Judicial Capacity Shortages
Insufficient numbers of judges and staff leading to significant capacity issues and constraints within the court system.
178 items
8 sources
3 inquiries
Strongest theme matches
Mixed across source types and ranked by classifier confidence plus text match strength.
Committee recommendation
100match
#4 - Clarify required family court capacity and plans to resolve judge and social worker shortages.
Shortages in the number of district judges and social workers are contributing to delays, and to significant regional differences in timeliness of resolving cases. There are wide variations in durations of cases; for example, in December 2024, the average duration for public law cases was 24 weeks in Wales but 53 weeks in London (for private law, it...
Matched on
terms: capacity, judicial, shortage
Committee recommendation
96match
#17 - 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 past decisions that have led to a reduction in judicial capacity. Increasing the number of judges is a...
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terms: capacity, judicial
Committee recommendation
92match
#8 - 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 and staff capacity creates a risk when there is always a possibility that the number of cases will...
Matched on
terms: capacity, judicial
Committee recommendation
86match
#22 - Overall capacity requirements for the family justice system caseload remain undefined.
The capacity required to manage the caseload efficiently on a timely basis, both at a national level, and in each part of the country, has not been set out.46 MoJ argued that there is more than enough capacity in the system overall to meet demand, on the grounds that backlogs are reducing.47 However HMCTS has taken some measures...
Matched on
terms: capacity, shortage
Committee recommendation
82match
#9 - Devote sufficient resources to reduce post-conviction sentencing delays and improve judicial capacity
Those convicted but awaiting sentencing are not subject to custody time limits. It is, therefore, all the more important that the Government devotes sufficient resources to reduce delays to sentencing post-conviction. For example, the Government should ensure resources are available for the timely delivery of pre-sentence reports and sufficient judicial capacity to enable judges to sentence defendants as...
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terms: capacity, judicial
Committee recommendation
77match
#31 - Increased asylum refusals place acute pressure on immigration and asylum tribunal system.
People who are refused asylum by the Home Office can appeal the decision in the immigration and asylum tribunal, administered by HM Courts & Tribunals Service (HMCTS). The increased number of refusals brought about by more decisions being made is likely to increase the number of appeals. In June 2023, the National Audit Office reported that the Home...
Matched on
terms: capacity, judicial
Committee recommendation
74match
#21 - Case complexity, administrative landscape, and staff shortages contribute to London court delays.
MoJ and HMCTS told us that cases can take longer in London partly because there are more complicated cases, often with international dimensions. There is also a complicated administrative landscape with 33 different local authorities all doing things differently.44 HMCTS and Cafcass added that shortages in district judges and social workers, especially in London and the Southeast, are...
Matched on
terms: shortage
Committee recommendation
72match
#9 - Forty-Third Report - Reducing the backlog in criminal courts
In the meantime, the Department is relying on using part-time judges (recorders) to provide the additional judicial capacity it needs. It recruited 104 crime recorders in the last recruitment round, and is looking to expand numbers further significantly. The Department told us that currently recorders are not working as many days as it expected, and so is working...
Matched on
terms: capacity, judicial
Committee recommendation
71match
#16 - Public law cases suffer delays from cancelled hearings and excessive hearing numbers.
In public law, 32% of cases had at least one hearing cancelled on the day, which contributes to delays.27 HMCTS told us that the main reason cases are cancelled or adjourned, in over 25% of cases, is non-compliance with what the judge has ordered parties to do. Sometimes this is about staff capacity; for example, the capacity of...
Matched on
terms: capacity
Committee recommendation
70match
#26 - Ministry of Justice received substantial funding to tackle Crown Court backlog and expand capacity.
In the 2021 Spending Review, MoJ received an additional £477 million to support recovery across the criminal justice system, including to help reduce the Crown Court backlog which then stood at around 60,000. MoJ also secured an additional £644 million a year by 2024–25 to expand capacity across courts, prisons and probation services.72
Matched on
terms: capacity
Committee recommendation
70match
#18 - Concerns about judicial independence and potential investigatory hierarchy within the Legacy Commission.
The Government’s plans for an enhanced inquisitorial mechanism through the Legacy Commission are seen by some as an improvement on the system introduced by the 2023 Act. We heard there are concerns, however, that they could lead to a hierarchy in terms of investigative processes and standards for different families depending on the circumstances of their case and...
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terms: judicial
Committee recommendation
69match
#25 - Home Office makes little progress on VAWG prevention, straining criminal justice system capacity.
