Warning court backlog may take years to clear

One of the county’s leading lawyers has warned the delays were having a significant impact on defendants, witnesses and victims.

New figures from the Ministry of Justice show there were 457 outstanding cases at Shrewsbury Crown Court at the end of December, compared to 271 the year before. That represents an increase of 68.6 per cent.

The number had also increased by 24.2 per cent compared to the end of December, and the figures do not take into account the effect of the present lockdown, which began in January.

Telford-based solicitor John McMillan said the figures did not surprise him, and added the delays were difficult for both defendants and victims of crime. He said there was also a risk delays could have an effect on the outcome of cases.

A parliamentary report has warned of a crisis in the courts system as a result of the pandemic.

It said there was a backlog of cases that would take years to clear. The Lords Constitution Committee called on the Government to set out urgent plans, including new funding, to stop public confidence in the justice system being undermined.

Mr McMillan, of White, McMillan and Bennett, said the backlog was a growing problem affecting both crown and magistrates courts.

“It doesn’t surprise me, it’s been building up for quite a long time,” he said. “We’ve seen cases being put off, we are now seeing trial dates being set for August in the magistrates courts.

“I don’t really know what the answer is, there aren’t enough courts. Many of the courts have shut, and there is a need for social distancing. It’s likely to continue. I know the Ministry of Justice is doing what it can.”

Mr McMillan said this was particularly hard on defendants who were remanded in custody prior to their trials.

“If their custody time limits are extended, then that is bad news for them, but there is also an impact on witnesses who are waiting to give evidence.”

Mr McMillan said it could also affect people’s willingness to testify in court, if cases were delayed for long periods of time.

“I can’t give a specific example, but if people are worried about giving evidence, it is much easier if they can get it done with quickly than if they are being made to wait for months and months,” he said.

The figures show the situation in Shropshire to be worse than the rest of the country. Across England and Wales, the number of outstanding crown court cases swelled to 56,827 in December – up 11 per cent compared to September and 49 per cent higher than the same point the previous year.

However, the number of cases dealt with during December itself was close to pre-pandemic levels as courts attempted to clear the backlog.