Court Capacity

Justice Committee Closed Inquiry
Opened: 30 Jul 2020 Closed: 14 Sep 2023 Parliament page
This inquiry is looking at the capacity of the court system and how it can address delays to cases being heard. The number of delays has grown significantly due to the covid-19 pandemic. It will examine: How these delays can be addressed The practical experience of these delays for lawyers, … Read more
20 Recommendations
13 Conclusions
1 Report
2 Oral sessions
5 Letters
7 Events
Activity timeline 14 events
7 Jul
2022
Report published
27 Apr
2022
Report published
23 Jul
2021
Correspondence
24 Mar
2021
Oral evidence
16 Mar
2021
Formal meeting · Virtual meeting
2 Mar
2021
Formal meeting · Virtual meeting
23 Feb
2021
Formal meeting · Virtual meeting
9 Feb
2021
Formal meeting · Virtual meeting
4 Feb
2021
Correspondence
26 Jan
2021
Formal meeting · Virtual meeting
12 Jan
2021
Oral evidence
24 Nov
2020
Correspondence
Oral evidence sessions 2 sessions
24 Mar 2021
View on parliament.uk
Jane Harbottle · Legal Aid Agency Kevin Sadler · Her Majesty's Courts and Tribunals Service The Lord Wolfson of Tredegar KC · Ministry of Justice
12 Jan 2021
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Beverley Higgs JP · Magistrates Association Callyane Desroches · Crest Advisory Derek Sweeting QC · The Bar Council Richard Miller · The Law Society of England and Wales Thomas Pope · Institute for Government
Title HC No. Published Items Response
Sixth report - Court capacity HC 69 27 Apr 2022 33 Response document linked
Recommendations & Conclusions
33 results
1 Conclusion
Sixth report - Court capacity
Nightingale Courts made a major contribution to increasing court capacity during pandemic.
HMCTS deserve praise for delivering the Nightingale Court project. The project made a major contribution to increasing the capacity of the courts during the pandemic.
Ministry of Justice
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2 Conclusion
Sixth report - Court capacity
Court estate maintenance backlog is a serious problem impacting court capacity and justice delivery.
The maintenance backlog in the court estate is a serious problem. While there are some good court buildings, far too many are in a poor condition. This is having a negative effect on other elements of court capacity and, if … Read more
Ministry of Justice
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3 Recommendation
Sixth report - Court capacity
Require Government to develop multi-year funded plan to improve quality of court estate.
The Government should develop and deliver a comprehensive plan to improve the quality of the court estate, which is funded on a multi-year basis. The plan should identify solutions for delivering essential maintenance without reducing physical capacity. It should also … Read more
Ministry of Justice
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4 Recommendation
Sixth report - Court capacity
Require Ministry of Justice to publish progress and final cost of HMCTS court reform programme.
We recommend that the Ministry of Justice publish an update on the progress made on each project within the HMCTS court reform programme and, in particular, the date by which the programme is expected to complete and its anticipated final cost.
Ministry of Justice
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5 Conclusion
Sixth report - Court capacity
MoJ and HMCTS missed court reform opportunities due to insufficient early data collection.
The Ministry of Justice and HMCTS have missed opportunities to swiftly deliver an ambitious court reform programme. Many of the problems that we heard about during our inquiry and continue to hear about, could have been avoided if better data … Read more
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6 Conclusion
Sixth report - Court capacity
High-quality data is essential for MoJ to determine court capacity and predict caseloads.
Improving the quality of data in the justice system will help the MoJ to determine whether the courts have the capacity they need to deal with cases in a timely fashion. The Government needs to have access to high-quality data … Read more
Ministry of Justice
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7 Recommendation
Sixth report - Court capacity
Require Ministry of Justice to ring-fence funding for data improvement and publish timetable.
The Ministry of Justice must ensure that it ring-fences funding from Spending Review 2021 to expedite work to deliver on its commitments to improve data, as Court Capacity 43 well as allocating funding for this work as part of Spending … Read more
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8 Conclusion
Sixth report - Court capacity
Judicial capacity identified as the most pressing constraint on the court system.
When the number of staff and judges falls more sharply than the overall caseload, there are bound to be capacity issues in the courts. Even if the number of cases falls more quickly than the number of staff, reducing judicial … Read more
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9 Conclusion
Sixth report - Court capacity
Urgent need for collaboration on judge recruitment and competitive HMCTS staff pay.
