Crown Court Backlog: Lammy Lifts Cap to Reduce Delays

Published: 24 February 2026. The English Chronicle Desk. The English Chronicle Online.

David Lammy has confirmed the government will lift the cap on crown court sitting days to help reduce the persistent crown court backlog of criminal cases. The justice secretary and deputy prime minister explained that every crown court in England and Wales will be funded to hear more cases in the coming financial year. Criminal barristers have welcomed the decision, noting it as a substantial step forward after discussions with the lady chief justice, Sue Carr, aimed at addressing delays. Lammy indicated that further measures will follow, designed specifically to ease a crown court backlog affecting at least 80,000 criminal cases.

The agreement ensures there will be no limit on the number of days crown courts can sit over the next financial year. Caps on court sitting days have historically been imposed intermittently to manage Ministry of Justice budgets and staffing shortages, but the latest move represents a decisive change. In October, the MoJ announced plans to increase crown court sitting days to 111,250 for this year, a figure now expected to rise to 113,000 with the removal of the cap.

Alongside unlimited sitting days, the government and judiciary have agreed to a £2.8 billion settlement for courts and tribunals for 2026/27, up from £2.5 billion last year. This funding package includes £287 million in capital investment aimed at repairing decaying court buildings, ensuring that infrastructure can support the expanded caseload. Criminal Bar Association chair Riel Karmy-Jones KC and vice-chair Andrew Thomas KC described lifting the cap as “a brave and significant first step” towards restoring efficiency in the criminal justice system.

They emphasised that complainants, witnesses, defendants, and all professionals working within the criminal justice system will be greatly relieved, highlighting that removing the cap on sitting days is the single most important action to reduce the crown court backlog and minimise delays. While the Law Society acknowledged the funding package as a positive move, it also warned that the measures alone will not eliminate the backlog or address ongoing infrastructure challenges in the court system.

Fiona Rutherford, chief executive of the pressure group Justice, praised the announcement but cautioned against using it as justification to reduce jury trials. She stressed that curtailing jury trials would undermine public trust and risk miscarriages of justice, particularly for marginalised communities who often rely on these protections. “These welcome moves contrast sharply with the unnecessary damage cutting juries would bring,” Rutherford said, emphasising the importance of maintaining long-standing judicial safeguards.

Lammy has indicated that further announcements are expected to focus on reforms identified in the second part of Sir Brian Leveson’s review, including the increased use of remote hearings to improve court efficiency. “I have agreed with the judiciary to fund unlimited sitting days in the crown court next year so they can sit at their maximum and so we can turn the tide on the crown court backlog as quickly as possible,” Lammy said. He added that investment alone will not solve the problem; modernisation and pragmatic reforms must accompany financial support to deliver timely justice.

The plan to lift sitting day caps reflects a broader effort by the government to modernise the criminal justice system while protecting fundamental legal principles. Over the years, intermittent caps were necessary due to budgetary constraints and staff shortages, but the crown court backlog has grown, particularly following delays caused by the pandemic. The government’s decision aims to allow courts to operate at full capacity, ensuring that criminal cases progress more swiftly and that defendants and victims are not left waiting for extended periods.

The funding increase also signals a long-term commitment to judicial infrastructure, which has faced criticism for deteriorating facilities. By allocating nearly £300 million in capital investment, the government intends to repair ageing court buildings, create more functional spaces for hearings, and accommodate modern technology requirements, including video links and remote proceedings. These improvements are expected to reduce administrative bottlenecks and support the goal of maximising crown court efficiency.

Legal experts have described the government’s approach as a measured response to a persistent problem. Karmy-Jones KC and Thomas KC highlighted that, beyond increasing sitting days, the solution must also tackle procedural inefficiencies and staffing pressures that contribute to delays. The Criminal Bar Association has consistently emphasised that meaningful reform requires a combination of financial investment, administrative modernisation, and practical measures to streamline case management.

The Law Society has urged ongoing evaluation to ensure that increased sitting days and funding directly translate into reduced delays for defendants and victims. Infrastructure improvements and budget allocations are vital, but the implementation of new procedures, staffing support, and modern technology will determine the success of these reforms. Observers note that previous increases in court sitting days did not fully resolve backlogs due to limited operational capacity and outdated court processes.

Rutherford of Justice highlighted the potential risks of undermining jury trials while attempting to expedite cases. She argued that reducing jury participation might seem expedient but could compromise fairness and disproportionately affect vulnerable groups. Ensuring that trials continue to meet high standards of justice is essential, even as the government seeks to address backlog pressures. The balancing act between efficiency and legal integrity remains a central concern in judicial reforms.

Lammy’s announcements are expected to be part of a phased strategy, with immediate impacts on sitting days and longer-term measures aimed at procedural modernisation. Remote hearings, digital filing systems, and improved case management tools are likely to feature prominently in the next phase. These initiatives aim to make court operations more adaptable and responsive, especially in regions where crown court backlog issues are most acute.

The removal of sitting day caps also carries symbolic significance, signalling that the government recognises the urgency of criminal justice reform. It represents a commitment to both victims and defendants that cases will be addressed promptly and that systemic inefficiencies will be actively addressed. By prioritising crown court capacity, the administration hopes to rebuild public confidence in a system that has faced criticism for delays and inconsistencies.

Ultimately, the government’s approach reflects a comprehensive strategy combining financial investment, infrastructure improvement, and procedural reform. By lifting the cap on crown court sitting days and increasing funding, officials aim to ensure that courts can operate at full capacity, modernise processes, and maintain trust in the justice system. Legal professionals and advocacy groups have cautiously welcomed the changes, emphasising that implementation will be crucial in achieving tangible reductions in case delays.

As the next financial year begins, courts across England and Wales will have the resources and authority to maximise sittings and address the crown court backlog more effectively. Observers will closely monitor the impact on case progression, infrastructure readiness, and the preservation of jury trial standards. With continued investment and reform, the government hopes to achieve a measurable decrease in delays, restoring confidence in the efficiency and fairness of the criminal justice system.

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