Issue 443  28th March 2026

The Crown court backlog has reached a new record, according to data released today by the Ministry of Justice. The government said the latest figures show why jury trials need to be curbed as part of its reform package: the criminal bar said they prove the opposite. Quarterly figures released today shows the outstanding caseload climbed to 80,203 by the end of December. Courts minister Sarah Sackman said: ‘With a record-breaking backlog of over 80,000 cases, the Crown court is on the brink of collapse. The scale of this crisis has left victims bearing the brunt of years of neglect, facing devastating delays. Through pragmatic reform, historic investment and increased efficiency, we are pulling every lever at our disposal to drive down the backlog. Victims have waited long enough – and we will deliver the swift, fair justice they deserve.’ The ‘levers’ include restricting the right to a jury trial, which hundreds of lawyers have urged the government not to pull and to focus on efficiency measures instead...

Meanwhile, the backlog in the magistates' court rose by 4% on the previous quarter. The government's reforms would see magistrates hear more cases. Marcus Johnstone, managing director of PCD Solicitors, questioned the ability of magistrates' courts to cope with the 'avalanche of new cases' that would follow curbs on jury trials. Law Society president Mark Evans said: 'While the Courts and Tribunals Bill progresses, cutting jury trials would do little to ease the backlog. The statistics show that moving more cases from the Crown court to the magistrates’ court is not the answer, as magistrates are already overwhelmed and facing growing delays of their own.' The bill is currently being scrutinised by MPs before heading back to the Commons chamber for a third reading.

Most offenders in England and Wales who would have faced up to a year in jail are likely to receive no more than a suspended sentence from Monday, under one of the most significant changes to jail terms in decades. Under the reform, courts must stop handing out such short prison terms other than in a number of specific or exceptional circumstances. MPs passed the measure as part of the government's plan to end the population crisis in prisons - with rehabilitation experts saying there's no evidence short jail terms work. Monday's reforms also include allowing judges to suspend jail sentences of up to three years - another measure which will slow down the rate at which criminals enter jails.

The Sentencing Act 2026, external, passed in January, is a wide-ranging package of measures which ministers hope will ease overcrowding in jails - but also lead to better rehabilitation. The new suspended sentences rule applies to offenders who are convicted from Monday - meaning that anyone who has been waiting to be sentenced after being found guilty earlier than this week, will not benefit from the reform...

The Metropolitan Police has said it will resume arresting protesters for supporting the proscribed group Palestine Action. The force had indicated that its officers would be unlikely to make arrests after a High Court judgement in February ruled the government's ban of the group under anti-terror legislation was unlawful. But the ban remained in place pending a Home Office appeal and arrests at the Al Quds Day protest earlier this month included for allegedly supporting Palestine Action. Deputy Assistant Commissioner James Harman said it was still a criminal offence to support Palestine Action, adding: "We must enforce the law as it is at the time, not as it might be at a future date. We must do that consistently and without fear or favour," he added. "While the High Court has found the proscription of Palestine Action to be unlawful, it has confirmed the impact of that judgment will not take effect until the government's appeal has been considered which could take many months." The Met said it had revised its enforcement approach from its earlier "interim position"...

More training for judges and magistrates and appraisals for judicial holders will help to improve defendants’ experience in courts, Transform Justice has said. The organisation, which seeks to create a fairer and more open justice system, used the findings of its CourtWatch London project to draw up recommendations in how to strengthen participation with defendants, good treatment and fairness in court practice... A total of 174 courtwatchers observed more than 2,300 hearings heard by magistrates and district judges sitting in magistrates’ courts across London from February to July 2025. Most hearings observed were not trials, the report noted. In relation to respect shown to a defendant, courtwatchers ‘saw compassion in small acts, and in practical steps to accommodate defendants’ lives and circumstances. Magistrates and judges ranged from rude and condescending to courteous and compassionate. This indicates little consistency in the treatment defendants can expect to receive,’ the report said. ‘Judges and court professionals do not consistently treat defendants with respect, nor support them to understand and participate in their court hearings. Guidance and training for magistrates and judges should cover tone and treatment of defendants, including advice to keep defendants posted about delays’...

Courtwatchers also reported on the behaviour of others in court ‘which they felt showed a lack of respect or professionalism’. ‘Most shocking to courtwatchers were the tone and volume of the discussions that sometimes took place while the magistrates or judge left the room to deliberate (and the defendant remained in the courtroom),’ the report said. ‘Courtwatchers observed other behaviour which they felt showed a lack of respect or professionalism. This included: court staff laughing or not being serious during proceedings, side conversations while the hearing was in progress, and negative remarks about members of the judiciary.’ Recommendations include compulsory training on how to support effective participation as well as 360° appraisals ‘and/or more regular observation of practice by judges/magistrates from a different court’...