Having been in practice for nearly 40 years it becomes increasingly noticeable that the judicial system is on its knees.
The police and the CPS tell us that they are overworked and understaffed and the courts are inundated with trials.
Pressure on the Criminal Justice System
We think that some of this can be laid at the door of the Legal Aid Agency and the way that they pay, particularly barristers (counsel) in legal aid cases.
That aside, trials which are already listed 12 to 18 months after a hearing in the Crown Court known as a Pre-Trial Preparation Hearing (PTPH), are being removed from the list at the last minute ie on the Friday before a trial is due to start on a Monday, or sometimes on the Monday that a trial is due to start.
Crown Courts Most Affected by Delays
We note that although this can happen in almost any court in England and Wales, the courts that do this more often than others tends to be in the Derby/Nottingham/Leicester/East Midlands area.
A Recent Case Example
We have recently (April 2026) had a case removed from the list in such a manner. The court relisted it for May 2027.
The complainant in the matter made a complaint to the court and not only that, wrote to her MP, who raised the matter in Parliament, to the extent that correspondence was sent to the Presiding Judge of the Derby Crown Court, who asked that the matter be brought into court for a short hearing to discuss this point.
Parliamentary Intervention in Criminal Cases
Everyone expected the judge to explain to the complainant that this is the way things are at the moment and sadly the trial will restart as listed, in May 2027.
To everyone’s surprise, the judge indicated that there had been some kind of Parliamentary intervention and as such that the trial had to be relisted sooner. This means that the trial was relisted for July 2026 ie approximately 8 weeks from the date of the preliminary hearing.
The Impact on Defendants
This caused a great deal of difficulty for the client who was paying privately (as all our clients do) and rather than having approximately 12 months to find the money he then had less than 12 weeks.
We think that it is going to be increasingly the case that this will happen.
Concerns About Fairness in the Justice System
Once the complainant has spread this information on social media and no doubt the MP, in a like manner, anybody who faces such a situation, in the future, is likely to go down a similar road.
One has to wonder what would have happened if the defendant had written to his MP and sought Parliamentary intervention?
We doubt that anything would have happened. No-one seems to care about the defendants in these cases.
We do!
Speak to Sutton Defence Lawyers
Should you require any advice in relation to the judicial system, your case, or at all, please do not hesitate to contact us in any of the following ways –
Contact us by emailing stuart@ssdll.co.uk or call 07798 753 720 to arrange a confidential discussion.
Frequently Asked Questions
What is a PTPH hearing?
A PTPH is a Crown Court hearing used to prepare a criminal case for trial.
Why are Crown Court trials delayed?
Court backlogs, staff shortages and limited court availability can all cause delays.
Can a criminal trial be removed from the court list?
Yes. Trials are sometimes vacated and relisted at short notice.
Can an MP intervene in a criminal court case?
MPs can raise concerns with government departments or court officials, though courts remain independent.
How long can Crown Court delays last?
Some criminal cases are delayed for many months or even years.
Do court delays affect defendants?
Yes. Delays can affect finances, stress levels and trial preparation.
What happens if a trial is relisted sooner?
Defendants and legal teams may have significantly less time to prepare.
Can I get legal advice about court delays?
Yes. A criminal defence solicitor can advise you about delays and court procedure.
