The criminal court backlog in England and Wales is projected to persist for nearly a decade, even with sweeping reforms including a curtailment of jury trials, according to Ministry of Justice (MoJ) figures released Tuesday.
Justice Secretary David Lammy announced the government would lift the cap on court sitting days in an effort to address the mounting case load, currently exceeding 80,000 cases in the crown court. The MoJ predicts this number will climb to 100,000 by 2028, coinciding with the planned implementation of the overhaul if legislation passes Parliament.
Despite the increased capacity, Courts Minister Sarah Sackman acknowledged that simply adding sitting days will not resolve the crisis. “We cannot sit our way out of the crisis,” she stated, adding that even at maximum capacity, the measures would “barely” keep pace with incoming demand.
The proposed reforms encompass a multi-pronged approach, including increased investment, modernization of court processes, and a shift towards judge-only trials for offenses carrying potential sentences of three years or less. The MoJ estimates these changes will reduce demand on crown court time by almost 20%, but the backlog will not fall to pre-Covid levels until 2035.
Lammy, who was appointed Lord Chancellor, Secretary of State for Justice and Deputy Prime Minister in September 2025, has emphasized the necessity of these changes, warning that without them, the backlog will increase exponentially. He also signaled a major technological shift within the court system, with a focus on expanding remote hearings for preliminary proceedings.
The government plans to implement a new digital national listing model and an AI-powered tool to predict trial lengths and optimize courtroom allocation. “Blitz courts,” dedicated to processing similar cases efficiently, are also planned.
The proposed changes have sparked opposition within the Labour party. MP Karl Turner stated that approximately 60 Labour MPs are prepared to rebel against the proposals, asserting the importance of the right to a trial by jury. “We will NOT allow this government or any government of any political persuasion to do away with the right to a trial by jury,” Turner posted on X.
Sackman defended the reforms, stating they are based on “pragmatism but also principle,” and aim to prioritize the needs of victims. The reforms will also involve a triage system for cases, potentially redirecting more defendants to magistrates’ courts and altering a defendant’s ability to choose the location of their trial.
The government has allocated £2.7 billion in funding for courts and tribunals for the coming year, an increase from £2.5 billion the previous year. The Criminal Bar Association welcomed the lifting of the cap on sitting days as a “brave and significant first step,” but stressed the need for continued investment in legal professionals.
