Correspondence

Ministry of Justice Response to The Victims’ Commissioner’s report into the Crown Court backlog

Published 25 April 2025

I am writing in response to the publication of your report Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system. Your report brings to life the impact of the outstanding Crown Court caseload on victims, victim services, and the criminal justice system. As ever, I would like to express my gratitude to you and your office for undertaking such important work, ensuring that victims’ voices are heard in a meaningful and tangible way.  

This report is important in highlighting the human cost of these delays. It is unacceptable that victims are waiting years for justice, and this Government will work tirelessly to tackle this issue head on. It is for this reason the Lord Chancellor commissioned an independent review of the criminal courts, led by Sir Brian Leveson, to consider the merits of once-in-a-generation reform. His review is also considering efficiency, to tackle what this Government inherited, which is a record and rising backlog – the outstanding caseload now stands at 74,000 cases, twice the figure of five years ago. 

Even before Sir Brian publishes his findings, this Government has been focussing on alleviating pressure on the system. In doing so, the Government increased the last financial year’s allocation of sitting days from 106,500 to 108,500 – an increase of 2,500 days. For this financial year, the Government will be funding a record allocation of 110,000 Crown Court sitting days in the next financial year - 4,000 higher than under the previous Government. We have also increased magistrates’ court sentencing powers to allow magistrates to issue custodial sentences for up to 12 months for a single triable either-way offence – a doubling of their current powers. The move will save approximately 2,000 days in the Crown Court, so that time can be reserved for the most serious and complex cases.  

Whilst these measures will support improvements in the victims’ experience of the criminal justice system, I am pleased to respond to the recommendations for the Ministry of Justice in your report which seek to ensure victims, including vulnerable victims, get the support they need. I have passed the report and this response to the Home Office, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, His Majesty’s Crown Prosecution Service Inspectorate, the National Police Chiefs’ Council and the Crown Prosecution Service to respond to recommendations in their domain. 

Improving the victim experience of the criminal justice system

The report rightly emphasises the need to enhance the experience of victims in the criminal justice system through improved communication, robust support services and comprehensive staff training. 

In terms of communications, I note your recommendation that the Ministry of Justice should undertake a review of the victim journey to explore options for better delivery of Victims’ Code rights and communication. This includes considering a ‘single point of contact’ liaison (referred to as ‘SPOC’, below) or navigator responsible for overseeing all communication and arrangements with the victim (recommendation 1). Additionally, you recommend that the Ministry of Justice updates the Victims’ Code (the Code)  to ensure that needs assessments are undertaken during the court process to identify those at the greatest risk of harm from delays (recommendation 5).  

I agree that effective communication with victims during the court process is vital, and that clear lines of responsibility for that communication are needed. Rather than a specific review, we will carefully consider this when we consult on a new Code in due course within which I intend to seek views on how we can improve the quality and timeliness of communication with victims; the right points and methods to communicate routine updates and more sensitive updates; and on innovative communication options.  

Regarding SPOCs, in practice, the police-run Witness Care Units already largely fulfil this function, as they are broadly responsible for most victim communications under the Code. In the few stages of the process where the Witness Care Unit is not the key communicator, it is because the agency responsible for the relevant decision-making, or with the relevant expertise, is the one that communicates with the victim. For example, the Crown Prosecution Service will communicate with the victim about a decision to discontinue charges or answer a victim’s questions about the sentence where the Witness Care Unit is unable to answer them.  

Your report notes that needs assessments are vital throughout the victim journey, including during the court process, and you conclude that they should be used to consider the effect of court delays which exacerbate pre-existing vulnerabilities. I recognise the current Code provides limited detail about how and when a needs assessment should be conducted, and I am open to considering how this could be improved. I would welcome further engagement with you on this issue when we consult on the new Code.  

I recognise your assessment that victims of rape and serious sexual violence are particularly affected by the delays. I was saddened to read of the delays causing trauma which can hinder people’s ability to move forward with their lives. As part of its landmark ambition to halve violence against women and girls within a decade, this Government has committed to fast-track rape cases.  We are carefully considering the best way to implement this and will be able to say more in due course.  

Your report also highlights issues with receiving compensation under the Criminal Injuries’ Compensation Scheme and I note your recommendation that to mitigate these, the deadline for applications for criminal injuries compensation where criminal proceedings are ongoing be extended to twelve months after the conclusion of the criminal case (recommendation 10). On 9 April this year we published our response to a consultation conducted in 2023 on options to reform the Scheme’ time limits which explains that we do not think it is necessary to make such changes. The Scheme already contains discretion to consider late applications in exceptional circumstances, and a relatively high proportion of late claims are accepted and have a positive outcome. Implementing changes to the Scheme’s time limits would create unnecessary operational complexities in gathering evidence at a time when the Criminal Injuries Compensation Authority is managing a sustained increase in demand. I do recognise, however, that court delays should not impinge on victims receiving compensation under this Scheme, which is why the guidance on GOV.UK and in the Code are clear that applications should be made “without delay and victims should not wait until the conclusion of criminal proceedings”. We also take on board that this needs to be more widely known, which is why we are working to raise awareness of both the Code and the Scheme.  

