EditorSolicitors Journal

Justice backlog: MPs have little confidence in MoJ

Justice backlog: MPs have little confidence in MoJ

The MoJ has lost its way – that’s the underlying message from a damning report from MPs

The Ministry of Justice (MoJ) has lost its way – at least, that’s the underlying message from a damning report from MPs highlighting key deficiencies in how the justice backlog is being approached.

In a report published today, MPs on the public accounts committee said they have “little confidence” in MoJ plans to reduce the case backlog, particularly in the criminal justice system.

In the week ending 21 February 2021, there were 56,875 outstanding cases in the crown courts and 476,932 in the magistrates’ courts.

But neither the MoJ, under Robert Buckland’s watch since 2019, nor HM Courts and Tribunals Service (HMCTS) could tell the committee what would be considered an ‘acceptable’ level of outstanding caseload. It was therefore unclear to the committee what the MoJ was aiming for in terms of plans to reduce the backlog. 

MPs said the impact of “unacceptably long waiting times” and delaying access to justice on victims and witnesses is “abundantly clear”. 

The report also concluded that the MoJ has no clear sense of prioritisation, despite significant risks across the justice system. It was also relying too much on technology to manage increased demand in the court system, with no clear understanding of how the rapid expansion of remote justice impacts on court users or justice outcomes.

The committee challenged the MoJ to set out its plans in writing, within a month, with clear projections and timeframes as to how it intends to reduce the case backlog. It also wants the MoJ to set out contingencies in the event of difficulties hampering its modernisation programmes. 

Both the MoJ and HMCTS were also criticised for lacking a grip on the data needed to understand how effective the court reform programme is and its impact on users. 

“This is particularly worrying”, states the report, “given our past recommendations and those published in the 2019 Digital Justice Report the Ministry itself commissioned.” Though the MoJ accepted all the recommendations, no tangible progress appeared to have been made.

MPs were also concerned at the clear strain frontline court users are under. It recommended that the MoJ, HMCTS and Her Majesty's Prison and Probation Service (HMPPS) should work with relevant professional bodies with a view to supporting and monitoring staff through to the end of the pandemic.

The report noted that while the major programme of building new prisons is underway, it is threatened by an eye-watering maintenance backlog of around £1 billion 

Notwithstanding recent cash injections, the committee said the MoJ’s long-term funding position remains uncertain, hampering its ability to make credible plans to address the risks it faces.

Though it welcomed the report, the Law Society said it shared many of the committee’s concerns, including the MoJ’s over-reliance on technology as a solution without having a clear understanding of the impact of remote justice.

The Society’s president I. Stephanie Boyce, said: “The backlogs pre-date the pandemic, but have been seriously exacerbated by it, and the committee is correct to wonder what the government thinks an acceptable backlog of outstanding cases is.”

She added: “The lord chief justice has also pointed out that technology can ‘have the effect of slowing down work’ and we believe that a thorough investigation into the effect of remote justice on court users and justice outcomes is required before its widespread adoption.”

“More evidence is needed before sweeping moves to adopt technology, as proposed in the Police, Crime, Sentencing and Courts Bill, are set in stone”, added Boyce.
 

AdvertisementAdvertisementAdvertisementAdvertisementAdvertisementAdvertisement
Latest News

UN and coalition of NGOs write to Unilever to voice deep concern regarding victims of violence at Unilever tea plantation

Tue Sep 26 2023

Live Facial Recognition: How to Stay Within the Law

Tue Sep 26 2023

Ethics Institute launches taskforce to examine legal services to oligarchs and kleptocrats

Mon Sep 25 2023

Legal Departments See Higher Matter Volumes but Flat or Declining Budgets: Thomson Reuters 2023 Legal Department Operations Index

Mon Sep 25 2023

More Than 200 Employers Named And Shamed For Failing To Pay National Minimum Wage

Mon Sep 25 2023

Browne Jacobson collaborates with LGiU on report highlighting “critical” role of local government to hit net zero

Fri Sep 22 2023

BSB publishes new guidance on barristers’ conduct in non-professional life and on social media

Fri Sep 22 2023

The Chancery Lane Project expands to the USA

Thu Sep 21 2023

Delay in Final Report of the Infected Blood Inquiry

Thu Sep 21 2023
FeaturedThe Pre-Action Protocol review final report – full steam ahead?
The Pre-Action Protocol review final report – full steam ahead?
New report highlights the transformative effects of domestic abuse training on family lawyers
New report highlights the transformative effects of domestic abuse training on family lawyers
Asylum seekers stranded on Diego Garcia win challenge against return to Sri Lanka
Asylum seekers stranded on Diego Garcia win challenge against return to Sri Lanka
A solicitor’s stance on EDI in the workplace
A solicitor’s stance on EDI in the workplace
SJ Interview: Hannah Ambrose
SJ Interview: Hannah Ambrose
Whose human rights are more important, yours or mine?
Whose human rights are more important, yours or mine?