Victims of crime could be left waiting for years for justice after Dominic Raab admitted he did not know how long it will take to get through the backlog of the most serious court cases.
In an interview with Sky News, the justice secretary said he “couldn’t say with precision” when the backlog of more than 60,000 crown court cases in England and Wales will return to the level it was at before the pandemic.
He suggested it could be up to a year before it starts to fall, and did not deny that it might take seven or eight years to clear it.
Image: Dominic Raab said he cannot say ‘with precision’ when the backlog will be cleared
Mr Raab conceded that victims of crimes, particularly rape and sexual offences, have suffered “the extra anguish and ordeal of this wait in limbo” and said it was his top priority to ensure swifter justice.
He also rejected the idea – put forward by previous Conservative justice secretaries – that short sentences should be replaced by community service. Describing that approach as “just letting people off”, he said it was not a route he would go down as it would “not instil public confidence”.
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He also said it was “inconceivable” the prison population, currently around 81,000 in England and Wales, would fall on his watch unless crime fell, and that he would focus on using offenders’ time for job training.
Mr Raab will today announce the opening of a £2.7m new “super courtroom” in Loughborough, the second of its kind in the UK, in which up to 12 defendants can sit in the dock. Another in Manchester opened last month.
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Alleged crimes including gang violence and country lines drug running account for about a fifth of the backlog because social distancing rules have stopped them going ahead.
A nine-defendant murder trial begins in the new courtroom this week. Mr Raab said that using these facilities instead of multiple courtrooms for hearings would free up space for an extra 250 other cases a year.
Image: Jury trials were stopped between March and May last year
The crown court backlog stands at 60,292, according to the latest Ministry of Justice figures from the end of June, compared with 41,045 in March 2020 when the pandemic began – a 48% rise.
Despite a £1bn increase in funding for court backlogs over the next three years, secured in last month’s Spending Review, it is expected this will only reduce the backlog to 53,000 by 2024.
Mr Raab said: “We’ve started to see the backlog stabilise. I can’t tell you with any precision exactly when we’ll get back to pre-pandemic levels. But I’m confident that within six to 12 months at the very latest we will start getting the backlog coming down.
“That is the 15% of the most complex cases that go through the Crown Court, which because of the pandemic and the rules on social distancing applying to things like jury trials, we couldn’t run safely and responsibly in the way that we would in normal times.”
Asked twice whether it could take seven or eight years to get the backlog down, he said: “We’ll go just as fast as we can. We’ve got to use technology; we’ve got 13,000 cases every week that are using some form of video technology.”
Image: Peterborough Cathedral is one of dozens of Nightingale Courtrooms
Sky News visited Peterborough Cathedral, one of dozens of Nightingale Courtrooms which were opened during the pandemic – of which 32 are still operating to help with the backlog. The court, which can hear family cases and criminal cases which do not require security, does not sit full-time.
COVID saw the shutting down of jury trials between March and May last year, but the justice system has also suffered from years of spending cuts, losing a quarter of its budget since 2010.
Mr Raab said he did not accept there was a shortage of funding for lawyers and judges, which the Criminal Bar Association said had exacerbated “interminable waits for justice”.
He said: “I’ve secured pretty much a record increase in funding for justice in the spending review for the next three years, and I look forward to delivering.”
Image: The court at Peterborough Cathedral does not sit full-time
Sky News spoke to “Lisa”, who does not want to be identified, about reporting a sex offence she suffered as a child – only to wait three years for the perpetrator to be jailed, with three trial dates and various other hearings cancelled.
At one point she drove 100 miles to attend a court hearing which was cancelled due to COVID – and had to relive her testimony on video before each hearing.
“I felt like I was serving a prison sentence,” she said. “I haven’t been able to do my job for long periods of time. It has destroyed my personal life.”
She added: “I was going to move house; that hasn’t happened. I was planning to adopt; that hasn’t happened. Everything has been put on hold because I didn’t want this man to do what he did to me to someone else.”
Mr Raab said: “It’s not just the delay – and justice delayed is justice denied – but that process is very traumatic.
“That’s why we are bearing down on the backlog. It’s my number one priority to get the backlog down to give justice to victims.”
Rachel Reeves has refused to rule out breaking her manifesto pledge not to raise certain taxes, as she lays the groundwork ahead of the budget later this month.
Asked directly by our political editor Beth Rigby if she stands by her promises not to raise income tax, national insurance or VAT, the chancellor declined to do so.
