The UK Bar Council has called for an inquiry into the growing backlog of cases at the criminal courts, urging a comprehensive review through a Royal Commission. The Council’s announcement came on Thursday, as highlighted in a press release. The Council has provided written evidence emphasizing the critical need for a “whole system review” to alleviate the “oppressive” backlog.
The Bar Council’s submission covers various aspects including the progress in addressing backlogs, workforce issues, and the impact on victims, witnesses, and defendants. The Council noted that the backlog existed even before the COVID-19 pandemic, which exacerbated the situation to “crisis levels.” The backlog has seen a 12% rise since the previous year, with the Institute for Government estimating it to be around 89,937 cases, more than double the pre-COVID baseline.
On May 15, the government introduced an emergency measure called Operation Early Dawn to address the demands of the increasing prison population. This initiative prioritizes high-risk prisoners over others in order to ease the strain on prisoner transport services. However, legal professionals have raised concerns that this measure will further complicate the already backlogged courts.
UK Law Society President Nick Emmerson has expressed apprehension, stating that “victims, witnesses, defendants, and lawyers will turn up only to find their cases have been delayed.” Emmerson pointed out that the prison spaces crisis is a result of over a decade of government underfunding in the criminal justice system, leading to chronic shortages of judges and lawyers, extensive backlogs, and deteriorating court infrastructure.
In the press release, Bar Council Chair Sam Townend KC stated, “Our submission shows that the existing criminal justice policy is now at a ‘dead end,’ and substantial change and investment are needed to reduce the backlog.” Townend highlighted various areas for potential improvement, such as providing early legal advice, facilitating early guilty pleas, enhancing prison transportation and interpretation services, and increasing judicial recruitment.
Townend concluded that the criminal justice system could no longer operate in “crisis mode,” calling for a significant policy overhaul and investment in the entire justice system. “Sticking plasters will not cut it, a wholesale policy refresh and investment in the whole justice system is needed now,” he emphasized.