The backlog of cases
Before lockdown, the criminal justice system was already under strain, with 37,000 crown court cases awaiting trial.
The pandemic intensified this pressure. Although some hearings were conducted remotely, many sensitive or complex matters were postponed in anticipation of in‑person hearings. An official inspectorate has warned that the backlog could take a decade to clear without significant intervention.
Proposed solutions
To address the crisis, Robert Buckland has outlined several proposals. These include establishing ten emergency “Nightingale” or “Blackstone” courts and temporarily suspending juries in certain either‑way offences, allowing trials to proceed before a judge alone. He has also suggested reducing jury numbers to seven in limited cases. These proposals have prompted concerns about fairness, procedural integrity and the long‑term impact on criminal justice.
Extending the court day
Buckland’s most recent proposal is to extend court hours from 9 am to 6 pm.
He claims this has received “a lot of support” from the judiciary and legal professionals. Speaking on BBC Radio Four’s Today programme, he emphasised the urgency of tackling the backlog and the need to channel collective effort into clearing cases as quickly as possible.
However, the proposal has been met with strong criticism from practitioners. Members of the Bar have voiced concerns on social media, and the Bar Council has publicly rejected the suggestion. Amanda Pinto KC, chair of the Bar, stated that lawyers would not support extended hours.
Working hours under scrutiny
The proposal has revived longstanding concerns about working hours at the Bar.
Practitioners have highlighted the reality of early mornings, late nights and demanding workloads. Joanna Hardy, a junior criminal barrister at Red Lion Chambers, described her typical day: waking at 5 or 6 am to prepare for a 10 am start, commuting long distances and often working until midnight. She emphasised that barristers are already stretched thin and that extending court hours would exacerbate existing pressures.
These accounts challenge the misconception that barristers work only between 10 am and 4 pm. In reality, preparation, travel and administrative tasks extend far beyond courtroom hours.
Problems with extending court hours
Several concerns arise from the proposal.
Firstly, extended hours risk worsening practitioner wellbeing. The demands of criminal practice already pose challenges for those balancing work with family responsibilities. As Katy Thorne KC notes, longer court days may disproportionately disadvantage women at the Bar, affecting both career progression and personal wellbeing.
Secondly, overworking practitioners threatens the quality of justice. Rushed hearings, fatigued advocates and strained court staff increase the risk of errors and mismanagement. The integrity of proceedings depends on adequate time for preparation and reflection.
Thirdly, health risks remain. Despite socially distanced hearings, encouraging more people to attend court increases the risk of coronavirus spread. Vulnerable clients, witnesses and court workers may face heightened exposure. The pandemic is far from over, and maintaining safe working environments must remain a priority.
The future of the court day
Addressing the backlog is essential, but solutions must be proportionate and sustainable. Extending court hours appears unlikely to gain support from practitioners and may impose high costs on the profession. The risks to wellbeing, equality and public health are considerable.
Alternative measures, such as expanding the number of functioning courtrooms, may offer a more effective and less harmful approach. The introduction of Blackstone courts could provide additional capacity without placing undue strain on practitioners.
Robert Buckland’s proposals may not be implemented, but they have sparked an important conversation about working conditions at the Bar and the future of the justice system. As the backlog continues to grow, the debate over how best to manage it will remain central to legal policy in the months ahead.
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