The NAO found that, to date, the Home Office has made little progress developing measures to prevent violence against women and girls (VAWG).58 The Home Office told us that it expects that reported rates of VAWG will increase initially due to an increase in trust in the system.59 However, stakeholders told the NAO that they were concerned about...
Matched on
terms: capacity
Committee recommendation
65match
#29 - Missed opportunity to fund maximum court sitting days exacerbated backlog
In evidence to the Justice Committee in November 2024, the Lady Chief Justice described how the concordat agreement with MoJ for 2024–25, agreed under the previous administration, had provided for 106,000 sitting days. She reported that in August HMCTS had then said the courts could actually sit up to a maximum capacity of 113,000 days; in light of...
Matched on
terms: capacity
Committee recommendation
65match
#8 - Ministry of Justice introduced various measures to address the Crown Court backlog.
MoJ has previously introduced measures to address the backlog, including those within the 2021 Criminal Justice Action Plan.17 MoJ described current work to manage the Crown Court caseload, including: • Increasing the number of sitting days to 108,500 this year. • Supporting the physical capacity of the courts estate by maintaining Nightingale courts. • Running recruitment rounds for...
Matched on
terms: capacity
Committee recommendation
65match
#14 - 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 capacity of the Crown Court and the wider criminal justice system is required to improve the situation on...
Matched on
terms: capacity
Committee recommendation
64match
#3 - Forty-Third Report - Reducing the backlog in criminal courts
We are not convinced that the Department can recruit enough judges to deliver on its ambition to reduce the Crown Court backlog. Reducing the backlog to 53,000 by March 2025 relies on increasing the number of days that the Crown Court hears cases, from 100,000 in 2021–22 to 105,000 in 2022–23, then 106,500 in both 2023–24 and 2024–25....
Matched on
terms: capacity
Committee recommendation
60match
#9 - HMRC completed significantly fewer tax-related prosecutions during the pandemic years.
Over the two pandemic years, HMRC completed around 1,000 fewer prosecutions for tax-related offences than before the pandemic. In 2020–21 and 2021–22, it concluded just 163 and 236 prosecutions respectively, compared with around 700 a year in the two years before the pandemic.14 HMRC told us that court closures and reduced court capacity during the pandemic affected the...
Matched on
terms: capacity
Committee recommendation
60match
#28 - 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 the family justice system to deal with the growing number of private family law cases. It should also...
Matched on
terms: capacity
Committee recommendation
60match
#10 - Fifty-Second Report - Key challenges facing the Ministry of Justice
Government has also committed additional funding to support the court system to reduce the backlogs, including by making court rooms safe through the installation of plexiglass and introducing 40 Nightingale courts, with plans to increase this by a further 20 courts. It has also brought back into service some court rooms it closed through its court reform programme....
Matched on
terms: capacity
Committee recommendation
57match
#4 - Urgently reduce remand numbers to 2019 levels and publish granular remand population data.
The remand population is at its highest number for 50 years, and the length of time some defendants on remand wait for their cases to be heard is disrupting their lives and their families’ lives, and adding to prison overcrowding. The remand population has increased sharply in recent years, reaching 17,600 in September 2024 (20% of the prison...
Matched on
terms: capacity
Committee recommendation
57match
#14 - Include evaluation of judicial recruitment offer in any County Court review, assessing pay and conditions.
Any review into the County Court must include an evaluation of its judicial recruitment offer. This has to consider pay and progression opportunities, an assessment of the current working conditions, and evaluate the regional recruitment initiatives. (Recommendation, Paragraph 65)
Matched on
terms: judicial
Committee recommendation
56match
#10 - Forty-Third Report - Reducing the backlog in criminal courts
In 2017, the Lammy review into how ethnic minorities are treated in the criminal justice system noted the importance of recruiting a diverse judiciary, and recommended a national target to achieve a representative judiciary by 2025.15 In 2020, the judiciary published its diversity and inclusion strategy to improve the representation of underrepresented groups within the judiciary.16 While discussing...
Matched on
terms: judicial
Committee recommendation
56match
#5 - Set out understanding of ineffective trial causes and required actions to address them.
The proportion of hearings that do not take place on the day they are scheduled (ineffective trials) remains far too high, and there are causes of ineffective trials that MoJ and HMCTS could be more active in addressing now. One in four trials do not take place on the day scheduled. There has been a marginal improvement since...
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terms: capacity
PFD report
53match
Christopher Hutton
Significant backlogs and high demand within Probation services meant a critical court-ordered treatment program for the deceased was not commenced, despite his anxiety to complete it.
