A judge has joined the growing outcry against empty courtrooms that are causing an "unacceptable" backlog of cases waiting to be heard.

Michael Stokes QC, who recently retired from The Bench, was formerly Leicester Crown Court's senior resident judge and also Recorder of Nottingham.

He spoke out against the government cutback on judges' court hours, after Leicester barrister Jonathan Dunne's survey revealed that 50 per cent of many courts across the country were "doing absolutely nothing" on Monday.

In Leicester the situation is even worse, with only two out of six criminal courts being used so far this week.

Mr Dunne said the courts were simply being run on "a shoestring," despite government "spin" about spending more money on police and prisons.

Two year delays in bringing cases to court are not unusual - but a Government spokesman said waiting times for crown court trials are "the shortest since 2014".

Judge Stokes said: "While high profile cases continue to be dealt with expeditiously and are tried within a reasonable time, this is not what happens in the average case.

“Imagine you are the complainant in a rape case.

“After undergoing a distressing and intrusive medical examination, waiting for an overburdened police service to complete its investigation, then enduring a further, sometimes extensive delay before the CPS reached a decision to prosecute, the case appears before a judge for preliminary hearing (PTPH) perhaps six months later.

“The defendant pleads not guilty and the case is adjourned for trial. 

“At the present time, in most Midland crown courts, the trial date would probably be in the middle of next year.

“Part of the explanation for such an unacceptable delay is explained by the number of unused courtrooms.

“Then imagine what could happen as the trial date approaches. 

“After the case has been prepared by underpaid counsel and solicitors, at the very last moment the parties are informed that there is insufficient capacity for the case to be tried. 

“It is taken out of the list and given another date many weeks or months in the future.

Judge Stokes
Judge Stokes

“Such delay denies justice both to the genuine victim, who has to live with the stress created and the innocent defendant whose life is put on hold until the trial takes place. 

“It is simply unacceptable. It is also inefficient. 

“It plays into the hands of the guilty. 

“The obvious way of improving the system is for (guilty) defendants to know that if they plead not guilty they will be tried in a matter of weeks, not months going into years.”

The extent of the problem

Mr Dunne, of KCH Garden Square in Leicester, compiled a list with the help of contributions from other lawyers which he says indicated how many rooms in each crown court were "doing absolutely nothing" on Monday.

Mr Dunne highlighted the problem when he announced on Twitter: "Across 34 Crown Court centres, there are 127 court rooms out of 260, doing absolutely nothing this morning.

"There are thousands of cases backed up, re-listed and delayed.

"Action has got to start matching the spin." 

Mr Dunne told LeicestershireLive today: "It's a great shame, I know that Leicester (Crown Court) is desperate to get through the backlog of trials.

"Victims of crime, witnesses and defendants will have to wait longer.

"Those in custody have to be dealt with within six months and they will be given priority which means those on bail will have to wait even longer.

"However, I do think the message that the courts need more investment is being delivered to the Ministry of Justice.

"I spoke to Bob Neill MP, the chairman of the Parliamentry Justice Committee and he was unaware there were as many as 50 per cent of courts that weren't sitting and he promised he'd bring it to the attention of the Lord Chancellor, Robert Buckland QC.

"The government says it's spending money at the beginning of the judicial process (the police) and at the end (prisons).

"But unless the court process - the bit in the middle - is working efficiently there's little point in spending money on the police to arrest more people or prisons to imprison more people.

"If those accused of crimes aren't being processed through the court system then justice is being denied.

"Trial witnesses might be keen to assist the police at the beginning of the process - but two years later they may not feel the same."

Mr Dunne said the situation had been escalating for 18 months.

He said: "Just because the court isn't sitting doesn't mean that burglars stop burgling; the backlog is only going to get bigger."

More funding needed

Richard Atkins QC, chairman of the Bar Council, said: "This latest news, that so many crown courts are sitting empty, will come as a devastating blow to those victims of crime who are waiting for their cases to come to court or who are waiting for justice to be done to those who have admitted committing crimes against them.

"Whilst I am encouraged by the news that the government intends to increase the number of serving police officers, funding must also be provided to ensure that those who are alleged to have committed crimes can be placed before a functioning court without delay.

"Justice delayed is justice denied, for all those involved in the criminal justice process.

"Courts should not be sitting idle but should be dispensing justice."

Mr Dunne described as "absolute nonsense" for the HMCTS to claim court disposals were at their lowest since records began.

He said that as well as Leicester's courts sitting idle, nine out of 18 rooms in the Central Criminal Court - the Old Bailey - were empty.

Seven out of 17 courts were empty in Birmingham last Monday and 13 out of 26 courts in Manchester.

A Courts and Tribunals spokeswoman said: "There is no shortage of judges in the crown court and sitting day requirements and waiting times are reviewed throughout the year, with additional recorders deployed according to demand.

"Last year saw a 12% reduction in crown court trial cases and the allocation of sitting days reflects this.

"Waiting times for these cases are the shortest since 2014.

"Each year, forecasts are made to predict the number of cases expected to make it to court and sitting days are allocated to reflect this. The number of trial cases in-hand at crown courts is the lowest since 2000 (24,777) and waiting times are the shortest since 2014 (18.7 weeks from first hearing to trial).