The Crown Court backlog “open caseload” measured by @HMCTSgovuk hit record levels in January 2024. @TheCriminalBar

The Crown Court backlog “open caseload” measured by

hit record levels in January 2024 of 66,468 A rise of nearly 1,000 in 1 month As a near record 858 fewer backlogged cases were “disposed” than “receipts” of new cases 10,603 in 9745 out We have insufficient specialist criminal barristers to prosecute and defend a whole range of serious alleged offences as they come to trial ranging from cases involving serious violence and sexual offences including rape and those associated with domestic violence, to drugs or fraud offences. The independent Criminal Bar is working over capacity while Government stalls over addressing its set fee imbalances that in particular leave

critically short of prosecution advocates. Those criminal barrister shortages are worsening by the week. Cases ready for trial are regularly postponed this year because of a shortage of prosecution or defence counsel on the day – there are none spare as they are busy on other backlogged trials – with new trial dates often for mid to late 2025. RASSO trial dates are being given for 2026 across courts in the Midlands and South East for police-reported allegations sometimes back to 2019/20. Those criminal barristers who are committed to these complex, highly demanding rape and serious sexual offence (RASSO) and other violence cases – on hours and emotional resources – are working side-by-side with a dedicated, similarly over-worked, public-minded judiciary, against the odds to keep the criminal justice system going on behalf of the State, helping complainants and representing defendants in their hour of need. The onus is on Government to help criminal barristers stay doing what they want and choose to do for the public. In 2 weeks

will publish final audited figures to end December 2023. They tend to record up to 2,000 cases more in its “outstanding” measures of case backlogs. Last December

recorded the September 2023 backlog as a then 23 year record high of 66,547. 109 sexual offence ready-to-start trials were adjourned “ineffective” on the day during the 12 months to 30 September 2023 because no prosecution barrister was available, including 24 trials of rape. For rape trials 4 years earlier that NEVER happened. Trial dates are pushed back again many months. That’s a 27-fold rise on the just 4 sexual offence trials adjourned due to a prosecution advocate shortage-on-the-day – delayed on the day – in the 12 months to September 2019. Zero rape trials were adjourned during that same 12 month just over 4 years ago due to prosecution advocate shortages. But we still have insufficient specialist criminal barristers to prosecute and defend rape and serious sexual offences. We await Government’s response to address upwards the ongoing inadequate brief fees for criminal barristers on a range of serious sexual offences and in particular those lower set fees paid to prosecution counsel by

, to show ministers are serious about caring for the victims of crime left in perpetual traumatic delay wondering if a trial can ever start as there are no more prosecution advocates left able and willing to do this vitally important public work.

Source: http://@TheCriminalBar


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