London Daily

Focus on the big picture.
Friday, Sep 25, 2026

England and Wales court backlog crisis ‘to go on for several years’

England and Wales court backlog crisis ‘to go on for several years’

Report says MoJ and and HM Courts and Tribunals Service ‘not working towards shared objectives’

The backlog of cases in criminal courts in England and Wales is likely to be a pervasive issue for several years, severely affecting victims, witnesses and defendants, the National Audit Office has said.

In a report published on Friday, the NAO says the Ministry of Justice’s plan to tackle the backlog is ambitious and hinges on securing funding and resources, neither of which are a given.

Parliament’s spending backlog says uncertainty around funding, physical and judicial capacity in courts and the capacity of other criminal justice agencies and support services all pose a threat to the recovery. Additionally, the MoJ and Her Majesty’s Courts and Tribunals Service (HMCTS) are described as “not yet working towards shared, strategic objectives” with respect to the backlog.

The report chimes with grave warnings from lawyers and observers. It says the backlog in the crown courts, which hears the most serious cases, had already increased by 23% in the year leading up to the coronavirus pandemic, partly because the MoJ allocated an insufficient number of court sitting days. Despite a quick response by the MoJ and HMCTS to the pandemic, the NAO says the number of cases received and not yet completed in the crown courts increased by another 48% in the 15 months to the end of June, to 60,692.

In the latter period, the number of cases older than a year in the crown court increased from 2,830 to 11,379 (302%), and from 246 to 1,316 (435%) for rape and sexual assault cases.

Gareth Davies, the head of the NAO, said: “Despite efforts to increase capacity in criminal courts, it looks likely that the backlog will remain a problem for many years. The impact on victims, witnesses and defendants is severe and it is vital that the Ministry of Justice works effectively with its partners in the criminal justice system to minimise the delays to justice.”

The report also expresses concern about how court users who are vulnerable because of their age, mental disorders or physical impairment have been affected, for example by remote access to justice, accusing the MoJ and HMCTS of a “poor understanding” of the issue.


“We also found no evidence that the ministry and HMCTS have any data on users’ ethnicity to carry out meaningful analysis on whether ethnic minority groups have been disadvantaged by the pandemic or the recovery programme. The ministry is therefore unable to assure itself that it is meeting its objective to ‘build back fairer’,” the report says.

The MoJ’s latest models indicate the crown court backlog could be between 17% and 27% higher than pre-pandemic levels by November 2024. But the NAO says both scenarios assume increasing the use of part-time judges to “unprecedented levels”, adding: “Considerable uncertainty remains about demand flowing into the courts following the pandemic and the pace of new police recruitment and deployment.”

An MoJ spokesperson said: “This report recognises the speed at which we responded to Covid-19. This meant that in a matter of months our buildings were made safe, remote technology was rolled out across all courts, and Nightingale courtrooms opened up and down the country to increase the space available for trials.

“We are already seeing the results, with outstanding cases in the magistrates courts falling, and in the crown court the backlog stabilising.”

Newsletter

Related Articles

0:00
0:00
Close
Vistry Cuts Profit Outlook as Losses Deepen and Private Home Sales Weaken
Reported Assaults on Great Britain’s Railways Rise Sharply
Far-Right Activist Daniel Thomas Arrested After Channel Dinghy Slashing
Ukrainians in Britain Face Greater Homelessness Risk as Host Payments Are Cut
Scottish Drug Deaths Rise as Synthetic Opioids Spread
UK Diesel Prices Approach Record High as Energy Costs Intensify
UK Food and Drink Trade Deficit Widens to Record £21 Billion
Britain’s Largest Planned AI Supercomputer Delayed by Power Grid Constraints
NHS Boards Impose Minimum Waits of Up to Two Years for ADHD and Autism Assessments
Police Arrest Far-Right Activist After Migrant Dinghy Slashed in English Channel
Synthetic Opioids Drive Renewed Rise in Scotland’s Drug Deaths
Reported Assaults on Britain’s Railways Rise 20% in a Year
Vistry Cuts Profit Forecast as Losses Weigh on UK Housebuilder
TikTok Drops Appeal and Accepts £12.7 Million UK Data Protection Fine
Russell Group Urges UK Government to Drop Proposed International Student Levy
Legal & General Plans to Cut 1,000 Jobs by Mid-2027
UK Health Bill Would Remove Independent Governors From NHS Foundation Trusts
BMA Raises Patient Safety Concerns Over Advanced Practitioners Filling Doctor Rotas
UK’s Largest AI Supercomputer Delayed by Power Supply Constraints
NHS Orders Security Cameras in Neonatal Units Following Thirlwall Inquiry
Post-Brexit Trade Barriers Cost UK Economy Up to £6.5 Billion a Year, Analysis Says
UK Parliament Launches Inquiry Into Bank of England Monetary Policy Independence
Global Bond Selloff and Higher Oil Prices Narrow UK Budget Options
UK Prime Minister Andy Burnham Addresses UN and Holds First Meeting With Donald Trump
Royal Navy Commandos Complete Maritime Operations Training With US Navy SEALs
Vistry Profit Warning Adds to Concerns Over UK Housebuilding Conditions
UK Commits £343 Million to Major Expansion of Community Mental Health Services
Five Eyes Partners Back UK-Led Campaign Against Global Fraud Networks
UK Businesses Gain Full Access to £13 Trillion CPTPP Trading Bloc
UK Allocates Nearly £10 Billion for Council, Social and Affordable Housing
Chancellor John Healey Unveils Deregulation Drive to Accelerate UK Investment and Growth
Prime Minister Andy Burnham Sets Out Post-Brexit Foreign Policy Vision at United Nations
UK Reassesses Chagos Arrangements as Burnham Seeks New Path on Diego Garcia
Key Trends to Watch
Government’s “Buy British” Procurement Push Targets More Domestic Jobs and Industrial Capacity
Scotland Launches Four-Year Flood Resilience Programme With New Community Funding
Low-Income Renters Face Record Gap Between Housing Support and Private Rents
UK and US Test Torpedo Launch From British Undersea Drone in Defence Technology Milestone
Britain Pushes Artificial Intelligence Security Onto United Nations Security Council Agenda
Treasury Committee Defends Office for Budget Responsibility Independence Amid Fiscal Pressure
Scotland Records Eleven Per Cent Rise in Drug-Use Deaths as Cocaine and Nitazenes Drive Concern
Welsh Government Sets Four-Year Programme Around Health, Living Costs, Jobs and Housing
Study Finds Most People With High Blood Pressure in England Remain Undiagnosed
Britain Plans First National Workplace Health System to Tackle Economic Inactivity
England to Introduce Vocational GCSEs in Major Secondary Education Reform
UK Elevates Climate and Nature Risks to National Security Priority
Andy Burnham and Donald Trump Put Trade at Centre of First Major Bilateral Meeting
Andy Burnham and Ursula von der Leyen Push Ahead With Closer UK-European Union Economic Ties
UK Government Borrowing Jumps to Eighteen Point Three Billion Pounds Ahead of October Budget
Piddington Residents Back Symbolic Independence Vote Over Asylum Accommodation Plan
×