Ineffective cases at Bradford Crown Court 'due to lack of funding'

It comes after new data revealed more than a quarter of trials at Bradford Crown Court did not go ahead on their scheduled date in 2021.

Ministry of Justice figures show 29 per cent of 546 trials listed at Bradford Crown Court in 2021 were classed as ineffective - marking a 33 per cent decrease year on year.

Meanwhile 45 per cent of trials at Bradford Crown Court were 'cracked' – when the Crown Prosecution Service drops the case or the defendant pleads guilty – and 25 per cent of trials went ahead as planned.

Photo of the law courts.

But for Abigail Langford, head of the Criminal Law Team at Broadway House Chambers in Bradford, the figures represent "an emotive distraction from the real crime" of underfunding.

"It is the harsh reality that decades of under-funding of our justice system has eroded any ability for it to cope with demand," Ms Langford told the Telegraph & Argus.

"That demand has risen due to the covid pandemic, and also political influence about which offences should take priority. 

"Whilst the Covid 19 pandemic can be said to have added to the backlog of cases, that backlog was already unacceptable. Those of us who work in criminal justice can recall only too well days when court centres sat as few as three court rooms when there were eight or so that could be utilised. 

"That was not the decision of the judges in those centres but the government in their refusal to fund their use. Without funding from grass roots all the way to the judiciary, justice will suffer.  

"Cutting of funding, and overwhelming workloads lead many practitioners to leave the legal profession. They do not then work through the ranks to become judges. Without judges we cannot run court rooms. It is a cycle. 

"Overwhelmingly, many feel that the headlines about conviction rates, and reporting rates are an emotive distraction from the real crime: that is the lack of funding across the whole system."

"Trials that are resolved are not a matter for statistical criticism, they are evidence of the professionals doing what they do best. The reporting of and conviction rates for some offences has become something of a political weapon. It shouldn’t be.

"All offences are serious for those impacted by them. Focus on detection, and punishment for crime, should be across the board and not just for certain types of offence.

"Overwhelmingly, many feel that the headlines about conviction rates, and reporting rates are an emotive distraction from the real crime: that is the lack of funding across the whole system."

Trials can be labelled as ineffective for many reasons, including the defence or prosecution not being ready, witnesses being absent or 'overlisting' – which means some cases will only be heard if court time becomes available.

View of Bradford Crown Court.

Of the 161 ineffective trials at Bradford Crown Court last year, 50 involved alleged violent offences – the most common type.

This was followed by drug offences (29) and sexual offences (26).

The MoJ said its almost half a billion investment in court recovery shows it is doing everything it can to deliver swifter access to justice.

A spokeswoman added: “While the unprecedented impact of the pandemic has led to large numbers of court staff and counsel falling ill or being forced to self-isolate, our decisive action has kept justice moving."

Philip Davies MP (Conservative, Shipley) said: "Delays are bad for victims, witnesses and defendants who want to clear their name.  

"However, they are good for defendants who are guilty as there's potentially a better chance of them not getting convicted of their crime. The one thing that certainly suffers is justice - justice delayed is indeed often justice denied. The backlog is already bad and the indications are that it is only going to get worse.

"This has been another negative impact of lockdowns, and everything must be done to catch up."

Of 21,805 crown court trials across England and Wales last year, 48 per cent were effective – the lowest proportion in a decade.

The Law Society of England and Wales said victims are facing are "unacceptable" delays and some are being forced to wait years for justice, while potentially innocent defendants are also left in limbo.

Stephanie Boyce, the society's president, said the coronavirus pandemic is one factor, but lack of capacity in the system is another.

She said: "Decades of underfunding and cuts mean there simply aren’t enough judges, prosecutors and defence lawyers left to cover the huge backlog of cases.

“Defence lawyers will continue to leave the profession in their droves, and we will no longer have a criminal justice system worthy of the name, unless the Government changes tack urgently.”