Lack of funding and more complex cases blamed for justice system delays

A lack of funding and more complex cases have been blamed for delays in Northern Ireland’s justice system.

Stormont’s Justice Committee heard that the time cases take to go through the court system has spiralled over the last number of years.

Michael Agnew, deputy director of public prosecutions at the Public Prosecution Service (PPS), said the median number of days for a crown court case to complete, from report to police to court conclusion, is approximately 750.

This is around 200 days longer than it was in early 2020.

Mr Agnew also described as concerning the number of live cases currently in the crown court – 1,280, up from 670 in early 2020.

Meanwhile 2024 saw 1,505 cases enter the crown court, the highest since 2007.

The ongoing criminal barristers’ strike over legal aid fees is resulting in a very low disposal rate, driving caseloads and delay up further, he added.

Mr Agnew also referred to living in an “increasingly digital world” which is complicating investigations and prosecutions, in terms of evidence and material considered for disclosure.

He said the number of cases in the crown court increased to more than 1,200 within 18 months of the coronavirus pandemic.

“It was brought back to below 1,000 in April 2023, but the general trend since then has been an upwards one which is obviously concerning,” Mr Agnew said.

“These two trends, the increased levels of cases in the court system and the increased delay are obviously linked.

“A system that becomes more and more stretched becomes less and less efficient as a limited number of practitioners spin multiple plates and are unable to focus sufficiently on individual cases to progress them meaningfully towards a conclusion.

“There is no doubt the pressures in the crown court are very significant, and we need to understand and be realistic about the current situation and the challenges that lie ahead.”

Mr Agnew also said the proportional budget strength of the Department of Justice has declined while demand on the justice system as a whole has risen.

He said the PPS budget has seen inflationary pressure of 40% since 2015/16, but it has been increased by 22%.

Meanwhile Mr Agnew referred to an adversarial justice system, in which he said delay “will often work in favour of a defendant”.

“Dragging a case out can, in certain types of cases, lead to a victim withdrawing their evidence, or generally just being so keen to move on with their life that they will be content for a case to be resolved by way of a plea to a lesser offence,” he said.

In terms of potential solutions, Mr Agnew referred to work by Lord Leveson in England and Wales looking at how to address backlogs, which recommends resources as well as structural reform and improved efficiency.

“We recognise the importance of delivering reform, but need support to do so,” he said.