Your report also notes the importance of reviewing the financial loss policy to make sure that reimbursement rates are brought up to date (recommendation 11). We are already reviewing the financial loss allowance for defence witnesses, in parallel with a similar review being undertaken by the Crown Prosecution Service. 

Making court processes more transparent and efficient

Your report highlights not only the impact the delays are having on victims, but also how the whole system is affected. I welcome your reflections on how we can ensure the courts system is as robust as possible.  

Your report highlights the important role that inspectorates play in the court process. However, I do not accept your proposal to reinstate the courts inspectorate (recommendation 13). The HM Inspectorate of Courts Administration ceased operation in 2010, following a review by the Cabinet Office. This review found it unnecessary to have an independent body to inspect a purely administrative system, and that the running costs at the time did not represent good value for money. More importantly, judicial independence dictates that no inspectorate should have scope to scrutinise judicial decisions. Instead, since 2010, HM Inspectorate of Prisons has had responsibility for inspecting court custody and it carries out the inspection of three court custody areas each year. These inspections are complemented by Lay Observers who are independent members of the public appointed by the Secretary of State for Justice to monitor those held in court custody. Additionally, HM Courts and Tribunal Service has robust internal systems and management processes. It is our view, therefore, that an inspectorate would cost valuable resources and restrict our ability to continue to invest in improving and modernising our courts and tribunals, for little benefit. 

I do support the appropriate use of inspectorates to help consider how criminal justice agencies are delivering for victims (recommendation 15). As it stands, the Criminal Justice Joint Inspection business plan routinely includes at least one victim focused inspection every two years. The Victims and Prisoners Act 2024 provides additional measures, which mean that they are also now required to consult the Victims’ Commissioner when developing their inspection programmes and frameworks and, once commenced, will enable relevant Ministers to direct a joint inspection on victims issues, providing an important lever should it be required. We will also work with the inspectorates to determine the role they can play to complement the new Code compliance framework as this is developed. 

Turning to recommendation 16, in which you request that the Lord Chancellor reviews and amends the Criminal Procedure Rules and the Criminal Practice Directions, to ensure the rights and needs of victims and witnesses are given equal weight as those of defendants throughout the court process and in particular in listing practice. Your report notes that the Rules treat the rights of victims and defendants differently: ‘recognising the rights of the defendant including in particular the right to a fair trial’; and ‘respecting the interests of witnesses, victims and jurors, and keeping them informed’.   

The criminal justice system has long recognised that there is a ‘triangulation of interests’, meaning that there are three groups who have a clear interest in a criminal trial: the victim (including bereaved family members), the accused, and the public. I agree that victims’ needs are therefore a crucial part of the system. That is why they are reflected in the Code, which sets their procedural entitlements in relation to being kept informed and being supported to participate where appropriate, for example through making a Victim Personal Statement.  

The management of the trial process (this includes the making of Criminal Practice Directions) and the listing of court business are a matter for the judiciary, which is independent of Government. Criminal Procedure Rules are made by the Criminal Procedure Rules Committee. This is an independent non-departmental public body, appointed jointly by the Lady Chief Justice and Lord Chancellor, and chaired by the Lady Chief Justice.  As you note in the report, the Criminal Procedure Rules already require that the courts respect the interests of victims and keeps them informed. Furthermore, the courts are also provided with guidance in the Criminal Practice Directions to take into account the needs of victims and witnesses at appropriate points. For example, the Criminal Practice Directions require that (a) cases are tried within as short a time of their arrival in the court as is consistent with the interests of justice and the needs of victims and witnesses and (b)the courts, when considering what sentence to impose, will also take into account any Victim Personal Statements.    

We agree a robust and comprehensive evaluation of the Case Coordinator proof-of-concept (recommendation 17) will be important to understand any impact the role may have in improving efficiency. The proof-of concept will conclude in August 2025, following which a full evaluation of the role will take place in Autumn 2025, looking at both quantitative and qualitative evidence. The Department will consider next steps for the role following the outcome of that evaluation, also taking into consideration any relevant recommendations from the Independent Review of the Criminal Courts. 

Ensuring victim services can provide support to victims as they wait for the case to get to trial

I understand the role that victim support services play in supporting victims in the criminal justice system and note your recommendation that an assessment of additional resources and a business case are made to ensure adequate support for victims experiencing court delays (recommendation 18). As part of preparations for phase two of the Spending Review, we are considering all factors which may affect the demand levels for victim support services, including the ongoing impact of the court caseload.  

Once sections 13 and 14 of the Victims and Prisoners Act 2024 are commenced there will be a duty on local policing bodies, integrated care boards and local authorities in England to collaborate when commissioning support for victims of domestic abuse, sexual abuse and serious violence. The Duty aims to ensure local commissioners gain a better understanding of the needs of victims in their area, with a view to enabling a more strategic approach to commissioning.  

We are also working to improve support for rape victims throughout their journeys through the criminal justice system. This Government has committed to introduce free independent legal advice for victims and survivors of adult rape across England and Wales, to help them understand and uphold their legal rights. We are aiming to begin a phased rollout of the service later this year.   

I would like to thank you again for your work in producing this report and for your continued work to ensure that victims voices are heard.  

Yours Sincerely

ALEX DAVIES-JONES MP

Minister for Victims and Violence Against Women and Girls