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PFD report
53match
Zahra Mohamed
Significant 2-week delays in obtaining and executing Mental Health Act warrants persist due to court and police scheduling issues, increasing the risk of harm to vulnerable patients.
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PFD report
53match
Ronald Bainborough
Protracted 20-day timescales for obtaining and executing Mental Health Act warrants, due to limited court availability and police delays, expose individuals to significant harm before assessment.
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PFD report
53match
Paul Appleby
The absence of a regular Saturday Court Service by the Liaison and Diversion Team, relying solely on an 'On Call' system, raises concerns about potential future deaths.
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Committee recommendation
53match
#3 - Improve data-driven forecasting of Crown Court cases to adapt court system processes.
For some time now, MoJ has been failing to adequately forecast increases in the number and mix of cases being sent to the Crown Court, reducing its ability to plan how the courts system may need to adapt to meet the varying caseload. MoJ carries out modelling to project likely numbers of new cases coming to the Crown...
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classifier match
Committee recommendation
53match
#13 - Civil judiciary no longer an attractive profession, hindering recruitment of high-performing candidates.
While we welcome the recent introduction of location-based advertising for full-time judicial roles, the civil judiciary is no longer an attractive profession. It is vital more is done to attract high performing candidates to the district-bench. (Conclusion, Paragraph 64)
Matched on
terms: judicial
Committee recommendation
52match
#8 - Forty-Third Report - Reducing the backlog in criminal courts
The Department’s plan to reduce the Crown Court backlog to 53,000 cases relies on increasing the number of sitting days from 100,000 in 2021–22 to 105,000 in 2022–23, then 106,500 in both 2023–24 and 2024–25.10 HMCTS told us that it has the court staff that it needs to meet these plans.11 But the Department needs to recruit more...
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classifier match
Committee recommendation
52match
#3 - 3rd Report - The Future of Legal Aid
Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and defence that could compromise the fairness of the criminal justice system.
Matched on
terms: shortage
Committee recommendation
52match
#1 - Increasing remand population and prolonged custody periods pose serious concern
We are concerned by the increasing size of the remand population, and in particular by evidence of the increasing length of time people are spending in custody on remand. Efforts need to be focused on reducing this population and bringing forward the hearing dates of trials. A significant proportion of defendants held on remand will be found not...
Matched on
terms: capacity
Committee recommendation
47match
#18 - 12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system
Delays have a fundamental impact on all those involved in proceedings. The Ministry of Justice and HMCTS should set out what is being done to specifically address delays in the youth justice system and manage any existing backlogs. The Ministry should include details on what the current capacity is in the youth courts, and what plans exist to...
Matched on
terms: capacity
Committee recommendation
47match
#10 - 3rd Report - The Future of Legal Aid
The Committee’s inquiry on court capacity has focused on the Crown Court where the delays are the most acute. In that context, it is imperative that the criminal legal aid system should be structured to facilitate resolution of cases at the earliest possible stage in the process.
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terms: capacity
IMB annual report
47match
Durham (2022)
HMP Durham, a reception and resettlement prison, housed 976 prisoners at year-end, with 61.6% on remand, operating above its certified capacity. The Board commends staff for managing a challenging environment, noting that 93% of prisoners feel safe. Key concerns include persistent overcrowding, the increasing time unsentenced prisoners spend on remand due to court backlogs, and inadequate access to...
Matched on
terms: capacity
PFD report
45match
Frank Ospina
Mismatched healthcare and Home Office interpretations of Rule 35 led to a failure in reporting suicidal intentions, and an inappropriate "closed" visit denied a detainee physical contact and private conversation with family.
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Committee recommendation
45match
#9 - MoJ's ambition to reduce the Crown Court backlog is contingent on the Leveson Review.
When asked about its current ambition for the level of open Crown Court cases, MoJ said that the crucial factor in achieving a reduction in the backlog is the Independent Review of the Criminal Courts (the Leveson Review), which MoJ expects will provide a fundamental assessment of the reforms it can make in the longer term.19 The Lord...
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classifier match
Committee recommendation
45match
#178 - Significant backlog in adjudication process undermines prison discipline and progression model
The significant backlog in the adjudication process, acknowledged by the Prisons Minister, undermines discipline in prisons. While current policy allows governors to balance punishment with support, we received evidence which shows this is not happening consistently. Some prisoners face no repercussions, while others are removed from rehabilitative programmes. The latter approach is completely counterproductive. The Earned Progression model...
