Defendants on bail are having to wait over 3 years for a trial date at the busiest Crown Court in England and Wales, but those with the money to do so can have their case treated as a priority, the mouseinthecourt can exclusively report.
A defendant stands in the dock. ‘Not Guilty‘ he says, twice, in response to charges that he has committed ABH, and an assault by beating.
This man is lucky – with just two witnesses his trial can be dealt with in 3-4 days – and this qualifies it for the so-called short bail list – a dedicated pair of courtrooms exclusively reserved for these kind of cases.
As an extra bonus this defendant isn’t relying on legal aid – he is paying the litigation fees from his own pocket. ‘Can we give priority to this case as it’s privately instructed?‘ asks Her Honour Judge Rosa Dean, top judge at Snaresbrook since September 2022.
‘Yes‘ replies her clerk.
‘Ok Mr [Defendant], we’ll see you in the summer’ comments the judge as the hearing ends. He has managed to secure a trial at the end of May 2026. This is entirely how a working justice system should be, but others are not so fortunate.
The backlog of cases at Snaresbrook stood at some 4,200 back in September, as this recent article by the BBC reports: How did the courts backlog get so bad?
One such case among the thousands queuing up, seen on this cold December day, involves an allegation of serious sexual offences against a child.
The willingness of the child’s mother to support the prosecution, who was said to be ‘quite a serious drug addict‘, adds further complexity to an already difficult case.
The judge seeks confirmation that the child is safe, she is, and gives instructions that ‘very highly trained sensitive officers will need to speak to this child. Please make sure these officers are of the utmost experienced‘.
The wife of the defendant, married to him for 30 years, stood nervously in the witness box to confirm she will deposit £3,000 into court funds to ensure her husband’s compliance with the bail conditions.
His Honour Judge Charles Falk considers that this matter is not suitable for the short bail scheme. The earliest trial date that can be given is 2nd April 2028.
‘I’m sorry, that even for a matter of this sensitivity, that’s the best the court can do‘ the defendant was told.
He’ll be back in court in 832 days.
Her Honour Judge Sandy Canavan had a similar case in her court too.
This defendant was charged with nine offences variously involving rape, strangulation, and controlling and coercive behaviour, all against his own wife.
Having been granted bail at an address down south, with one of the conditions not to enter the M25, HHJ Canavan tells him ‘you will be living in Hampshire until 2028 … you won’t be coming to London‘.
His trial date is set for 24th April 2028 … in 854 days.
Defendants who are held on remand get priority trial dates – the law imposes so-called custody time limits which require defendants to be tried within 6 months of first being locked up.
A man accused variously of 11 counts relating to the possession and supply of drugs appeared via a video link from prison. He pleaded not guilty to all charges in this hearing before His Honour Judge Ross Cohen.
The next available trial date, for those held on remand, of 12th August 2026 disappears when he is subsequently granted bail – now the next available date is 23rd April 2029.
In closing remarks to the defendant, sat in a white shirt in the dock, the judge says “your case won’t be for quite some time, I’m afraid“.
He’ll return for trial in 1,219 days.
A similar fate befalls a defendant, who had just turned 19, appearing before His Honour Judge Noel Casey in the courtroom next door.
His trial date of 22nd April 2026 evaporated with the granting of bail – to 16th April 2029. Some 1,211 days in the future.
A rather bittersweet victory as defendants face a rather cruel choice – stay in prison for a short period of time, or be released in time for Christmas and have the prospect of prosecution hanging over your head for years to come.
The substance of the hearing – whether his custody time limit could be extended – led to a revelation by the judge that had the defendant stayed in prison until the original trial date of April 2026 he would be considered time served anyway.
As it stands he has already served the equivalent of a 10-month-sentance.
Bail conditions include signing on daily at Bethnal Green police station, some 1,211 times, and complying with a GPS-monitored-curfew to stay at home between 7pm and 7am.
These are serious infringements on the liberty of someone who should be considered innocent until proven guilty. And even more so for a 19-year-old who has to be back home by 7pm.
The conditions are also unsustainable: As a curfew is equivalent to 0.5 days in prison, it is likely the defence will make a application in due course that the defendant is time-served and all conditions should be relaxed.
A second layer of cruelty inherent in the modern system – where defendants complete the punishment before conviction.
Earlier this year in March this site reported on a defendant who had to wait 43 months for a trial date prompting the judge to reply “wow” when told the date by his clerk.
The Law Society Gazette, who picked up this story, commented that 3.5 years ‘is thought to be the longest delay in a case due to the Crown court backlog‘.
Sadly, this length of waiting now seems routine, and is destined to grow bigger and bigger, with defendants, and complaints stuck in
Don’t get me wrong, individuals who commit crimes should be punished. But it’s in everyone’s interest that justice happens promptly.
Reporting by investigative journalist Daniel Cloake
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