Crown court docket backlog jumps 9 per cent in a 12 months to new document of slightly below 80,000 instances

The backlog of cases in the Crown court has rocketed to just under 80,000, new government figures show.

The Ministry of Justice (MoJ) said there were 79,619 cases waiting to be dealt with in the senior courts in England and Wales at the end of September.

It was up nine per cent from 72,849 a year earlier. 

And the backlog in the magistrates’ courts – which deal with less serious offences – has also hit a new high of 373,040, up 17 per cent on the previous year.

The system-wide backlog will intensify the problems faced by Justice Secretary David Lammy, who has published plans to slash the historic right to jury trial.

Under his highly controversial measures the number of jury trials will be cut in half.

Among the cases that will no longer be decided by a jury, about 2,500 trials a year would be heard by a judge sitting without a jury and about 5,000 would be dealt with by magistrates.

However, the new surge in the magistrates’ court backlog in today’s figures will raise new questions about how transferring cases there would help reduce the overall backlog. 

Justice Secretary David Lammy has pinned his hopes of addressing the backlog on slashing the historic right to jury trial, while barristers claim he should simply open more courtrooms

In the Crown court the backlog of trials for sexual offences has soared by 23 per cent and robbery cases by 13 per cent, the MoJ data showed.

Victims of crime are now waiting much longer for trials to begin.

The number of Crown court cases that have been in limbo for more than a year has now passed 20,000 for the first time, the MoJ figures said.

There were 20,155 that had been open for a year or more, up by 25 per cent since the previous September. They now account for 27 per cent of all cases. 

Mr Lammy justified his proposals in the Commons earlier this week by insisting cutting back jury trial was necessary to free up court space to try rape and sex assault cases.

Riel Karmy-Jones KC, chair of the Criminal Bar Association, said: ‘This Government must stop weaponizing the victims of serious sexual offences caught up in the backlog by claiming that the proposals to restrict jury trial will bring them swifter justice.

Ministry of Justice data said there were 79,619 cases waiting to be dealt with in the Crown courts – such as the Old Bailey, pictured – at the end of September

‘It won’t, and to say it will is simply not right, nor is it fair to them to give them that false hope and expectation.

‘However, the MoJ could reduce delay today by opening up more courtrooms.

‘At the moment, available court rooms are kept shut, and the prison population is being driven to breaking point – not with convicted prisoners, but with thousands of people accused, who are still waiting for their trials.’

She added: ‘We don’t need dramatic gestures that pose as solutions. We don’t need short cuts. Or gimmicks. Or judge-only trials.

‘We need court rooms that function, with ordinary people serving on juries, fulfilling their civic duty, and delivering justice by deciding fairly whether to acquit or convict.’