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classifier match
Committee recommendation
45match
#25 - Remand prisoners face lengthy custody with limited options due to court backlogs
It is right that the remand population should not be mandated to participate in the regime, as they have not been found guilty. However, due to the length of time remand prisoners are in custody for due to the court backlogs, it is not right that they are spending their time languishing with limited options available to them....
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Committee recommendation
44match
#43 - Launch urgent, comprehensive, root-and-branch review of the County Court by Spring 2026
We recommend an urgent and comprehensive, root-and-branch review of the County Court. This review must be launched by Spring 2026 and encompass recruitment and retention challenges within both the Judiciary and HMCTS, establish a realistic and sustainable plan for future digitisation and capital investment, and explore the future role of artificial intelligence. The overarching goal must be to...
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classifier match
Committee recommendation
44match
#41 - County Court functions as a 'Cinderella service' facing systemic delays and reform failures
The County Court is the ‘Cinderella service’ of the justice system in England and Wales. It is beset by delays as a result of a failed attempt at digital reform, recruitment and retention issues, and a complex and dysfunctional “patchwork” of outdated paper-based and digital systems. (Conclusion, Paragraph 157)
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Committee recommendation
44match
#16 - Include in-depth assessment of County Court recruitment and retention crisis in future review.
A future review must include an in-depth assessment of the recruitment and retention crisis of the County Court, extending the existing discussions regarding HMCTS pay scales to include assessments of current and required workload capacities ensuring any additional resource is effectively allocated where it is needed most. This assessment needs to learn from areas of good practice such...
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classifier match
Committee recommendation
40match
#8 - Mean family law case durations remain high with significant regional variations.
In 2024, the mean durations of public law and private law cases were 36 and 41 weeks respectively, significantly higher than the 27 weeks and 26 weeks on average in 2018.10 MoJ and HMCTS told us that the average duration for private and public law cases has reduced by about three weeks over the last year.11 MOJ stated...
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classifier match
Committee recommendation
40match
#7 - Family justice backlog remains large despite recent decrease from 2021 peak.
Family justice faced rising demand before the COVID-19 pandemic, with public law receipts peaking in 2017 at 19,389, while private law receipts peaked in 2020 at 55,711. The backlog of cases increased by 2021 and cases were taking longer to settle.8 The number of outstanding cases remains large, but has fallen from a peak of 65,743 cases in...
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classifier match
IMB recommendation
40match
Cookham Wood (2021)
An urgent review of court procedures is required, to avoid children enduring long periods in prison while being held on remand – with the potential for at least some of them being found not guilty at the end of their long stay on remand.
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Committee recommendation
40match
#21 - Insufficient UK support for local prosecution of IHL breaches.
We agree with the Government that it is preferable to prosecute suspected breaches of IHL within the jurisdiction where they occurred, but only where there are sufficient resources and guarantees of fair trials. There is more the UK could be doing to support these legal systems. (Conclusion, Paragraph 47)
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Committee recommendation
40match
#9 - Thousands of children's family law cases persist beyond 100-week duration.
In December 2024, there were still over 4,000 children involved in public and private law proceedings which had been open for over 100 weeks.14 MoJ told us that by the end of March 2025, the number of those waiting for over 100 weeks had reduced by 48% for public law and 46% for private law, but did not...
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classifier match
Committee recommendation
40match
#19 - Ministry of Justice still lacks sufficient data on litigants in person's impact on courts
On litigants in person, MoJ acknowledged that its data have not been good enough to understand the impact of LIPs on courts. However, it said that its court reform programme, which included the introduction of a common platform in criminal courts, will allow it to capture data about LIPs and more accurate data on hearing times. We asked...
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classifier match
Committee recommendation
40match
#25 - Dedicated economic crime courts would address complex fraud cases and backlog.
We have heard compelling proposals for dedicated economic crime courts to ensure there are judges with the right skills to oversee what can often be lengthy and sometimes complex cases. This would also help address the backlog in fraud cases, which are not always seen as a priority for listing. We support the steps the Government is taking...
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classifier match
Committee recommendation
40match
#15 - Unbearable HMCTS staffing crisis impedes County Court support and efficient access to justice.
The Committee would like to pay tribute to the dedication and hard work of frontline staff in the County Court. However, the current staffing crisis in HMCTS is untenable, impeding its ability to support County Court users and ensuring efficient access to justice. (Conclusion, Paragraph 74)
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