In a recent exclusive interview, Max Hill KC, the outgoing director of public prosecutions, has issued a dire warning about the enduring delays in the justice system. Hill expressed concerns that

the unprecedented backlog of cases awaiting trial is unlikely to be resolved anytime soon, emphasizing the immense burden faced by the Crown Prosecution Service (CPS).

Hill cited the challenge of finding enough barristers to handle cases in the courtroom, as the service grapples with a shortage of legal professionals. His tenure, which began in 2018 and ends this month, has coincided with a series of exceptional challenges within the criminal justice system. These challenges include pre-existing budget cuts, court closures during the pandemic, and a strike by criminal defense barristers protesting government legal aid pay rates.

The backlog of trials in the crown courts has surged to 65,000, up from approximately 40,000 before the pandemic struck in 2020. According to the CPS's preferred measure, this number is even higher, with around 75,000 individual defendants awaiting their day in court. The government has set a target to reduce the backlog to 53,000 cases by March 2025, but the situation continues to deteriorate.

Hill emphasized, "We are at an all-time high. The backlog is not going to be removed next month, even next year. We have to all understand that." He acknowledged the limited capacity of the courts and the judiciary's availability to handle these cases.

While the CPS has increased its staffing by a third since Hill's appointment in 2018, it remains below the peak of 8,000 employees in 2010. Furthermore, there is a shortage of criminal barristers, who operate independently of the CPS and are responsible for presenting cases to judges and juries when a trial is ready for court. Hill expressed concern, stating, "The CPS at the moment is struggling day-on-day, week-on-week to find sufficient external barristers who are physically available to prosecute our cases. That is a matter of concern."

The Ministry of Justice contends that the courts are operating at full capacity, with the elimination of a cap on judges' pay days, leading to more court sessions. However, the strike by barristers last year and disputes over pay for defense cases added to the backlogs.

To mitigate the backlog, Hill highlighted the importance of agreeing with both the courts and defense lawyers on which cases could be expedited. This includes prioritizing defendants on remand in jails or those willing to plead guilty and be sentenced. Nonetheless, given the absence of an immediate solution, the CPS is now working on prioritizing the most serious cases.

Hill stated, "I don't think there is an overarching solution to the backlog that will resolve it in a few months or even a year's time." He stressed the need to prioritize custody cases pre-trial and adult rape cases due to the significant impact these delays have on individuals.

Hill also noted the pressing issue of rape cases, with over 2,300 such cases awaiting trial, a fourfold increase from pre-pandemic levels. The average time from the offense to trial outcome is now three and a half years. While there is progress in referring more rape cases to the CPS, Hill acknowledged the urgency in addressing this matter and praised the nationwide rollout of "Operation Soteria," a new approach to investigating rape cases and maintaining victims' confidence in the justice system.

In response, a Ministry of Justice spokesperson highlighted their commitment to supporting rape victims and implementing measures to improve the handling of such cases, including increased funding for specialist support services and the rollout of pre-recorded cross-examination. They stressed their determination to ensure that victims of rape receive the support and justice they deserve. Photo by Nevilley at en.wikipedia.