Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the policy paper published on 9 November by the Bar Council, Tackling violence against women and girls – why family courts are key.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government has read the Bar Council’s policy paper with interest and agrees that the family courts play a key role in our commitment to halve incidences of violence against women and girls over the next decade.
We agree with the Bar Council that proper data and analysis is an essential first step. The Government funded the recently published Family Court Review and Reporting Mechanism pilot, led by the Domestic Abuse Commissioner and will publish a response to the report by the end of the year.
This Government also recognises that legal aid is a vital part of the justice system, supporting the ability of individuals to access publicly funded legal assistance to uphold their legal rights. Legal aid is available for certain private family matters such as child arrangements if an individual is a victim of domestic abuse or at risk of being abused, subject to providing the required evidence of domestic abuse and passing the means and merits tests. Last year we spent £854 million on the provision of family legal aid and we continue to keep the policy under review.
With our partners across the family justice system, we are committed to long-term reform of the family courts to better support and protect victims of domestic abuse and serious violence and their children. Central to this is our new Pathfinder model, which uses a more investigative and less adversarial approach for private law proceedings relating to children and is now operating in nine court areas, with expansion to a tenth in January 2026.
The Government will be publishing our new, cross-government Violence Against Women and Girls Strategy as soon as possible.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they plan to review the European Convention on Human Rights; and if so, what aspects of that Convention they will review.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
This Government is committed to the European Convention on Human Rights (ECHR). However, commitment does not mean complacency, and we need to make sure the Convention evolves to face modern challenges. We do not need to leave to deliver meaningful reform and modernisation.
We are bringing forward legislation to clarify how Article 8 ECHR (right to a private life) operates domestically in relation to immigration rules to ensure an appropriate balance between the rights of individuals and the national interest. We are also looking at the interpretation of Article 3 ECHR (prohibition against torture, inhuman and degrading treatment) so that varied prison conditions or access to healthcare is not a bar to extradition or deportation.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the impact of lengthy court delays on victims of sexual offences.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
This Government inherited a record court backlog, and we recognise the impact that long waits for trials may have on victims of sexual violence. We are committed to tackling the outstanding caseload to improve timeliness: we have already doubled magistrates’ sentencing powers, so that Crown Courts can focus on the most serious cases and this year we have funded a record-high allocation of 110,000 Crown Court sitting days to tackle the outstanding caseload and delays. The record number of sitting days we have funded will mean more rape and other sexual offence cases can be heard.
We recognise victims are impacted when trials do not proceed as planned. The National Witness Service provides support on the day of trial. This may include giving explanations for any delays. Pre-trial, victims can receive support from Victim Liaison Officers, or from Ministry of Justice funded victim support services, throughout the criminal justice journey.
Judicial initiatives to expedite rape and other sexual offence cases are already taking place at a local level, for example, in Bristol and Guilford. The judiciary already prioritise cases involving vulnerable victims and witnesses, which includes victims of rape.
However, it is clear that we must go further and do things differently if we are to deliver swifter justice and long-lasting change for victims. That is why the Government asked Sir Brian Leveson to chair an Independent Review of the Criminal Courts, to propose once-in-a-generation reform to deliver swifter justice for victims across the board - including for victims of rape and other sexual offences. Part one of the Review has been published. We will carefully consider Sir Brian’s proposals before setting out the Government’s full response in the Autumn.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the problems caused by lengthy court delays on the availability of witnesses and the reliability of evidence.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
Official Statistics (www.gov.uk/government/collections/criminal-court-statistics) show that in the period between the end of June 2024 and the end of June 2025, of the 29,341 trials in the Crown Courts, 573 were ineffective due to witness unavailability. This number is down from 673 trials the previous year (June 2023 - June 2024).
This Government inherited a record and rising courts backlog. It is unacceptable that victims and witnesses are waiting years for justice. We are committed to creating a more stable and sustainable criminal justice system, in which victims and the public can have confidence. That is why we took immediate action, funding a record-high allocation of 110,000 Crown Court sitting days this financial year. We have also committed to investing up to £92 million more a year in criminal legal aid solicitors and boosted Magistrates’ sentencing powers from 6 to 12 months.
However, fundamental reform is necessary. That is why the previous Lord Chancellor asked Sir Brian Leveson to propose once-in-a-generation reform that will improve timeliness in the courts and deliver swifter justice for victims.
Part one of the Independent Review of Criminal Courts has now been published. We are carefully considering Sir Brian’s proposals and will publish a government response in due course, then introduce legislation when parliamentary time allows. Part two of the Review, considering how the criminal courts can operate as efficiently as possible, is expected to be finalised later this year.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the of the ability of the Criminal Cases Review Commission to operate in a timely and effective manner.
