Suspected criminals will be forced to spend longer behind bars to help courts backlog, Justice Secretary announces
Suspected criminals charged with serious sexual and violent offences are to be held in custody for up to an extra two months before their trial under an emergency plan to help reduce the courts backlog.
Robert Buckland, the Justice Secretary, is to change the law to lengthen the time that defendants can be held before a trial – known as the Custody Time Limit - from the current maximum of 182 days to 238 days.
The move will cover offences deemed serious enough to merit a crown court trial and will include those suspected of violent or sex crimes.
There are more than 500,000 cases yet to be heard in the magistrates or crown courts, an increase of some 100,000 since the Covid-19 pandemic forced the suspension of trials and closure of many courts.
Lawyers claim cases are being delayed a year with some more than two years, raising fears that victims and witnesses could lose faith and drop out of prosecutions while defendants are being left in limbo.
Courts have prioritised serious offences rather than have to release potentially violent defendants into the community because their custody time limit has passed. This has led to even longer waits for those charged with less serious offences after being released on bail.
Lawyers’ and human rights’ groups are expected to challenge the proposals for lengthening the time in custody of potentially innocent defendants.
However, Mr Buckland said: “Throughout the pandemic this government has taken the necessary steps to protect the public while ensuring that justice continues to be delivered.
“This temporary extension to custody time limits will keep victims and the public safe, and we should not apologise for making that our priority.”
Only for serious offences
The legislation is expected to come into force on September 28 and will apply to anyone who is arrested and remanded for an offence deemed serious enough for a Crown Court trial after that date. The new custody time limits will remain in place for nine months.
Mr Buckland also announced £80 million to fund a series of measures to boost capacity across criminal courts in an attempt to reduce the backlog..
This will include employing 1,600 new court staff, setting up more temporary “Nightingale” courts in public buildings to fulfil social distancing, a further rollout of video technology for remote trials, and physical changes to courts to minimise risk, such as the introduction of plexiglass barriers.
Mr Buckland is also looking to introduce more flexible sittings of courts, where there would be longer morning and afternoon with different judges or magistrates panels to handle more cases in a single day. This, though, is facing opposition from many lawyers.
However, Mr Buckland said: “The measures I have announced will get the criminal courts system back to where it needs to be – reducing delays and delivering speedier justice for all.”
Lord Burnett, the Lord Chief Justice, said: “This plan is an important document which gives a clear path towards recovery as the judges and magistrates, in partnership with HM Courts Service, the Ministry of Justice and many others, strive to ensure that cases are heard as soon as possible in the public interest and the interests of all those involved in the criminal process.”
