Leeds Crown Court among most efficient in the country at dealing with Covid-19 case backlog as leading Yorkshire barrister blasts Government's historic lack of investment

Leeds Crown Court is among the most successful courts in the country in coping with the unprecedented backlog of cases currently posing the "greatest threat" to the judicial system.
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One of Yorkshire's leading barristers said that recent figures show the North Eastern circuit is currently dealing with more trials than any other in England in Wales.

But Richard Wright QC warned that the massive backlog of cases across the country cannot be blamed solely on the Covid-19 pandemic.

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Mr Wright said historic Government under-funding and a "deliberate policy" by Her Majesty's Courts and Tribunal Service (HMCTS) to cut the number of judges are also to blame.

Richard Wright QC, leader of the North Eastern Circuit.Richard Wright QC, leader of the North Eastern Circuit.
Richard Wright QC, leader of the North Eastern Circuit.

The barrister spoke as watchdogs warned that an "unprecedented and very serious" court case backlog poses the greatest threat to the criminal justice system.

Four top inspectors have joined forces to express "grave concerns" about the situation, which has been exacerbated by the pandemic.

Mr Wright told the Yorkshire Evening Post: "The good news is that recently released figures from HCTMS show that the North East circuit is dealing with more trials than any other circuit in England and Wales and that means that we are more efficient and effective than any other region in the country at dealing with work in the Crown court.

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"That is testament to the collaboration and cooperation between the professions and the judiciary throughout Yorkshire and the North East.

Leeds Crown CourtLeeds Crown Court
Leeds Crown Court

"However, to categorise this backlog of cases as the product of the Covid pandemic is to completely ignore the crises that existed prior to March 2020.

"The reality is that the lion's share of the backlog is nothing to do with Covid at all but is the product of a deliberate policy by HMCTS to limit the cases that were heard in the Crown court by cutting the number of judges available.

"Throughout 2019, those were regularly adjourned, not because there wasn't a court to hear them in, but because, artificially, the number of sitting days were limited by HMCTS.

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"I find it incredible that HMCTS still refuse to acknowledge their responsibility for the situation that now exists.

"The pandemic has shone a light on this problem and exacerbated it."

Justin Russell, chief inspector of probation, Sir Thomas Winsor, chief inspector of constabulary, Charlie Taylor, chief inspector of prisons, and Kevin McGinty, chief inspector of the Crown Prosecution Service, issued a warning ahead of being questioned by MPs.

In a joint report, they spelt out how the coronavirus pandemic has affected the work of police, prosecutors, prisons, probation and youth offending teams.

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They concluded that the "unprecedented and very serious court backlogs constitute the greatest risk to criminal justice and the ripple effects across all agencies are profound".

They pointed to the difficulties and lengthy delays at all stages of the criminal justice system that "benefit no-one and risk damage to many".

Although they praised the commitment of staff and highlighted efforts to continue working amid the crisis, particularly remotely, many areas of concern were raised.

According to the report, the number of ongoing cases in Crown courts was 44 per cent higher in December compared with February last year, while some cases are already being scheduled for 2022.

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The criminal courts backlog stood at 457,518 as of November, the latest available figures from the Ministry of Justice show.

There were 53,950 cases outstanding in the Crown courts and 403,568 outstanding in the magistrates' courts.

According to the data, the overall number of outstanding criminal cases has fallen slightly since October.

But it is still about 100,000 higher than figures for February 2020, before the country first went into lockdown in March.

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Mr Wight said: "While all efforts to expand capacity have been welcome, the reality is that, even after social distancing is no longer required, the current court estate will not be able to significantly eat into the backlog.

"We expect significant delays to cases for many years unless the Government invests in an ambitious programme of court capacity expansion.

"The professions have made proposals to Government since the very start of the pandemic.

"The current expansion does not go far enough and has not been rapid enough.

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"The result is that, at the moment the criminal justice system fails every participant."

Mark Burns-Williamson, West Yorkshire’s Police and Crime Commissioner (PCC), said: “The findings of these inspection reports sadly come as little surprise, with the key issues which are highlighted. Clearly, the backlog in our courts is a huge concern, and the way this impacts on all those involved, in particular those victims and witnesses affected.

“Our justice system as a whole requires proper Government investment and further reform, and we need to build on some of the things developed during the pandemic to ensure that we never allow such a backlog to occur again..”