Answered by Lord Ponsonby of Shulbrede
The Lord Chancellor has appointed Dame Vera Baird DBE KC to carry out a thorough review of the operation of the Criminal Cases Review Commission, to increase public confidence in the organisation and the important work it undertakes investigating potential miscarriages of justice.
The terms of the reference for the review can be viewed at: https://committees.parliament.uk/publications/48553/documents/254582/default/.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they have plans for courts to sit at weekends and other times outside of normal sitting hours and sitting days to clear the backlog of cases awaiting trial.
Answered by Lord Ponsonby of Shulbrede
Courts are already sitting at, or close to, maximum judicial capacity in almost every jurisdiction, with record investment this year, and a record allocation of sitting days in the Crown Court. It is worth remembering that judicial maximum does not equal the maximum the system can run. The Government must be mindful of managing the wider system capacity - the availability not just of judges to sit in the Crown court but of the lawyers, prosecutors, legal aid and defence barristers that underpin the rest of the system.
Existing allocations can and will be accommodated within existing court operating hours. Magistrates’ courts already routinely sit on Saturdays and bank holidays.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the impact of the breach of security which allowed data to be stolen from the Legal Aid Agency, and what action they are taking to mitigate the damage which could ensue.
Answered by Lord Ponsonby of Shulbrede
On Wednesday 23 April, the department became aware of a cyber-attack on the Legal Aid Agency’s online digital services.
In the days following the discovery, we took immediate action to bolster the security of the system, and informed all legal aid providers that some of their details, including financial information, may have been compromised.
Since then, we have worked closely with the National Crime Agency and National Cyber Security Centre to bolster the security of our systems so we can safely continue the vital work of the agency, as well as informing the Information Commissioner.
On Friday 16 May we discovered the attack was more extensive than originally understood and that the group behind it had accessed a large amount of information relating to legal aid applicants. It became clear that to safeguard the service and its users, we needed to take the online service down.
We have put in place the necessary contingency plans to ensure those most in need of legal support and advice can continue to access the help they need during this time.
The Ministry of Justice published a statement at 08:15 on the 19 May on GOV.UK. The statement provides information about the cyber attack and directs concerned members of the public to the National Cyber Security Centre’s webpage.
This data breach is the result of heinous criminal activity, but it was made possible by the long years of neglect and mismanagement of the justice system under the last Conservative Government. They knew about the vulnerabilities of the Legal Aid Agency digital systems, but did not act. By contrast, since taking office, this Government have prioritised work to reverse the damage of over a decade of under-investment. That includes the allocation of over £20 million in extra funding this year to stabilise and transform the Legal Aid Agency digital services. This investment will make the system more robust and resilient in the face of similar cyber-attacks in future.
The Legal Aid Agency launched a dedicated helpline on 27 May for members of the public who are concerned they may have been affected by the data breach.
To ensure that legal aid providers have the latest position with respect to legal aid applications and billing contingencies, and that affected parties can access the latest developments on the incident, the Legal Aid Agency has created a dedicated space with contingencies and useful resources: https://www.gov.uk/guidance/legal-aid-agency-cyber-security-incident.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the number of criminal cases delayed in the legal system; and what is the impact of these delays on the wider criminal justice system and on public trust in the justice system.
Answered by Lord Ponsonby of Shulbrede
Open caseload and cases awaiting trial in England and Wales, and in London.
| Crown – Open Caseload | Crown – Awaiting Trial | Mags – Open Caseload | Mags – Awaiting Trial | ||||
| National | London | National | London | National | London | National | London |
Dec 2024 | 74,651 | 16,075 | 60,375 | 13,258 | 309,838 | 57,666 | 73,567 | 13,887 |
Dec 2023 | 67,317 | 14,413 | 53,506 | 11,951 | 271,962 | 46,473 | 58,174 | 11,006 |
Dec 2022 | 62,670 | 16,218 | 50,848 | 13,671 | 256,674 | 46,743 | 51,779 | 10,884 |
Dec 2021 | 58,550 | 15,722 | 47,723 | 13,298 | 270,649 | 47,753 | 51,023 | 11,659 |
Source: Criminal court statistics quarterly: October to December 2024 - GOV.UK.
Measures to tackle the criminal courts caseload
This government inherited a record and rising crown court backlog. Justice delayed risks becoming justice denied.
For this financial year (25/26), this Government is funding a record allocation of Crown Court sitting days to deliver swifter justice for victims – 110,000 sitting days this year, 4,000 higher than the last Government funded.
