased police recruitment has led to more cases entering the system.
Among Sir Brian’s recommendations are greater use of video hearings, wider deployment of artificial intelligence tools to help prepare and schedule cases, and improved use of empty courtrooms. He also proposed appointing a dedicated criminal justice adviser reporting directly to the prime minister to oversee reform across the system.
The Criminal Bar Association has reiterated its opposition to proposals in the review’s first stage to restrict jury trials, arguing there is no evidence such constitutional changes would resolve the backlog.
Responding to the report, David Lammy said the government would consider the recommendations in the coming weeks, adding that improving efficiency would be central to efforts to modernise what he described as a “creaking” justice system.