Courts crisis laid bare as some new trials not due to start until mid-2027

Lawyers have warned of the “implosion” of the criminal justice system, as they revealed that some trials are now being scheduled as far away as September 2027.

The Independent has been told of numerous trials involving bailed defendants accused of serious sexual and violent crimes not due to start for well over two years – even before facing any of the last-minute delays frequently blighting the crown courts, often setting trials back further by months and leaving victims waiting for justice.

Experts warned that trials involving suspects who have been refused bail are frequently being scheduled for late 2025, far beyond the intended six-month remand period, serving to fuel the overcrowding crisis in prisons – where the population of such inmates is at a record high.

Warning that one of his clients was last month given a trial date in April 2027, leading criminal barrister Maximillian Hardy said: “The courts have become a hoarder’s house and you can’t even get over the threshold any more. This is not justice delayed: it’s justice drowned.”

While a data error has prevented the government from publishing statistics on the crown courts’ performance for the past six months, experts say the number of trials backlogged in the system is now likely at a record high, in excess of 70,000 cases – up from fewer than 33,000 in 2019.

With trials often subject to further last-minute delays after being scheduled, figures previously obtained by this publication suggested the number of cases waiting more than three years for a verdict had soared at least sevenfold since 2019 to exceed 1,280 last June.

And further analysis by The Independent found that a record 134 rape cases were among the 5,776 trials waiting more than two years as of September, compared with just 10 rape cases out of the 344 hit by the same length of delay in 2019.

Criminal Bar Association analysis found the average time for a rape trial, from a bailed suspect being charged, soared 80 per cent in the past five years to hit 555 days last year.

Sam Townend KC, chair of the Bar Council, warned that if ministers “are to have any chance of reducing the court backlogs and achieving swift justice”, they must allow the courts to run at full pelt by removing the cap on judges’ sitting days, which is “causing delays and concern in courts up and down the country”.

“It is of concern, although unfortunately not surprising, that trials are now being routinely listed for 2027,” added Mr Townend, warning that “justice delayed is often justice denied” as victims, defendants and witnesses “cannot get on with their lives until the serious criminal case is tried”.

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Criminal barrister James Oliveira-Agnew said it was a “very troubling situation” that leaves “witnesses and defendants having to recall events so far in the past”, also warning that cuts to judges’ sitting days will merely lead “to longer and longer dates for trials”.

Expressing concern “that bail cases are being pushed so far away due to the issue in prisons”, he added: “It might be asked whether this is a higher policy decision to try and ease the prison crisis.”

Lisa, not her real name, first reported the sexual abuse she suffered as a child back in June 2020. After a plea hearing in April 2021, her trial was scheduled for February 2022. But, with no explanation, it was pushed back until the following February and, after yet another delay, was not heard until December 2023.

She suffered two miscarriages during this time, both of which she believes were caused by the extreme stress of the looming trial and repeated delays. Her second miscarriage came just days after she was subpoenaed to give evidence in court, despite requesting to pre-record her testimony.

“The court process and the continuous delays were just as traumatic as the abuse that I suffered,” she said. “I lost the opportunity to enjoy motherhood to my two beautiful children and sadly lost my beautiful baby boy. It seems as though all I have experienced is loss after loss due to the lengthy court process.”

With the weight of the looming trial “tainting” any happy occasions such as birthdays, Lisa said she was “constantly nervous to hear of yet another delay”.

Simon Spence KC, of Red Lion Chambers, who chairs two local barrister associations in southeast England, warned that trial dates being scheduled a year in advance is now “by no means uncommon”. In recent days, he said, listings of cases for 2027 have been widely reported by lawyers.

Warning that it cannot be in the interests of anyone affected by the criminal justice system “to endure such appalling waiting times”, he added: “If the new government wants to be judged on its record, in respect of justice at least, it needs to give urgent attention to reducing the backlog.”

A Ministry of Justice spokesperson said: “The criminal justice system is in crisis – evidenced by the significant Crown Court backlog which is having a devastating impact on the wait for justice.

“While listing remains a matter for the independent judiciary, we are committed to reducing the number of outstanding cases and bringing down waiting times for victims.”