Yahoo Finance UK Election: Criminal justice system at the point of no return. Where is the outrage?
The British criminal justice system is nearing collapse, plagued by backlogs, overcrowded prisons, budget cuts, and barrister strikes.
As highlighted in City A.M.’s first part of its coverage, the criminal justice system isn’t a priority in the General Election despite this crisis.
This indifference stems from a lack of understanding of the justice system’s mechanics and the misconception that it only affects “bad people.”
In addition, the public’s concern is minimal. Still, the system’s flaws will become personal when crime impacts individuals directly, highlighting the urgent need for reform and attention to this critical issue.
So what are the problems?
2010-present day: Criminal justice cuts
Between 2010 and 2020, over half of the Magistrates’ courts in England and Wales were shut down.
According to the House of Commons Library, this means 164 out of a total of 320 courts are no longer in use.
A recent damning report by the National Audit Office (NAO) laid bare the scale these cuts have had on the system. The report declared that it now takes, on average, 683 days from an offence being committed to a case being completed at the Crown Court, and it’s 279 days for the Magistrates’ Courts.
The report also highlighted there are currently 67,573 outstanding caseloads at the Crown Court in 2023, a 78 per cent increase on the 2019 figures.
Earlier this year, a report highlighted that the Ministry of Justice (MoJ) “achieved” its aim of significantly reducing legal aid spending, cutting the bill down by £728m.
That report showed that spending on legal aid has dropped by 28 per cent, from £2.58bn in 2012/13 to £1.86bn in 2022/23.
At the same time, the MoJ aimed to reduce the Crown Court backlog of 67,573 cases to 53,000 by March 2025.
However, the backlog has become so bad that the NAO had to say that the government’s targets to cut it were no longer achievable.
Even the prisons are a mess, so much so, the government had to take a measure known as ‘Operation Early Dawn’ last month.
Prison staff have been asked to make an assessment each morning on which prisoners can be transferred from police cells and taken to courts to ensure a safe and secure location if they are remanded in custody.
The government’s main line to go on is to blame the Covid-19 pandemic for the backlog, as the majority of courts were closed for a sufficient amount of time.
Simon Spence KC of Red Lion Chambers pointed out: “Government was always quick to blame Covid and barristers’ direct action for the backlog in the courts, but this overlooks the fact that both ended nearly two years ago now.”
“Since then, the courts have not been sitting to their maximum capacity, and the backlog has increased, not decreased,” he added.
David Claxton, a barrister at Red Lion Chambers, highlighted that public trust in the criminal justice system can be measured by their confidence in convictions.
However, as he noted, the criminal justice system is facing a crisis of confidence. “From the Police to the prisons, via the courts, decades of underinvestment have broken each stage of the system,” he added.
Lawyers jumping from the fire
While all this was happening, the number of criminal-focused barristers dropped like flies.
The Criminal Bar Association (CBA) revealed in 2022 that nearly 300 barristers walked away from their criminal practice in 2021 alone, highlighting that the rate of attrition is speeding up.
A huge reason for this is their salary. “Many defence lawyers are living just about month-to-month,” Umar Zeb, senior partner at J D Spicer Zeb, said.
So much so that criminal barristers went on strike for much of the Summer in 2022 over legal aid fees.
At the time, the CBA detailed that barristers, in the first three years of their careers, earned a median pre-tax profit of £12,200.
Zeb noted that legal aid for over 90 per cent of cases is not profitable, noting that “the vast majority of defence lawyers are poorly paid and work very hard.”
The strike action saw the CBA originally call for a 25 per cent hike, but the parties settled and ended the action that October for a 15 per cent increase to their fees.
However, as Spence KC stated: “The fee increase for barristers eventually wrung out of an unwilling government has been gobbled up by rising inflation.”
Zeb highlighted that as defence lawyers are so “poorly paid”, he noted “it is impossible to recruit young solicitors” as he noted lawyers at most firms are over 50, with some having several lawyers aged over 65 and as old as 75, “if not more”.
Calls grow for urgent criminal justice reform
Tom Franklin, chief executive of the Magistrates’ Association, explained that in recent years, the government has tended to make knee-jerk decisions in reaction to whatever the latest crisis point is, which, as he pointed out, only makes things worse elsewhere in the system.
“What is needed is a fundamental review of the whole system, from end to end, bringing together all of the key organisations involved, and a proper investment in the criminal justice system,” he stressed.
“The speeches and talking need to stop,” stated Rojin Tasman, an associate at Britton and Time.
She stated that “we need to actually see movement, progress and action.” She added that “innocent lives are now at risk due to failings of the authorities who have slept on the criminal justice system for far too long.”
Tana Adkin, chair of CBA, pointed out that “whatever government is elected, we hope that there will be a plan for investment rather than cuts to the justice system, which is fundamental to a free society.”
“The public are entitled to a justice system that is efficient, can be trusted and which is seen promoting the rule of law across the globe,” she warned.
Adkin expressed that we live in difficult times, so the rule of law and the justice system should be prioritised and delivered.
“Whilst there may be more votes for politicians in supporting health, defence and education, a justice system that works properly for victims and defendants alike is vital if we are to be a civilised, modern society,” Spence KC added.
So what are the proposals by the main parties on the criminal justice system?
Labour vs. Conservative promises
On 13 June, the Labour Party revealed its manifesto, which included key commitments in the justice space under its ‘Take back our streets’ section.
Labour has laid out plans to reduce court backlogs, enhance prosecution resources, and adhere to the European Convention on Human Rights. They’ve proposed significant property law reforms and closer EU trade relations.
While the Conservative Party, which released its manifesto on 11 June, outlined a pledge to expand legal aid at inquests, there was little to address the pressures on criminal and civil legal aid.
The Tories outlined its aim to expand legal aid at inquests, sustain Nightingale courtrooms, and support digital court processes. Its manifesto focused on reforms in the police and justice system and international trade.
It did note that it “will cut the COVID court backlog.” However, as outlined in this feature, the backlog under its watch has actually gotten worse.
Whatever the next government looks like, from July 4, the justice system strongly feels that the criminal justice system must be a priority.
It’s already too late. The country will be on its knees if there are any more delays.