As part of our commitment to bearing down on the caseload we have increased magistrates’ court sentencing powers from 6 months to 12 months’ imprisonment for single triable-either way offences. This will free up capacity in the Crown Court, ensuring it is reserved for the more serious and complex cases.
However, the scale of the challenge is beyond what increasing sitting days can achieve. This is why we have commissioned an Independent Review of the Criminal Courts, led by Sir Brian Leveson, to consider the merits of longer-term reform and the efficiency of processes in the criminal courts.
In the meantime, we are piloting dedicated Case Coordinator posts in the Crown Court to see if this can reduce ineffective hearings and trials.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many criminal cases are currently awaiting trial in England and Wales; and what is the comparable figure at this point in each of the last three years.
Answered by Lord Ponsonby of Shulbrede
Open caseload and cases awaiting trial in England and Wales, and in London.
| Crown – Open Caseload | Crown – Awaiting Trial | Mags – Open Caseload | Mags – Awaiting Trial | ||||
| National | London | National | London | National | London | National | London |
Dec 2024 | 74,651 | 16,075 | 60,375 | 13,258 | 309,838 | 57,666 | 73,567 | 13,887 |
Dec 2023 | 67,317 | 14,413 | 53,506 | 11,951 | 271,962 | 46,473 | 58,174 | 11,006 |
Dec 2022 | 62,670 | 16,218 | 50,848 | 13,671 | 256,674 | 46,743 | 51,779 | 10,884 |
Dec 2021 | 58,550 | 15,722 | 47,723 | 13,298 | 270,649 | 47,753 | 51,023 | 11,659 |
Source: Criminal court statistics quarterly: October to December 2024 - GOV.UK.
Measures to tackle the criminal courts caseload
This government inherited a record and rising crown court backlog. Justice delayed risks becoming justice denied.
For this financial year (25/26), this Government is funding a record allocation of Crown Court sitting days to deliver swifter justice for victims – 110,000 sitting days this year, 4,000 higher than the last Government funded.
As part of our commitment to bearing down on the caseload we have increased magistrates’ court sentencing powers from 6 months to 12 months’ imprisonment for single triable-either way offences. This will free up capacity in the Crown Court, ensuring it is reserved for the more serious and complex cases.
However, the scale of the challenge is beyond what increasing sitting days can achieve. This is why we have commissioned an Independent Review of the Criminal Courts, led by Sir Brian Leveson, to consider the merits of longer-term reform and the efficiency of processes in the criminal courts.
In the meantime, we are piloting dedicated Case Coordinator posts in the Crown Court to see if this can reduce ineffective hearings and trials.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many criminal cases are currently awaiting trial in London and how they propose to deal with the backlog in trials.
Answered by Lord Ponsonby of Shulbrede
Open caseload and cases awaiting trial in England and Wales, and in London.
| Crown – Open Caseload | Crown – Awaiting Trial | Mags – Open Caseload | Mags – Awaiting Trial | ||||
| National | London | National | London | National | London | National | London |
Dec 2024 | 74,651 | 16,075 | 60,375 | 13,258 | 309,838 | 57,666 | 73,567 | 13,887 |
Dec 2023 | 67,317 | 14,413 | 53,506 | 11,951 | 271,962 | 46,473 | 58,174 | 11,006 |
Dec 2022 | 62,670 | 16,218 | 50,848 | 13,671 | 256,674 | 46,743 | 51,779 | 10,884 |
Dec 2021 | 58,550 | 15,722 | 47,723 | 13,298 | 270,649 | 47,753 | 51,023 | 11,659 |
Source: Criminal court statistics quarterly: October to December 2024 - GOV.UK.
Measures to tackle the criminal courts caseload
This government inherited a record and rising crown court backlog. Justice delayed risks becoming justice denied.
For this financial year (25/26), this Government is funding a record allocation of Crown Court sitting days to deliver swifter justice for victims – 110,000 sitting days this year, 4,000 higher than the last Government funded.
As part of our commitment to bearing down on the caseload we have increased magistrates’ court sentencing powers from 6 months to 12 months’ imprisonment for single triable-either way offences. This will free up capacity in the Crown Court, ensuring it is reserved for the more serious and complex cases.
However, the scale of the challenge is beyond what increasing sitting days can achieve. This is why we have commissioned an Independent Review of the Criminal Courts, led by Sir Brian Leveson, to consider the merits of longer-term reform and the efficiency of processes in the criminal courts.
In the meantime, we are piloting dedicated Case Coordinator posts in the Crown Court to see if this can reduce ineffective hearings and trials.