The Government, the Judiciary and the Judicial Appointments Commission should work closely together to address the challenges in recruiting judges in those areas where there is the greatest need for increased capacity. In relation to the pay of HMCTS staff, … Read more
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10 Conclusion
Sixth report - Court capacity
Existing criminal justice inspection regime deemed insufficient and inadequate over time.
The Government also argued that the inspection provided by the existing criminal justice inspectorates and the National Audit Office was sufficient. We do not believe that this argument has stood the test of time.
Ministry of Justice
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11 Recommendation
Sixth report - Court capacity
Establish a new courts’ inspectorate to cover civil, family, and Coroners’ Courts.
We are concerned that at present there is a significant gap within the inspection regime in the justice system. For example, there is no inspectorate that covers the civil and family courts. Nor is there one in respect of Coroners’ … Read more
Ministry of Justice
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12 Recommendation
Sixth report - Court capacity
Re-establish an independent Courts’ Inspectorate with updated, broadened terms of reference.
A Courts’ Inspectorate, which is independent from Government, could make a substantial difference to the accountability and transparency of the justice system. It could use inspections and the promised improvements to the quality of the data to make recommendations that … Read more
Ministry of Justice
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13 Recommendation
Sixth report - Court capacity
Publish monthly Crown Court trial targets and a roadmap for outstanding case reduction.
The recovery in the Crown Court will depend on the ability of the courts to dispose of a significantly higher average number of trials each month. While we recognise the difficulties of setting prescriptive targets. While we recognise the difficulties … Read more
Ministry of Justice
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14 Conclusion
Sixth report - Court capacity
Crown Court timeliness failures cause injustice, requiring long-term capacity investment.
The current situation on timeliness in the Crown Court is causing significant injustice. The pandemic has made the situation worse, but the factors responsible for increased delays over the past decade are deep-rooted. A long-term approach to investment in the … Read more
Ministry of Justice
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15 Recommendation
Sixth report - Court capacity
Set specific timeliness targets across criminal justice system, including for rape cases.
The Committee welcomes the publication of criminal justice scorecards. We recommend that the Government builds on these scorecards by setting itself targets to improve timeliness across the criminal justice system. The Government should also set timeliness targets for the average … Read more
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16 Recommendation
Sixth report - Court capacity
Publish Crown Court forecasting models, detailed recovery plan and long-term capacity targets.
Whilst we welcome the opportunity to view the MoJ’s forecasting models, we recommend that the Government routinely publishes its models and publishes a detailed recovery plan that sets out how it plans to meet its target of reducing the number … Read more
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17 Recommendation
Sixth report - Court capacity
Produce a detailed long-term plan to increase judicial capacity in the Crown Court.
We share the view of the judiciary and the MoJ that judicial capacity is, at present, the most pressing constraint in the courts system. We welcome the Government’s plans to recruit more judges. The Government should learn the lesson from … Read more
Ministry of Justice
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18 Recommendation
Sixth report - Court capacity
Produce comprehensive evaluation of Nightingale Courts and outline future policy for supplementary venues.
We welcome the Government’s announcement of the lease extension for a number of the Nightingale Courts. The Government should now set out its policy on the future use of supplementary venues to support the work of the Crown Court. It … Read more
Ministry of Justice
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19 Recommendation
Sixth report - Court capacity
Set out plans for providing additional super-courtrooms to enhance court capacity.
The Committee welcomes the creation of super-courtrooms and commends HMCTS for their work in getting them up and running during the pandemic. The Government should set out how many more super-courtrooms will be provided by
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20 Conclusion
Sixth report - Court capacity
In-person advocate attendance often crucial for serious Crown Court cases.
The Committee recognises the advantages for advocates to attend remotely; however, it is important to recognise that in Crown Court cases dealing with the most serious cases, it will often be in the interests of justice for advocates to attend … Read more
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21 Conclusion
Sixth report - Court capacity
Thorough review of Section 28 implications required before further expansion.
The rollout and expansion of section 28 of the Youth Justice and Criminal Evidence Act 1999, which allows pre-recording of evidence and cross-examination for children and vulnerable witnesses, is an important step in improving the experience of these witnesses in … Read more
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22 Recommendation
Sixth report - Court capacity
Improve listing transparency by establishing specialist rape courts and providing Section 28 guidance.
There is more that can be done to make listing more transparent and effective, for example by distinguishing between listing decisions based on court capacity and those based on case progression. The development of local justice scorecards will help to … Read more
Ministry of Justice
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23 Conclusion
Sixth report - Court capacity
Importance of system-wide coordination for technology use in magistrates' courts.
