Court capacity: Government Response

The Government has published a response to the Commons Justice Committee's report on court capacity.

In April 2022, The Justice Committee called on the Government to do more to tackle the "lengthy backlog facing the court system." The Committee went on to warn: "while innovations in the court system are welcome it will require strategic planning and long-term resourcing to address the number of cases waiting to be heard. At present, staffing levels, particularly the number of judges, and the physical courts estate are insufficient to support the level of capacity necessary to cope with the demands placed on the court system."

"The courts of England and Wales are at an important crossroads. The recovery from the pandemic provides an opportunity to build a sustainable long-term approach to growing the capacity of the courts over the next decade. In relation to every element of court capacity, including the estate, data, technology, staff and the judiciary, the Government needs to show the long-term ambition required to ensure that the number of outstanding cases will be kept under control and delays will be reduced. Without it there is a risk that in the future the courts will be too fragile to cope with any unexpected surges in demand. The pandemic has shown that it is both expensive and difficult to expand court capacity in the short-term and as a consequence future governments should learn the lesson that reductions in capacity may lead to more costs further down the line.

The capacity of the Crown Court, the Family Court and the County Court need particular attention from the Government. Delays in the Crown Court have reached a point where they are causing significant injustice. The Government is taking steps in the right direction but more needs to be done to improve every element of the capacity of the Crown Court. In the Family Court, the growing number of private family law cases is not sustainable. Diverting cases away from the courts is part of the answer, but a more wide-ranging package of measures is needed to address the capacity problem. The County Court plays a crucial role in providing access to justice to the public and yet does not receive the attention it deserves. The modernisation of the County Court should be accelerated in order to reduce delays."