- Backlog of trial cases.
- Barrister shortage.
- Focus on rape cases.
The departing director of public prosecutions issues a warning about an unprecedented backlog of pending trial cases.
Max Hill KC, in his departing role as director of public prosecutions, has issued a caution regarding an extraordinary backlog of pending trial cases.
The Crown Prosecution Service (CPS) faces an overwhelming workload.
Mr. Hill highlighted the challenges of finding enough barristers to preside over court cases.
Rape victims are urged to trust prosecutors, although their cases are receiving secondary attention.
During Mr. Hill’s term from 2018 to the present, the criminal justice system encountered exceptional challenges due to budget cuts, pandemic-induced court closures, and subsequent strikes by criminal defence barristers over government legal aid pay rates.
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The backlog in crown courts increased to 65,000 trials, up from 40,000 before the pandemic outbreak in 2020.
Efforts to reduce the inventory to 53,000 cases by March 2025 have proven unsuccessful.
Challenges in Finding Barristers
Staffing at the CPS has increased by a third since 2018, reaching over 7,300, but it remains below the 2010 peak of 8,000.
A shortage of criminal barristers, separate from the CPS, hinders case presentation to juries and judges.
Finding physically available external barristers for prosecution cases has become a daily struggle.
Efforts to Resolve the Backlog
The Ministry of Justice indicates that court operations are running at full capacity.
The resolution of disputes with barristers over compensation for defense cases last year aimed to attract attorneys back to criminal work.
Prioritizing Critical Cases
Mr. Hill suggests a consensus between courts and defence attorneys to expedite the handling of certain defendants, including those incarcerated or willing to plead guilty and receive a sentence.
Despite the backlog, priority should be given to the most critical cases.
Mr. Hill stresses the importance of prioritizing adult rape cases.
Challenges in Prosecuting Rape Cases
The number of pending rape cases has risen to over 2,300, four times the pre-pandemic number, with an average duration of three and a half years from the offence to resolution.
Critics claim the CPS refers too few cases, but the government reports an increasing rate.
The nationwide implementation of “Operation Soteria,” a new approach to rape investigation, is seen as a crucial factor in progress.
Supporting Rape Victims
Supporting rape victims remains a priority, with efforts to ensure their trust in the criminal justice system.
This includes the use of pre-recorded cross-examination and increased funding for support services.