The use of video remand hearings in magistrates courts highlights the importance of coordination across the criminal justice system on the use technology within the criminal courts. In the long-term, the MoJ should use research on remote hearings, such as … Read more
Ministry of Justice
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24 Recommendation
Sixth report - Court capacity
Streamline magistrates' recruitment process to ensure applications are processed within six months.
The Committee welcomes the Government’s launch of a major campaign to recruit magistrates. The Government should also consider whether it would be possible, as the Committee recommended in 2016, to streamline the recruitment process, so that applications are processed within … Read more
Ministry of Justice
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25 Recommendation
Sixth report - Court capacity
Conduct 12-month review of increased magistrates' sentencing power and Crown Court workload impact.
The Committee supports the decision to increase the sentencing power of magistrates. The Government should conduct a review of the change 12 months after it has come into force and evaluate its effect on the workload of the Crown Court. … Read more
Ministry of Justice
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26 Recommendation
Sixth report - Court capacity
Establish a Royal Commission to review the criminal justice processes.
The evidence to this inquiry has shown that the criminal courts are going through a period of significant change and the question of the role of technology in the courts is particularly pressing. The Government should proceed with its manifesto … Read more
Ministry of Justice
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27 Recommendation
Sixth report - Court capacity
Family justice requires urgent cross-government attention to improve support for separating couples.
The Committee welcomes the Deputy Prime Minister’s willingness to consider bold solutions in family justice. It is an area of the justice system that needs the Government’s full attention. Just as with the criminal justice system, it is vital that … Read more
Ministry of Justice
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28 Recommendation
Sixth report - Court capacity
Develop a Family Justice action plan to expand capacity and improve timeliness by 2025.
We are concerned by the growing number of cases in the Family Court. The Government should develop a Family Justice action plan to address this problem. The action plan should set out how the Government will expand the capacity of … Read more
Ministry of Justice
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29 Recommendation
Sixth report - Court capacity
Mediation Voucher Scheme shows promise but requires further scaling to meet Family Court demand.
The Government’s Mediation Voucher Scheme is a welcome development for the capacity of the Family Court. The initial results, with 400 vouchers being used and with 77 percent of cases reaching full or partial agreements, are promising. While we recognise … Read more
Ministry of Justice
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30 Conclusion
Sixth report - Court capacity
Remote hearings negatively impact Family Court capacity and the overall quality of justice.
We are concerned that the current approach to remote hearings in the Family Court is having a negative effect both on court capacity but also on the quality of the justice itself. Whilst we note that a significant proportion of … Read more
Ministry of Justice
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31 Recommendation
Sixth report - Court capacity
Confirm Core Case Data rollout timeline and publish local civil justice scorecards for transparency.
We welcome the Government’s ambition to improve the use of digital technology in the County Courts. We would ask the Government to confirm the timeline for the rollout of Core Case Data. Once the data is available, the Government should … Read more
Ministry of Justice
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32 Recommendation
Sixth report - Court capacity
Set out steps to reduce County Court delays and boost its overall operational capacity.
The County Court is vital to access to justice in England and Wales. The public relies on it to resolve disputes and vindicate their rights. As such, the significant increase in delays in certain cases in the County Court is … Read more
Ministry of Justice
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33 Conclusion
Sixth report - Court capacity
Enhancing court capacity requires addressing judicial, staff, digital, and physical elements concurrently.
To enhance the capacity of the civil and family courts, it is vital to address each of the core elements of court capacity: judicial, staff, digital and physical. As the Lord Chief Justice explained, digital and physical capacity have a … Read more
Ministry of Justice
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Correspondence 5 letters
23 Jul 2021 Criminal law roundtable transcript 8 February 2021
Parliament page
4 Feb 2021 From committee Letter to the Lord Chancellor, dated 3 February 2021, regarding the situation in the Crown Court
Parliament page
24 Nov 2020 To committee Letter from Sir Robert Neill MP, Chair, Justice Committee to Rt Hon Rishi Sunak MP, Chancellor of the Exchequer, dated 19 November 2020, on funding for the courts in England and Wales
Parliament page
24 Nov 2020 To committee Letter from Sir Robert Neill MP, Chair, Justice Committee to Rt Hon Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice, dated 19 November 2020, on funding for the court reform programme
Parliament page
8 Jul 2020 To committee Letter from Rt Hon Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice, dated 1 July 2020 on capital investment in Courts and Prisons
Parliament page