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
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
Formal meeting (oral evidence session) · Virtual meeting
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
Formal meeting (oral evidence session) · Room 8, Palace of Westminster
24 Nov
2020
Correspondence
Title HC No. Published Items Response
Sixth report - Court capacity HC 69 27 Apr 2022 33 Responded
Recommendations & Conclusions
12 results
Clear
1 Conclusion Accepted
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.
Government Response
The government committed to implementing a medium-term maintenance programme for the court estate with multi-year funding and has a planned pipeline of future works. It will continue to seek further funding and consider alternative solutions like temporary venues for repairs.
Ministry of Justice
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2 Conclusion Accepted
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
Government Response
The government is investing £1.3 billion to transform the justice system, including implementing 21st-century technology and online services, with the reform programme expected to complete by December 2023.
Ministry of Justice
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7 Recommendation Accepted
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
Government Response
The government committed an extra £477 million to the Criminal Justice System to reduce the Crown Court backlog to 53,000 cases by March 2025, and continues to work on the CJS Delivery Data Dashboard to improve transparency and timeliness across the system.
Ministry of Justice
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8 Conclusion Accepted
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
Government Response
The government stated that the existing Better Case Management framework sets reasonable timeframes for Crown Court cases and committed to continuing to improve the CJS Delivery Data Dashboard for monitoring timeliness, but offered no new specific actions for increasing capacity.
Ministry of Justice
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9 Conclusion Accepted
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
Government Response
The government committed to expanding judicial recruitment, increasing maximum sitting days for crime Recorders from 30 to 80 days, and legislating to raise the judicial mandatory retirement age from 70 to 75, as part of efforts to increase court capacity and reduce the Crown Court backlog.
Ministry of Justice
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20 Conclusion Accepted
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
Government Response
The government outlined its ongoing efforts to increase court capacity and efficiency, including maximizing sitting days, judicial recruitment, and increasing the use of part-time judges, without directly addressing the recommendation regarding in-person advocate attendance in Crown Court.
Ministry of Justice
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24 Recommendation Accepted
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
Government Response
The government accepted the recommendation, stating that a key objective of its £1 million investment in magistrate recruitment is to streamline the process, and a revised, online recruitment process has been introduced to reduce application times.
Ministry of Justice
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25 Recommendation Accepted
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
Government Response
The government accepted the recommendation, stating that to understand the impact of increased magistrates' sentencing powers on the Crown Court, they are actively monitoring and assessing relevant court and prison data on a monthly basis.
Ministry of Justice
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27 Recommendation Accepted
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
Government Response
The government accepted the recommendation, confirming that Ministers for Family Justice and Children and Families jointly chair the Family Justice Board to ensure cross-system reforms, and highlighted an £82 million investment for a network of Family Hubs in 75 local authorities to integrate family services and relationship support.
Ministry of Justice
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29 Recommendation Accepted
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
Government Response
The government accepted the recommendation, committing a further £5.1 million to continue the Mediation Voucher Scheme in 2022/23, providing approximately 10,400 vouchers, and is developing a wider reform programme to offer a range of out-of-court options.
Ministry of Justice
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32 Recommendation Accepted
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
Government Response
The government accepted the recommendation, detailing plans to maximise sitting days, provide administrative and staffing support, continue the Reform programme, and highlighted a £324 million investment over three years to improve timeliness in civil and family courts and tribunals.
Ministry of Justice
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33 Conclusion Accepted
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
Government Response
The government accepted the underlying sentiment, detailing plans to maximise sitting days, ensure administrative and staffing support, continue the Reform programme, and highlighted a £324 million investment over three years to improve timeliness in civil and family courts and tribunals.
Ministry of Justice
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Government Response AI assessment · 33 of 20 classified
Accepted 12
Accepted in Part 2
Acknowledged 1
Deferred 18
Total 20 recs + 13 conclusions
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