Thousand of trials won't be heard until 2028 due to backlog

Data shows more than 2,600 Crown Court trials in England and Wales are not due to be heard for two more years.

Stock image of Cardiff Crown Court
Author: Andrea FoxPublished 18 hours ago

The backlog of trials at crown courts across England and Wales has reached over 2,600, with cases postponed until at least 2028, according to newly released data.

Among these delayed trials, 206 involve rape, with some not listed to commence until 2028 and four further postponed until 2029.

Victims' Commissioner Claire Waxman is describing the delays as "inhumane."

Waxman highlighted evidence suggesting that court delays can lead to the breakdown of marriages, job losses, and physical ailments such as a vomiting syndrome caused by stress.

In an effort to address the backlog, ministers introduced new legislation to Parliament on Wednesday aimed at overhauling the courts system.

The proposed measures include funding for unlimited court sitting days and the establishment of "Blitz courts" to expedite the process.

Currently, nearly 80,000 crown court cases are awaiting resolution across England and Wales.

The number of cases awaiting trial

The figures have been obtained by the Press Association from a Freedom of Information request to the Ministry of Justice and are a snapshot of the court listings as of January 29 2026.

They show 25,551 trials are listed in crown courts in England and Wales for this year, with 7,633 set for 2027, 2,039 for 2028, 625 for 2029 and 29 for 2030.

The 29 trials listed for 2030 include 12 for drug offences, four for offences of violence against the person, three for theft and three for possession of weapons.

The 625 trials listed for 2029 include 14 for sexual offences, four of which are for rape, along with 133 for violence against the person and 190 drug offences.

A trial is listed once a defendant's plea hearing has taken place.

Reacting to the figures, Victims' Commissioner Claire Waxman told the Press Association the numbers are "not shocking or surprising" but added: "What concerns me is those that are listed as far away as 2028 and 29 - I am not confident that they will start on those actual dates.

"Behind every statistic and number is a victim who's experienced crime and will be suffering from trauma and maybe physical injuries and will have to have their life on hold for a number of years before they can get into court and access any type of justice and closure and start their recovery.

"Victims don't start their recovery until the justice system is complete."

She added that while unlimited sitting days will help, they are not a "silver bullet" as there are still "too many cases" that do not go ahead on the day because of a number of issues, such as technical problems or the prisoner or witnesses not turning up.

The four rape cases listed to come to trial in 2029 are likely to have already been in the system for at least a year or possibly two, meaning it might be at least five years before they get to court, Ms Waxman said.

Research by the Commissioner's office published last year found almost half of victims surveyed (48%) had their trial date adjourned at least once, and often multiple times.

Chairwoman of the Bar Council Kirsty Brimelow KC said the figures showed that "trial dates for sexual offences cases and rape cases are too far in the future but not as far back as the impression sometimes given."

"Substantial delays are at the pre-court stage," she said.

"To be serious about tackling delays means that there must be a focus on the delays incurred before the case gets to court."

Figures published by the Ministry of Justice last year show the number of open cases in the crown court backlog stood at 79,619 at the end of September 2025, up 2% from 78,096 at the end of June and up 9% from the same point a year earlier.

The number of cases open for a year or more has now passed 20,000 for the first time, reaching 20,155 at the end of September, up 25% year on year and up 6% from the end of June.

The open caseload refers to the number of outstanding cases, which includes trials but also cases in their differing stages.

The Government's proposed court reforms

A Ministry of Justice spokesperson said: "This Government inherited a justice system in crisis.

"Only through these crucial reforms, the extra investment we will deliver, and our drive to increase efficiency in the system can we make sure brave victims and survivors of crime get the swifter justice they deserve.

"Combined, these measures will free up the space and time needed to prioritise the most serious cases - including those that can and should have a jury trial."

Criticism of the Government's proposed court reforms has centred around scaling back jury trials, particularly from lawyers and some MPs.

Ms Brimelow said that energy should not be drained through the Government's curtailing jury trials, saying there is "little evidence" it will help bring down the backlog and carries "substantial risks" and tying up courts in appeals and increasing the backlog.

But Ms Waxman warned against parliamentarians blocking the bill "for blocking's sake" if they have not got another viable solution, adding: "Then I would say they are preventing us getting on top of these wait lists, and they are potentially failing victims."

"While it absolutely has to be scrutinised, as any bill does, I just hope that those scrutinising are doing it for the right reasons," she said.

"And if they're saying 'justice needs juries and that's it', I think they need to open their mind a little bit more and accept that we have to modernise the criminal justice system.

"It has to keep pace with the amount of cases, the new offences that we've had over the years coming in, and it has to serve the public.

"And yes, that is about balancing the rights of defendants, but it's also about balancing the rights of victims as well."

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