She told Rigby: “Your viewers can see the challenges that we face, the challenges that are on [sic] a global nature. And they can also see the challenges in the long-term performance of our economy.”
She went on: “As chancellor, I have to face the world as it is, not the world as I want it to be. And when challenges come our way, the only question is how to respond to them, not whether to respond or not.
“As I respond at the budget on 26 November, my focus will be on getting NHS waiting lists down, getting the cost of living down and also getting the national debt down.”
‘Each of us must do our bit’
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Ms Reeves’s comments to Rigby came after a highly unusual pre-budget speech in Downing Street in which she set out the scale of the international and domestic “challenges” facing the government.
What did Labour promise in their manifesto?
Rachel Reeves has refused to say whether she will hike taxes, but what exactly was her manifesto commitment last year?
She said: “We will ensure taxes on working people are kept as low as possible.
“Labour will not increase taxes on working people, which is why we will not increase national insurance, the basic, higher, or additional rates of income tax, or VAT.”
She also hinted at tax rises, saying: “If we are to build the future of Britain together, each of us must do our bit for the security of our country and the brightness of its future.”
Despite her promise that last year’s budget – which was the biggest tax-raising fiscal event since 1993 – was a “once in a parliament event,” the chancellor said that in the past year, “the world has thrown even more challenges our way,” pointing to “the continual threat of tariffs” from the United States, inflation that has been “too slow to come down,” “volatile” supply chains leading to higher prices, and the high cost of government borrowing.
She also put the blame squarely on previous Tory governments, accusing them of “years of economic mismanagement” that has “limited our country’s potential,” and said past administrations prioritised “political convenience” over “economic imperative”.
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Sky’s Beth Rigby said there will be ‘almighty backlash’ after budget, as chancellor failed to rule out breaking tax pledges.
Ms Reeves painted a picture of devastation following the years of austerity in the wake of the financial crisis, “instability and indecision” after that, and then the consequences of what she called “a rushed and ill-conceived Brexit”.
“This isn’t about re-litigating old choices – it’s about being honest with the people, about the consequences that those choices have had,” she said.
‘I don’t expect anyone to be satisfied with growth so far’
The chancellor defended her personal record in office so far, saying interest rates and NHS waiting lists have fallen, while investment in the UK is rising, and added: “Our growth was the fastest in the G7 in the first half of this year. I don’t expect anyone to be satisfied with growth of 1%. I am not, and I know that there is more to do.”
Amid that backdrop, Ms Reeves set out her three priorities for the budget: “Protecting our NHS, reducing our national debt, and improving the cost of living.”
Cutting inflation will also be a key aim in her announcements later this month, and “creating the conditions that [see] interest rate cuts to support economic growth and improve the cost of living”.
She rejected calls from some Labour MPs to relax her fiscal rules, reiterating that they are “ironclad,” and arguing that the national debt – which stands at £2.6trn, or 94% of GDP – must come down in order to reduce the cost of government borrowing and spend less public money on interest payments to invest in “the public services essential to both a decent society and a strong economy”.
She also put them on notice that cuts to welfare remain on the government’s agenda, despite its humiliating U-turn on cuts to personal independence payments for disabled people earlier this year, saying: “There is nothing progressive about refusing to reform a system that is leaving one in eight young people out of education or employment.”
Image: Chancellor Rachel Reeves delivered a highly unusual pre-budget speech from Downing Street. Pic: PA
And the chancellor had a few words for her political opponents, saying the Tories’ plan for £47bn in cuts would have “devastating consequences for our public services,” and mocked the Reform UK leadership of Kent County Council for exploring local tax rises instead of cuts, as promised.
Concluding her speech, Ms Reeves vowed not to “repeat those mistakes” of the past by backtracking on investments, and said: “We were elected to break with the cycle of decline, and this government is determined to see that through.”
‘Reeves made all the wrong choices’
In response to her speech, Conservative shadow chancellor Sir Mel Stride wrote on X that “all she’s done is confirm the fears of households and businesses – that tax rises are coming”.
He wrote: “The chancellor claims she fixed the public finances last year. If that was true, she would not be rolling the pitch for more tax rises and broken promises. The reality is, she fiddled the fiscal rules so she could borrow hundreds of billions more.
“Every time the numbers don’t add up, Reeves blames someone else. But this is about choices – and she made all the wrong ones. If Rachel Reeves had the backbone to get control of government spending – including the welfare bill – she wouldn’t need to raise taxes.”