LONDON, England — A former top judicial figure has issued a stark warning that the UK must either significantly increase funding for the justice system or reconsider the role of jury trials in some criminal cases. Lord Thomas, who served as the Lord Chief Justice of England and Wales from 2013 to 2017, described the justice system as being “in serious crisis,” plagued by chronic underfunding and inefficiencies that could lead to a backlog of 100,000 cases at crown courts without immediate, radical intervention.
Successive governments have faced criticism for not prioritizing justice sector funding, leading to severe delays that push new trials years into the future, some scheduled as far out as 2027. This has resulted in prolonged periods of uncertainty for victims awaiting justice and for accused individuals, many of whom remain in custody.
The traditional setup in England and Wales involves a jury of 12 community members tasked with determining the guilt of defendants in serious criminal cases. However, Lord Thomas suggests that for less severe cases, decisions could be shifted to a judge or a panel of magistrates to help alleviate financial pressures without compromising justice.
One of Lord Thomas’s proposals includes the creation of an “intermediate” court, which would handle moderately serious offenses, thus helping to reduce the strain on crown courts. This idea echoes an earlier suggestion from 2001 by former appeal court judge Sir Robin Auld, which was not adopted at the time due to concerns about eroding the right to a jury trial.
The financial strains on the system are compounded by the current state of legal aid, which has seen a 43% reduction in real terms over the last decade, according to a 2021 report. This lack of adequate compensation risks undermining the quality of legal representation available to defendants and could potentially delay proceedings further, as fewer qualified professionals may be willing to accept cases at lower rates of pay.
Moreover, sentencing policies that have increased the duration of prison sentences over the years have not been matched with corresponding increases in funding. This has led to overcrowded prisons and overstretched resources, making it even more challenging to manage the backlog effectively.
Despite these challenges, the Ministry of Justice has acknowledged that the inherited backlog from previous administrations needs addressing urgently. Initial steps include increasing court sitting days and extending magistrates’ sentencing powers in an effort to expedite cases and alleviate some of the burdens at the crown court level.
Even with these measures, Lord Thomas believes that substantial additional funding is mandatory to resolve the enduring crises in both trial delays and prison conditions. His views were reinforced by a paper published along with three other former lord chief justices advocating for sentencing reform to better balance the system.
The ongoing debate about how best to fund and reform the UK’s legal system highlights the complex choices facing lawmakers in balancing budget constraints with the fundamental rights to timely and fair justice.
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