David Lammy Lifts Cap on Court Sitting Days to Address Case Backlog

Justice Secretary David Lammy has announced the removal of the cap on court sitting days in Crown courts across England and Wales, a move aimed at alleviating a backlog of over 80,000 criminal cases. This decision, effective from April 1, 2026, allows courts to operate at maximum capacity, with funding guaranteed for unlimited sitting days throughout the next financial year. The Ministry of Justice (MoJ) has also committed to increasing the number of sitting days from 111,250 to 113,000, supported by a £2.8 billion budget for courts and tribunals, which includes £287 million for capital investments in court infrastructure.

The GuardianLammy to fund unlimited sitting days - but still curb jury trials

The funding package is designed to address both the backlog of cases and the deteriorating condition of court facilities. Lammy emphasized that while investment is crucial, it must be paired with reforms to ensure timely justice. The government’s strategy includes enhancing the operational capacity of magistrates’ courts and planning for the judiciary's needs over the next three years.

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Despite the positive reception of the funding increase, there are significant concerns regarding Lammy's intention to curb jury trials. Critics, including Fiona Rutherford, chief executive of the legal think tank Justice, argue that reducing jury trials could undermine public trust in the justice system and lead to miscarriages of justice, particularly affecting marginalized communities. Riel Karmy-Jones KC and Andrew Thomas KC from the Criminal Bar Association have called for the preservation of existing rights to trial by jury, stressing that any reforms should prioritize efficiency without compromising fundamental legal rights.

Lammy to fund unlimited sitting days - but still curb jury trialsThe Guardian

In his announcement, Lammy stated, “I have agreed with the judiciary to fund unlimited sitting days in the crown court next year so they can sit at their maximum and so we can turn the tide on the backlog as quickly as possible.” He acknowledged that investment alone would not suffice, emphasizing the need for pragmatic reforms and modernization of the justice system. Law Society president Mark Evans welcomed the funding but highlighted the necessity for adequate staffing, including judges and legal representatives, to effectively manage the increased case load.

The Guardian

While the government’s funding initiative has been largely welcomed, there is a notable divide regarding the proposed changes to jury trials. Some sources indicate that Lammy's reforms may include the introduction of judge-only trials, which has sparked significant opposition from legal professionals who fear it could detract from essential reforms needed to address the backlog.

Lammy to fund unlimited sitting days - but still curb jury trials

Further announcements from Lammy are anticipated, particularly regarding the implementation of efficiencies highlighted in the second part of Sir Brian Leveson’s review, which may include the expansion of remote hearings and other procedural reforms aimed at enhancing the efficiency of the justice system.

The Guardian