Bar Council warns magistrates' backlog reaches record high

Detected March 31st, 2026

Summary

The Bar Council has issued a warning to the government regarding the magistrates' court backlog, which has reached a record high of 379,437 cases—representing a 17% increase from the previous year and 70% higher than 2019 levels. The professional body is calling on the government to abandon proposals to increase magistrates' sentencing powers and divert more cases from the Crown Court, which would increase demand on magistrates' courts by an estimated 10-15%.

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What changed

The Bar Council has released official statistics from the Ministry of Justice showing the magistrates' court backlog has grown to 379,437 cases, up 17% year-on-year and 70% above pre-pandemic 2019 levels. The warning specifically addresses government proposals that would expand magistrates' sentencing powers and restrict jury trials, which the Institute for Government estimates would increase magistrates' court demand by 10-15%. Bar Council Chair Kirsty Brimelow KC stated the government's plan to reduce Crown Court backlogs by shifting cases to magistrates' courts is 'high risk for highly uncertain benefit.'

Legal professionals and court administrators should monitor legislative developments regarding proposed changes to magistrates' sentencing powers. The Bar Council recommends expanding court capacity and resources rather than diverting cases to an already overwhelmed system. Barristers and judges have demonstrated ability to reduce backlogs when adequately resourced, according to the Chair.

Source document (simplified)

The Bar Council has warned the government against its plans to push cases into the magistrates’ courts as new data shows that its backlog has reached a record high.

Statistics published by the Ministry of Justice show that the magistrates’ court backlog has increased by 17% in the last year. The backlog is now at a record of high of 379,437 cases – 70% higher than what it was in the same period in 2019.

Under government proposals, magistrates’ sentencing powers would increase which would see thousands more serious cases be moved to the magistrates’ court. According to the Institute for Government, the reforms would see a 10-15% increase in demand on the magistrates’ court.

Bar Council Chair Kirsty Brimelow KC said: "The backlog of cases in the magistrates’ court has accelerated faster than in the Crown Court. It now is at a record high of 379,437, an increase of 17% on last year’s waiting list. The government's plan to reduce cases in the Crown Court by pushing them into the magistrates’ court and restricting jury trials is high risk for highly uncertain benefit.

“The Crown Court backlog increase needs to be tackled by opening all the closed courts urgently and giving judges and barristers the resources they need to tackle the delays. They have demonstrated they can do it, even when being forced to work at reduced capacity."