Background

In December 2023, the Crown Court backlog reached its highest ever level, exceeding the level reached during the COVID-19 pandemic. The Ministry of Justice (MoJ), headed by the Lord Chancellor, is accountable to Parliament for the efficient and effective functioning of the courts. One of its three priorities is to deliver swift access to justice.

His Majesty’s Courts & Tribunals Service (HMCTS), an executive agency of the MoJ, provides the system of support, including infrastructure and resources, for administering criminal, civil and family courts in England and Wales, and tribunals nationally. The judiciary, headed by the Lady Chief Justice, is constitutionally independent from government.

Scope

This investigation follows our 2021 report, Reducing the backlog in criminal courts. Unlike that report, it will cover the Crown Court only, and not the magistrates’ courts.

The report will examine what action the MoJ has taken and whether it and HMCTS are well placed to address the growing backlog of cases in the Crown Court. It will look at:

  • the scale, nature and impact of the Crown Court backlog
  • the MoJ’s and HMCTS’s understanding of the impact of actions to reduce the Crown Court backlog since we last reported
  • how the MoJ and HMCTS are attempting to manage the Crown Court backlog

NAO Team

Director: Lee Summerfield
Audit Manager: Andy Whittingham