The Bar Council Legal Services Committee (LSC), spoke to HMCTS Operations Director, Daniel Flury, about the administration of the court service. Our policy analyst Enehuwa Adagu reflects on what was discussed and what our members should expect for the future of the court service.
A lot has happened in the justice system over the course of 2024, to name a few – we have experienced a prison crisis, reduced sitting days, and a growing court backlog. In order to get a better understanding of how HMCTS are tackling some of these issues, the committee spoke to Daniel Flury about the court estate, the production of defendants to court, the ongoing spending review, the reduction in sitting days, and horizon scanning. This blog serves as an update to provide our members with the latest information about the administration of the courts and tribunals service.
The court estate
HMCTS have been given £200 million to spend on the court estate, this investment will be spent on:
- Roofing project: HMCTS have 24 roofing projects underway, these projects are taking place in Caernarfon, Oxford, Hove, and Basildon – costing £16 million
- Mechanical and electrical projects: 40 projects are in progress for lifts, lights and alarm systems – costing £48 million
- Security projects: 30 security projects are ongoing for CCTV and panic alarms – costing £2 million
- Equality Act 2010 compliance: 18 of these projects have started for ramps and measures that will increase disabled access in courts for judges, court users and staff – costing £5 million
- Building management system replacement projects: 20 building management projects are happening; such projects relate to how HMCTS regulate the temperatures in each court building – costing £7 million
New courts are being built in the City of London on Fleet Street. A new tribunal centre project is in motion on Newgate Street, this new court building will have 30 additional courtrooms. However, there are no plans to close any further court buildings, considering the fact that 43% of courts have been closed in the last 14 years, this is a welcome promise.
After Harrow Crown Court was closed down due to Reinforced Autoclaved Aerated Concrete (RAAC), HMCTS explained that the court is expected to reopen in 2025 or 2026.
Sitting days and the production of defendants to court
It has been announced that Crown Court sitting days will be capped at 106,500 days, despite judges having the capacity to sit for 113,000 days a year. The committee were informed that this is the first time that a cap on Crown Court sitting days have been introduced, our view was that producing defendants who have been remanded to custody on time, will help to increase productivity in courts and reduce the Crown Court backlog. HMCTS reported that prisoners being produced on time has been a long-term issue.
In 2019, a 10-year contract was awarded to GEOAmey Ltd and Serco Ltd to carry out the Prisoner Escort and Custody Service (PECS). HMCTS indicated that they closely monitor the discharge of this contract in conjunction with the Ministry of Justice (MoJ), and according to them, prisoners are produced on time in 99.87% of cases. Stakeholders across the criminal justice system observe that these figures are not an accurate reflection of what is actually happening in our courts. The key question for the committee is understanding why the experience of our members is not reflected in these statistics. We will continue to make representations to HMCTS and the MoJ to identify the reason why.
Spending review
HMCTS made bids for more funds to spend on staff pay, additional staff, further modernisation, and investment for their IT systems. According to Daniel Flury, HMCTS were able to close down a number of court buildings between 2010 to 2016 because they were benefiting from falling caseloads – however, HMCTS are no longer in this position, and they now need all the staff and court buildings that they currently have.
Horizon scanning
In terms of the future, HMCTS expect that the number of cases that are received in the Crown Court will continue to increase. More capacity will be needed in the First-tier Tribunal for Immigration and Asylum since the Home Office has announced a desire to clear the asylum backlog. The Assisted Dying for Terminally Ill Adults Bill, which was recently passed by parliament, will have consequences for the courts which will need to be established. They will also be focussing on making further improvements to the court estate, increasing the capability of their staff, and securing a pay rise for their staff.