Victims facing ‘inhumane’ delays for justice as courts crisis mean dozens of trials listed for 2030
Dozens of criminal trials will not take place for another four years, new figures reveal, as victims of crime face “inhumane” delays to justice under Britain’s broken court system.
A growing backlog means a shocking 29 trials, including violent and drug offences, are scheduled to start as far away as 2030, with victims waiting at least four years to have their day in court.
More than 2,600 Crown Court cases, including 206 rape cases in total, are not expected to be heard until 2028. A further 625 trials, including 14 for sexual offenses (four alleged rapes), are not scheduled to start until 2029.
Ministry of Justice figures obtained through a freedom of information request reveal the full extent of the UK’s troubled justice system; Critics blame decades of underfunding.
Lord John Thomas, former chief justice of England, said: Independent delays “merely deny justice”.
Victims commissioner Claire Waxman described the wait for victims as “inhumane” and added there was evidence court delays were causing marriages to break down, people to lose their jobs or the onset of stress-related illnesses.
The figures come as justice secretary David Lammy presses ahead with controversial plans to block jury trials despite fierce opposition from parts of the legal industry who argue the reforms “go too far” and cannot cope with delays.
Ministers tabled legislation in parliament on Wednesday to overhaul the court system to reduce the backlog of around 80,000 crown court cases by removing the right to a jury trial for cases where sentences are likely to be less than three years.
The Ministry of Justice has warned that the backlog could rise to more than 200,000 by 2035; Justice Minister Sarah Sackman KC admitted this week that the government needed to “do something other than throw the kitchen sink” at the system to reduce the backlog. He admitted that things “will get worse before they get better.”
Unlimited court sitting days will also be funded and “Lightning courts” will be established to speed up the justice system, as well as increasing the use of artificial intelligence in courts.
Responding to the latest data, Ms Waxman said the delays were “not shocking or surprising”.
“What concerns me are the ones listed as far out as 2028 and 29; I’m not sure they’ll start on the actual dates,” he added.
“Behind every statistic and figure is a victim who has been subjected to crime, who will suffer trauma and perhaps physical injuries, and who will have to put their lives on hold for a number of years before they can go to court and access any form of justice and closure and begin to heal.
“Victims do not begin to heal until the justice system is complete.”
Ms. Waxman added that the four rape cases listed for trial in 2029 have likely been in the system for at least a year or two, meaning it could be at least five years before they come to trial.
While unlimited hearing days are helpful, he insists it is not a “magic solution” as many cases are still postponed on the day of the hearing. This is usually due to logistical reasons, such as detained defendants not being brought to court on time.
Controversial government reforms to jury trials follow two reports into the crisis by former senior judge Sir Brian Leveson.
Before making any changes to jury trials, Lord Thomas called on authorities to tackle the backlog by implementing changes from Sir Brian’s second report, which contained 135 recommendations to improve court efficiency.
Lord Thomas, a different judge who served as head of the judiciary from 2013 to 2017, said: “These delays are a denial of justice and are unacceptable. They must be tackled immediately.
“And only then, if it doesn’t work, should we make changes to jury trials.”
He also believes that non-jury trials should be heard by a judge and two judges, rather than a judge alone.
Bar Council President Kirsty Brimelow KC said the figures showed “trial dates for sexual offenses and rape cases are very far in the future but not as far back as they are sometimes given the impression”.
“There are significant delays in the pre-trial phase,” he said.
“Being serious about tackling delays means focusing on delays that occur before the case comes to court.”
The Bar Council said it “fundamentally disagrees” with proposals to limit the right to trial by jury, adding that there is “little evidence” to suggest this proposal would address the crisis in the courts.
“Juries did not cause this crisis, and we have seen no evidence to confirm they were obstructed,” Ms Brimelaw said on Wednesday.
“So we fundamentally disagree with restricting jury trials. The objection is principled and pragmatic, and the modernization mantra regarding juries is a Trojan horse for hacking a well-established constitutional principle.”
The Law Society also criticized the move to restrict jury trials as “wrong”, arguing it “went too far” and would give single judges the power to determine guilt in life-changing cases.
Responding to the latest figures, Law Society president Mark Evans said: “These shocking figures are a result of decades of chronic underfunding of our justice system, a vital public service.
“The Leveson report highlights a host of measures that will help resolve the crisis and confirms that the UK government must provide sustained, significant investment in all parts of the system.”
But Ms Waxman warned MPs not to block the bill “for the sake of blocking” if there was no other viable solution, adding: “Then I would say they are preventing us from getting to the top of these waiting lists and are potentially failed victims.”
“Like any bill, this definitely needs to be reviewed, but I hope those who are reviewing it are doing it for the right reasons,” he said.
“And if they’re saying, ‘justice needs juries, that’s it,’ I think they need to open their minds a little more and recognize that we need to modernize the criminal justice system.”
Of the 29 cases listed for 2030, 12 involve drug crimes, four involve crimes of violence against the person, three involve theft crimes and three involve weapons possession crimes.
Of the 625 cases listed for 2029, 14 involve sexual offences, 133 involve violence against the person and 190 involve drug offences.
A Ministry of Justice spokesman said: “This government inherited a justice system in crisis.
“Only through these important reforms, extra investment and our drive to improve efficiency in the system can we ensure brave crime victims and survivors get the justice they deserve faster.
“Together, these measures will free up the space and time needed to prioritize the most serious cases, including those that can and should have a jury trial.”
