Imagine this: you’ve been the victim of a sexual offence. The perpetrator is charged three years after you’ve reported the incident. Your Crown Court trial is adjourned six times. The perpetrator is finally sentenced after waiting five years.  

Justice has been served. Yet the moment doesn’t fill you with the sense of retribution that you’d imagine. This guilty verdict comes at the expense of a mental and physical burden that only you know of. 

What seems like a simple anecdote represents the realities of many people who come face to face with the justice system in England and Wales. The Bar Council’s most recent report on our court system outlines the continued issues of underfunding, inadequate court infrastructure and severe backlogs. Our justice system has already been pushed past breaking point, yet the question remains: how far will we let this go? 

The key issues: 

  • Underfunding: Funding for our justice system is 30.4% below where it would have been had it kept up with UK inflation and population growth.
  • Severe backlogs: In September 2025, the backlog of cases was 79,616 and, as of March, it has officially surpassed 80,000.
  • Strict legal aid eligibility: Only those living in deep poverty would find themselves eligible for legal aid, requiring an income that is 80% below the minimum standard income.
  • Professional discontent: Civil and criminal barristers, forced to work extensive hours at poor rates, are increasingly leaving the profession. According to the Criminal Bar Association (CBA), 35% of criminal barristers work seven-day weeks, with many suffering failed marriages as a result. 

Why is this relevant? 

Access to justice is an instrumental component of the rule of law, which essentially suggests that rights cannot exist without the effective legal mechanisms to implement them. In other words, rights that are not enforceable are simply illusory. The challenges posed by our contemporary legal system undermine access to justice in various ways. Prima facie, many can’t afford legal representation. However, the backlog of cases and general inefficiency of the courts have also inhibited others from bringing their cases forward. 

A report published by the Victims’ Commissioner stated that the frequency with which cases are adjourned causes victims immense stress, which subsequently impacts their mental and physical health. Many victims feel as though they’re stuck reliving their traumatic experiences until justice has been served, and so feelings of hopelessness cause them to eventually disengage. The impracticality of taking days off work only to not be reimbursed when a trial is rescheduled is another contributing factor. Individuals are choosing not to bring their cases to court, which, in and of itself, undermines the intended accessibility of the courts. 

Any hope? 

Unfortunately, the future of the courts looks rather dismal. The Law Society of England and Wales has called on Prime Minister Andy Burnham to reform the financial assessment (‘means test’) for legal aid. However, the test is one that has been awaiting reform since 2009. 

The UK government is also passing the Courts and Tribunals Bill, which will restrict jury trials and move more cases to the magistrates’ courts, in order to cut the astonishing backlog of cases. Nevertheless, legal scholars have warned that the intended Bill could threaten the fairness of our criminal justice system - risking longer sentences with fewer opportunities to appeal wrongful convictions.