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A crown court judge has refused to extend the custody time limit to keep a man in prison awaiting trial and accused the government of underfunding the criminal justice system during the pandemic.
Amid a growing backlog of cases, Woolwich Crown Court Judge Raynor issued a highly critical 24-page ruling Tuesday on the case of a 19-year-old who has been detained for nearly a year. He compared the “inadequate” efforts of the Ministry of Justice with the success of the emergency courts in Spain and South Korea.
It is the second time in the last month that the same judge has warned that he cannot repeatedly order defendants to remain behind bars if the court system does not bring them to trial.
Over the weekend, the government announced that it would have to extend custody time limits to deal with delays caused by the partial closure of the courts during the shutdown. The Justice Ministry also pledged £ 80 million and an additional court staff of 1,600, and towards more “Nightingale” emergency courts.
The number of Crown court cases awaiting trial has risen to almost 44,000 and the criminal justice system is collapsing under pressure.
The MoJ has said that more than 90% of court buildings are open, although not as high a proportion of courts are used. She is planning to open more Nightingale emergency courts.
In his ruling, Raynor said: “Given that the coronavirus situation has been, and continues to be, exceptional, the level of response should, since the start of the pandemic, have been very significant.
Even taking into account the exceptional circumstances created by the coronavirus pandemic, the proposed expenditure of £ 80 million, given the scale of the problem, does not amount to a very significant expense.
“The judicial systems of other countries made timely preparations, towards the beginning of the pandemic crisis and, for example, the concrete measures implemented in South Korea and Spain show what can be done when the systems are financed at an adequate level.”
The government’s proposals to reopen the courts, the judge said, “fall far short of the [right to a fair trial guaranteed by the European Convention of Human Rights] ‘regardless of cost’ “.
He added: “The lack of money provided by parliament to provide sufficient space for trials to take place does not amount to good or sufficient cause to extend the custody time limit in this case.”
The Criminal Bar Association, which represents lawyers working in the criminal courts of England and Wales, said the ruling exposed the “totally inadequate” speed of the government’s response to the crisis.
James Mulholland QC, President of the Association of Criminal Lawyers, said: “If there is one conclusion to be drawn from this ruling, it is the need for the crown court to have the exclusive use of many more [emergency] Nightingale courtrooms.
“These courts cannot get there fast enough for crime witnesses who can wait years to testify or for those now languishing in custody up to double custody time limits desperate to clear their name.”
Attorney General Robert Buckland said: “Throughout the pandemic, this government has taken the necessary steps to protect the public and ensure that justice continues.
“This temporary extension of custody time limits will keep victims and the public safe, and we must not apologize for making that our priority.
“At the same time, the measures will put the criminal court system back where it belongs, reducing delays and providing faster justice for all.”
