In 1215 AD, in an obscure Runnymede field on the banks of the Thames, the great charter, or Magna Carta, came into being. While never intended to be a great bill of rights, four of its sixty three clauses remain in force today.
They are, clauses one, thirteen, thirty nine and forty. Clause one related to freedom of the church. Clause thirteen relates to the freedom of the cities, boroughs, towns and ports of England – all to have their own liberties and free customs. Clause thirty nine prescribes trial by the law of the land and trial by peers. Clause forty covers the nature of justice. It states
“We will not sell, or deny, or delay right or justice to anyone.”
It is these last two clauses which is are currently under pressure.
Eight hundred years in the breaking?
East Anglia Bylines has been covering concerns over delays in the criminal justice system for over three years. As early as 2022 we reported on the crisis in the courts. It now transpires that in a little under 14 years, the HM Courts and Tribunal service in England and Wales has lost nearly half its serving magistrates and a fifth of court staff.
A parliamentary research briefing highlights that between 2012/13 and 2022/23 in England and Wales:
- in-post magistrate numbers fell by 43% (23,401 to 13,340);
- the number of court judges (FTE) fell by 4% (3,621 to 3,483);
- the number of judges and non-legal members in tribunals fell by 9% (5,518 to 4,978).
In a stable population, these numbers would have led to severe delays. But during this period, the population increased by 5.8 million or around 8.5 %. And as the briefing points out, the overall caseload on courts and tribunals also rose.
In March 2025 the Ministry of Justice reported that across England and Wales the number of open cases at the end of December 2024 stood at 74,651. This is an 11% increase from the 67,317 a year earlier.
Within East Anglia Norwich Crown Court alone reportedly had 1,112 cases waiting to be dealt with, up from 1,044 in March 2024. These delays mean that some cases currently scheduled may not even begin 2027 or be heard until 2029.
The hidden consequences of the delays
Recognising the situation, in December 2024 the government appointed Sir Brian Leveson to head a review into the criminal court system. The first part of his report was published on 9 July 2025.
The report made clear that factors contributing to the backlog include a lack of funding, increased judicial complexity, decline in court availability, increased focus on tackling serious crime, combined with Covid-19, has resulted in a build-up of cases. These delays not only impact on the victims of crime, and their families, but also those accused of the offences themselves.
“One of the consequences of the delay is victims, witnesses and indeed defendants are kept waiting for years and years and can’t move on with their lives. Something has got to be done to try and address that,” Leveson told the BBC. “If we don’t do something very dramatic, these cases will get longer and longer delayed.”
In some cases the accused will be remanded to prison. As they have not been found guilty of an offence, they will be subject to a different regime. The report noted the growth in the remand population, driven by high caseloads and delays in the courts, is undoubtedly contributing to the challenges in prison capacity.
Between 2018 and 2024, the remand population nearly doubled to an overall prison population to around 20%. This was at a time that male prisons were at 99% capacity for much of 2023 and 2024, with often fewer than 500 spare places left nationally. This resulted in the early release of prisoners.
Solutions?
Leveson proposes a number of solutions. This includes the removal of jury trial in some criminal cases, such as fraud and bribery. These would be heard by judges.
The proposals would mean more cases will be heard in the magistrates’ courts, with jury trials reserved for the most serious cases. Another recommendation involves having more out of court resolutions like cautions.
As with all proposals there are those that recommend caution. Mary Prior KC, chair of the Criminal Bar Association, said: “Any fundamental change is going to require the criminal barristers who prosecute and defend in the Crown Court to believe that this is the best way forward. As this is such a radical change to the criminal justice system we will be listening to what our members say. There is a lot to digest.”
In contrast, the Magistrates’ Association welcomed the proposals, saying it will speed up justice for thousands.
“Magistrates are ready and willing to support these and other initiatives aimed at reducing the pressure on Crown Courts,” said Mark Beattie, national chair of the Magistrates’ Association.
It is clear that the current situation is not sustainable, with every delay not only is justice denied for the victim or the wrongly accused, but it also adds additional pressure onto a beleaguered system.
The concept of justice as we know it has existed for over eight hundred years. Over time it has become the foundation of the very society we enjoy today. Care and caution is needed. Time will tell whether adopting Leveson recommendations will improve a process for all, or whether it will diminish the rights of many.
More from East Anglia Bylines
