By Sasha Murray, Sarah Welland, Madeleine Storry
For victims who have experienced a serious criminal offence in England and Wales, the Crown Court is a vital part of their journey to receive justice. This is where jury trials are conducted to reach a verdict on whether the defendant is guilty of the crime or not. This report comes following a record number of outstanding cases at the Crown Courts in England and Wales. 2 At the end of September 2024, 73,105 cases were outstanding and almost a quarter (23%) of these had been outstanding at the Crown Court for over a year and 8% had been outstanding for over two years. This is a considerable increase since the end of March 2020, when just 7% of cases were outstanding for over a year and 2% of cases were outstanding for over two years. 3 This means an increasing number of victims are waiting extended lengths of time for justice. This report explores how these unprecedented delays in the Crown Court system impact on victims of crime, victims’ services, and the wider criminal justice system. The findings are based on primary research conducted by the Office of the Victims’ Commissioner in 2024, including a survey and interviews with victims and a survey with victim services staff. Based on these findings, the Victims’ Commissioner makes key, actionable recommendations for justice agencies and policy makers to consider. About the research This report aims to: • Understand the experiences of victims of all crime types who are navigating the Crown Court system in England and Wales amidst a record backlog. • Identify the impact of the Crown Court backlog on victims, the criminal justice system and victim services. • Understand victims’ experiences of support and communication whilst navigating the Crown Court backlog. Findings from the research The Crown Court system is experiencing an unprecedented backlog meaning victims commonly face delays and adjournments. • In the latest official statistics, a quarter of trials listed at the Crown Court had to be rearranged on the day of trial. • Further data, provided by HMCTS, showed that the number of completed Crown Court cases that had been rearranged more than three times on the day of trial, was four times higher in 2023/24 than it was in 2019/20. 4 • In our research, we found that of those victims who had been given a trial date, nearly half (48%) had this date changed at some point in their criminal justice journey and 26% of these victims had the date changed four or more times. For victims often navigating the criminal justice system for the first time, this worsened an already stressful and traumatic process. The delays in the Crown Court cause debilitating stress and trauma for victims. • Our research highlighted how the Crown Court backlog caused immense stress for victims, prompting a deterioration in physical and mental health. Some victims resorted to drug and alcohol use or self-harm to cope, while other victims reported attempting suicide as it was too difficult to continue. • We found that while victims were still involved in the criminal justice process, they were unable to move on and prevented from recovering from the crime. • Additionally, when victims experienced repeated adjournments, the emotional distress and the necessity to re-live the trauma for each additional listing further exacerbated their trauma. The Crown Court backlog damages victims’ lives and futures. • We found that whilst enduring the prolonged waits for Crown Court trials, many victims were unable to maintain their daily functioning. Their lives were subsequently further disrupted by repeated adjournments. • Our findings also highlighted the impact of the Crown Court delays on victims’ employment. Victims often had to take periods of time off work for each trial listing, and some were unable to work or were signed off sick due to the stress of the delays. This had significant financial implications for some victims, particularly those who were self-employed. • The delays also adversely affected younger victims, as it disrupted their education and put their lives on hold during significant periods of their development. Our findings also highlighted the impact on victims’ interpersonal relationships. The turmoil of the Crown Court delays sometimes led to relationship breakdowns, at a time when a victim’s support network was vital. • We also heard how the delays in the Crown Court system impacted on other legal processes. For example, delays to trials concluding caused issues with Family Court proceedings, applications to the Criminal Injuries Compensation Authority (CICA) and eviction orders. The effectiveness of the criminal justice system and victims’ confidence in its ability to deliver justice is at risk due to the delays in the Crown Court system. • Our findings highlighted how increased waiting time for trials heightened the risk of victims’ memories fading and therefore, the quality of their evidence diminishing. • The increased waits also meant supportive prosecution witnesses became more likely to withdraw. • In addition, victims’ faith and trust in the criminal justice system was damaged, leading to disengagement from with the criminal justice process and in many cases, an entire withdrawal. • Where victims persevered with the criminal justice process, they often felt justice did not prevail. We were informed of cases where the time taken for the trial to take place meant the defendants’ sentence had already been served, either on remand or through bail conditions. We were also told of instances where the Crown Prosecution Service had dropped charges due to cases no longer being in the public interest and where defendants had died before the trial could take place. • For many victims, their experiences of the Crown Court backlog left them unwilling to engage with the criminal justice system in the future. High-quality support helps victims to stay engaged with the criminal justice process amidst the Crown Court delays, however the delays impede support organisations’ ability to provide this support. • Despite support being vital for their engagement, we found that for some victims, the delays prevented them accessing support. Some rape and sexual offence victims were advised not to seek therapy until after trial. However, the delays in cases coming to court resulted in long periods without support, further delaying their recovery. • We also found that the delays led to an increased demand for support services. This was due to an increased number of victims waiting for court and increased victim support needs due to the impact of the Crown Court delays. Many staff reported unsustainable caseloads and many support services had to implement waiting lists. Many services also raised concerns about the quality and consistency of support provision being compromised as a result of the overwhelming demand. • Our research highlighted the negative impact of the Crown Court backlogs on the wellbeing and job satisfaction of support staff, with some at risk of burnout and leaving their roles. This further exacerbated issues with support accessibility, quality, and consistency. Poor communication compounds the impact of the Crown Court backlog on victims. • Our research highlighted that poor initial expectation management of how long a case can take to get to trial and a lack of communication whilst victims waited for trial worsened victims’ experiences. • We also found that many victims experienced trials being adjourned at very short notice and with minimal or no explanation. This added to the emotional distress they experienced navigating an already challenging process. Key recommendations This report contains 19 recommendations that are grouped into three overarching aims. We have identified a key recommendation for change to help achieve each of these aims: 1. Improve the victim experience of the criminal justice system. o The government to explore how victims whose case is going to trial might be given a single point of contact to improve communication and ensure their Victims’ Code entitlements are delivered. 2. Make court processes more transparent and efficient. o The restoration of an Independent Courts’ Inspectorate so that the operation of the Court Service is subject to rigorous independent scrutiny. 3. Ensure victim services can provide support to victims as they wait for the case to get to trial. o Providing emergency funding to victim support services to help them cope with increased caseloads arising from the court backlog crisis.
London: Victims Commissioner, 2025. 73p.
