Bar Council raises concerns as magistrates’ court backlog reaches unprecedented levels
The Bar Council has warned that government proposals to shift more cases into magistrates’ courts could place the system under significant strain, as newly published figures reveal a record backlog.
Data released by the Ministry of Justice shows that the number of outstanding cases in magistrates’ courts has risen sharply over the past year. The backlog has increased by 17%, reaching 379,437 cases. This figure represents a 70% rise compared with the same period in 2019.
The warning follows government plans to expand sentencing powers within magistrates’ courts. The proposed changes would result in more serious cases being handled at this level, reducing pressure on the Crown Court. However, concerns have been raised about the potential impact on an already stretched system.
According to analysis by the Institute for Government, the reforms could increase demand on magistrates’ courts by between 10% and 15%. The Bar Council has suggested that this additional workload may present operational risks given the current backlog.
Kirsty Brimelow KC, Chair of the Bar Council, stated that the rate of backlog growth in magistrates’ courts has outpaced that of the Crown Court. She noted that the current figure marks the highest level recorded and reflects a sustained increase in waiting cases.
Brimelow said that proposals to divert cases away from the Crown Court, alongside potential restrictions on jury trials, carry “high risk for highly uncertain benefit.” She indicated that the measures may not address the underlying causes of delays within the criminal justice system.
The Bar Council has instead called for alternative measures to reduce delays. These include reopening court buildings that are currently not in use and ensuring that judges and barristers have sufficient resources to manage caseloads effectively.
Brimelow added that, despite operating under constraints such as limited sitting days and infrastructure challenges, courts have demonstrated an ability to reduce backlogs when adequately supported.
The government’s proposals form part of a broader effort to address delays across the criminal justice system, which has faced sustained pressure in recent years. However, the Bar Council maintains that shifting cases into magistrates’ courts without addressing capacity issues could increase strain rather than alleviate it.
The data highlights the scale of the challenge facing the system, with both magistrates’ courts and Crown Courts continuing to manage high volumes of outstanding cases. The debate over how best to reduce delays remains ongoing, with legal bodies emphasising the need for targeted and evidence-based reforms.