Court Cases: Backlog

Oral Answers to Questions — Justice – in the Northern Ireland Assembly at 2:45 pm on 1 March 2021.

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Photo of Harry Harvey Harry Harvey DUP 2:45, 1 March 2021

1. Mr Harvey asked the Minister of Justice for an update on the current backlog of cases in the court system in comparison to pre-pandemic levels. (AQO 1656/17-22)

Photo of Naomi Long Naomi Long Alliance

At 1 February 2021, there were around 10,000 criminal cases, compared with approximately 8,100 cases in March 2020. That increase is down significantly from a high of approximately 12,800 cases in the court system in September 2020. Although jury trials have recommenced, the number of new cases coming into the system currently exceeds the number of trials held.

It is not possible to accurately determine the overall backlog of cases for civil business in exactly the same manner as for criminal. However, business volumes in the County Court are currently around 60% of those in the first 11 weeks of 2020 prior to lockdown.

Family court receipts and disposals declined from the start of lockdown. However, the dip in receipts was less marked than those seen in other business areas. Following the reopening of most courts in August, the average number of receipts and disposals has increased significantly and now slightly exceeds pre-lockdown levels.

Photo of Harry Harvey Harry Harvey DUP

Will the Minister outline how she plans to address the backlog?

Photo of Naomi Long Naomi Long Alliance

The Member will be aware from previous answers of the work that has already been done in the criminal justice system to ensure that we are able to continue to work our way through the backlog. Court business was initially consolidated into five court hubs to facilitate the delivery of urgent matters whilst maintaining the safety of all court users and staff in line with public health advice. Following a series of COVID-19 risk assessments, significant work has been undertaken to make sure that court buildings are kept safe, secure and clean and that social distancing occurs in line with Public Health Agency (PHA) guidance.

The Northern Ireland Courts and Tribunals Service (NICTS) continues to move forward towards full business recovery following the initial peak of the COVID-19 pandemic. Only three of the smallest hearing centre venues are now non-operational. Those venues will be risk-assessed in due course. However, the initial focus has been on the larger venues, which offer greater flexibility. The reopening of the court estate, along with business directions from the Office of the Lord Chief Justice, has seen the full range of services resumed by the end of September 2020, albeit at reduced capacity due to the necessary social distancing.

Photo of Cathal Boylan Cathal Boylan Sinn Féin

There was excess funding available in this financial year: did you bid for additional funds to tackle the backlog?

Photo of Naomi Long Naomi Long Alliance

There are a number of areas where we received additional funding for the court service. However, the current underspend is not something that we could bid for and use in this year, which is the requirement as things stand. The physical measures that were put in place and a number of the other options including, for example, hiring external venues to allow for additional circulation space, such as at the international convention centre (ICC) at the Waterfront Hall, has all been paid for either through additional receipts from the Department of Finance or from the reallocation of funding in the business area of the Department of Justice. Where some of our business was not able to be completed earlier in the year, we have been able to use that money in order to support recovery.

Photo of Doug Beattie Doug Beattie UUP

I know that an awful lot of work has been put into this over this last number of months. I know that you have been creating COVID spaces for jury trials. Will you let us know how you are getting on with the ones that are due to be finished in April in Antrim, Dungannon and Newry?

Photo of Naomi Long Naomi Long Alliance

Work is being done in the three smaller courthouses, which are not operational at the moment. They are still undergoing risk assessment, and that work will be completed in due course. However, by the end of the current phase of work, we will have more jury court space available than we did pre-pandemic. We have more courtrooms that are able to operate for jury trials, even with those three facilities closed, than we did at the start of the pandemic. I think that 13 courtrooms will be able to operate for jury trials.

There is an issue with jury trials that is to do not with capacity in the system but with the complexity of the trials. For example, where you have multiple defendants, you will have multiple legal teams and a much larger group of people in the court system. Whilst they can be physically accommodated, trials of that nature run the risk of someone in that trial system being identified as having contracted COVID or of having been exposed to it and needing to self-isolate. For that reason, those more complex trials are much more difficult to schedule. Most of the jury trials that have been proceeding to date have been those that are slightly shorter cases that can be seen in a number of days rather than weeks and those that have single defendants.

Photo of Kellie Armstrong Kellie Armstrong Alliance

Will family courts be able to sit into the summer to allow that critical service to continue and avoid further delays, especially when we hear that so many people have partners who have used COVID to postpone hearings?

Photo of Naomi Long Naomi Long Alliance

I thank the Member for her question. The family proceedings courts (FPC), in which most family cases are dealt with, are part of the Magistrates' Court tier. Those courts remain open throughout the year. Family care centres (FCCs) at County Court level and the High Court family division normally have recess over the summer; however, judges will be available for hearings at both FCC and High Court level during the summer, as they were last year, where a hearing is considered appropriate.

From mid-April 2020, family cases that have been received and disposed of have steadily increased. Following the reopening of most courts in August 2020, the average number of receipts and disposals has increased further and now slightly exceeds pre-lockdown levels. The number of Children's Order sittings between July and December was 5% higher than in the same period in 2019. Some 13·5% more hours were sat between July and December 2020 than in the same period in 2019.

There comes a point, however, when we need to look at the capacity in the system in terms of the judiciary and others qualified to hear cases, as well as the physical capacity and the time available in the courts. It is about ensuring that there is a proper balance in all that as we go forward. The Criminal Justice Board (CJB) fulfils that role for the work that we do in the criminal courts, but we also work in the civil courts as far as possible. The Member will recognise that many of the control elements are not in the gift of the Department of Justice in civil matters.

Photo of Gerry Carroll Gerry Carroll People Before Profit Alliance

Over 1,000 magistrates' defendants were received through the court process for the non-payment of TV licences from March to December last year. How fair is that, when so many people are waiting for court cases for instances of serious crime, which you referred to?

Photo of Naomi Long Naomi Long Alliance

The scheduling of cases in the courts is not a matter for the Department of Justice; it is entirely a matter for the independent judiciary. It is not for me to tell it what should and should not be prioritised, and it would not be appropriate for me to comment on the Member's question.