Britain’s courts are in a mess

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There is a huge backlog of court cases in Britain—but little capacity to crunch through it

Justice is being done. But it has been a long time coming. The alleged offences happened several years ago. The case took over a year to investigate and the trial was then delayed five months more by England’s covid-19 lockdown. It has only now reached a court. When the jury leaves, the judge calls in a different set of barristers.

Some of the blame lies with covid-19. Many hearings, particularly in civil cases, were moved online. But in England and Wales, jury trials were not conducted remotely . So while some justice was able to continue—cases with a guilty plea, for example—a backlog quickly built up. According to Lucy Welsh, an academic who counts herself among the number of former criminal lawyers, the result is weaker cases. The longer one takes to come to trial, the fuzzier the memories of witnesses and victims become. That is if they make it to court at all. Since 2015 the proportion of cases that fold because the victim withdraws has risen from 9% to 26%.

 

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