Crown Court Backlog Hits Record 80,203 Cases

Inner Temple Library Current Awareness

Published February 20th, 2024

Detected March 28th, 2026

Summary

The Ministry of Justice has reported a record backlog of 80,203 cases in the Crown court as of December. This figure highlights the ongoing strain on the justice system and is being used by the government to justify proposed reforms, including restrictions on jury trials, which are opposed by the criminal bar.

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What changed

The Ministry of Justice has announced that the Crown court backlog has reached a new record of 80,203 cases by the end of December. This figure represents a significant challenge for the UK's justice system, with courts minister Sarah Sackman stating the Crown court is "on the brink of collapse" and emphasizing the need for "pragmatic reform" and "historic investment." The government is using these figures to support its proposed reforms, which include curbing the right to jury trials.

Legal professionals, particularly those in the criminal bar, are pushing back against the proposed jury trial restrictions, arguing that the rate of increase in the backlog is slowing and that efficiency measures should be prioritized. The Criminal Bar Association notes that the backlog has only increased by 1% on the previous quarter, suggesting government projections of future backlogs may be overly pessimistic. The Law Society also questions the effectiveness of moving cases to already overwhelmed magistrates' courts. The Courts and Tribunals Bill, which includes these proposed reforms, is currently under parliamentary scrutiny.

What to do next

Monitor the progress of the Courts and Tribunals Bill and any enacted reforms.
Assess potential impacts of jury trial restrictions on case processing and legal strategy.
Review magistrates' court capacity and potential case transfer implications.

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The Crown court backlog has reached a new record, according to data released today by the Ministry of Justice. The government said the latest figures show why jury trials need to be curbed as part of its reform package: the criminal bar said they prove the opposite.

Quarterly figures released today shows the outstanding caseload climbed to 80,203 by the end of December.

Courts minister Sarah Sackman said: ‘With a record-breaking backlog of over 80,000 cases, the Crown court is on the brink of collapse. The scale of this crisis has left victims bearing the brunt of years of neglect, facing devastating delays. Through pragmatic reform, historic investment and increased efficiency, we are pulling every lever at our disposal to drive down the backlog. Victims have waited long enough – and we will deliver the swift, fair justice they deserve.’

The ‘levers’ include restricting the right to a jury trial, which hundreds of lawyers have urged the government not to pull and to focus on efficiency measures instead.

The Crown court backlog has reached a new record

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KC quits regulator over 'tyrannical' jury trial curbs Andrew Thomas KC, vice-chair of the Criminal Bar Association, said the open caseload has only increased by 1% on the previous quarter. ‘The decline in the rate of increase is before the removal of the cap on sitting days and other measures which will help bring the backlog down.’

Thomas said the government’s projections that the backlog could reach 135,000 by 2035 ‘is beginning to look wildly pessimistic’.

Meanwhile, the backlog in the magistates' court rose by 4% on the previous quarter. The government's reforms would see magistrates hear more cases. Marcus Johnstone, managing director of PCD Solicitors, questioned the ability of magistrates' courts to cope with the 'avalanche of new cases' that would follow curbs on jury trials.

Law Society president Mark Evans said: 'While the Courts and Tribunals Bill progresses, cutting jury trials would do little to ease the backlog. The statistics show that moving more cases from the Crown court to the magistrates’ court is not the answer, as magistrates are already overwhelmed and facing growing delays of their own.'

The bill is currently being scrutinised by MPs before heading back to the Commons chamber for a third reading.