Court backlog will continue to rise even with new reforms, Lammy says

The crown court backlog in England and Wales will continue to rise and may be at the same level at the next general election despite a new package of reforms, Justice Secretary David Lammy has told the BBC.

The measures being introduced to Parliament on Wednesday include lifting the cap on court sitting days, ramping up the use of artificial intelligence (AI) and introducing so-called "Blitz courts" which will list similar cases together.

The government has previously announced plans to scrap jury trials for some offences, prompting criticism from opposition MPs and legal groups.

The backlog currently is at 80,000 cases, but the Ministry of Justice has warned not acting now could mean it reaches more than 200,000 by 2035.

In a speech on Tuesday, Lammy said: "The court backlog has clearly become far too large and delays have become far too long.

"Today, we are calling time on that system - and consigning it to the past."

In a later interview with BBC Newscast, Lammy said it would take time for the reforms to have an impact.

"I want to see the backlog coming down by the next election, but [...] I'll be honest with you, it is not down substantially until we get into the 2030s," Lammy told Newscast.

"It's not until it [comes into] the statute books at the end of next year, beginning of 2027, that we can get on and see the reforms.

"It's for that reason that it takes some time for this to kick in."

Plans to scrap the sitting day cap have been largely welcomed.

The Criminal Bar Association described it as a "significant" first step but said further action was needed on recruitment and retention of criminal barristers and solicitors.

The MoJ also wants to see greater use of AI for tasks such as transcribing hearings, and "Blitz courts" - which will list similar cases together in a bid to streamline court resources and expertise.

Lammy first announced in December that jury trials in England and Wales for crimes that carry a likely sentence of less than three years will be scrapped.

It followed a recommendation in Sir Brian Leveson's review of the court system that the right to a jury trial was scaled back.

But Shadow Justice Secretary Nick Timothy said on Tuesday: "There is no hiding the fact that Lammy is rushing ahead with his plans to abolish jury trials. Labour have no mandate to do this and there is no need for it either.

"Lammy still has not explained how he will improve court efficiency around issues like recruitment and retention, courtroom productivity, and case management."

Jess Brown-Fuller, the Liberal Democrats' justice spokesperson, said her party also did not support judge-only trials, while the Law Society of England and Wales said the proposals "go too far".

"The backlogs in our courts need to be tackled urgently and additional investment and resources and a commitment to Sir Brian Leveson's recommendations are welcome," immediate past president Richard Atkinson said.

"However, the government's proposals go too far in eroding the longstanding right to be judged by a jury of our own peers."

The government has agreed a £2.7bn funding for courts and tribunals for the next year, up from £2.5bn last year.

It follows the publication of the final stage of Sir Brian Leveson's review earlier in February.

Sir Brian warned of a court system "on the brink of collapse" and issued 130 efficiency recommendations, some of which will be brought in to Parliament through the new Bill.

Among his concerns was a "crumbling" court estate – which "suffers from chronic underinvestment, with a £1.3 billion maintenance backlog".

Lammy said on Tuesday that court maintenance funding would be boosted to almost £150m for the next financial year.