The extended operating hours have been piloted at seven Crown Court centres as part of HM Courts and Tribunals (HMCTS) plans to tackle the criminal cases backlog, which now stands at more than 53,000 in the Crown Courts and 479,000 in the magistrates’ courts. Trials are currently being listed for 2022.
HMCTS has consulted on whether to extend the extra hours model to a further 65 courts from January.
However, David Greene, president of the Law Society, said: ‘After years of underfunding and cuts, there was already a significant backlog in the criminal courts which has been exacerbated by the pandemic.
‘Although more cases have been disposed of during COVID operating hours, it appears to have been largely due to the fact that shorter, less complex cases are allocated for these times, which means that a greater number of cases can be allocated, and therefore a greater number of those cases crack. It's our view that the vast majority of the benefits observed in the pilots would equally have been delivered had the same mix of cases been allocated to courts operating normal court hours.
‘Given the additional costs of running COVID operating hours courts we do not believe these proposals deliver value for money for the taxpayer or will achieve the objective of clearing the backlog. We are also concerned about the potential for discrimination to members with caring responsibilities.’
Greene suggested the extra resources used to run COVID operating hours be diverted into opening more Nightingale courts to increase court capacity.
The Bar Council is also strongly opposed to COVID operating hours.
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