Case backlogs have reached record levels, leading to significant delays to justice. The rapid adoption of remote hearings has risked excluding vulnerable and non-professional court users.

The paucity of data collection and publication across the courts system is undermining transparency and makes it harder to diagnose deficiencies and improve access to justice. All of this, said the committee, is threatening to undermine access to justice and public confidence in the justice system.

The report, which is the first of three into the constitutional implications of Covid-19, makes recommendations in the following areas:

Impact of remote hearings and issues raised by backlog

The backlog of cases, which predated the pandemic, has now reached record levels. In the criminal courts, this is leading to lengthy waits for justice and a growing remand population. The number of outstanding employment and family cases has also grown significantly since the start of the pandemic, further undermining access to justice and public faith in the justice system.

The committee has recommended that the government set clear targets for the reduction of the backlog and publishes a timeline for meeting those targets. It has also recommended that further funding be made available to HMCTS to increase Nightingale courtrooms and sitting days.

Data in the courts system

There are real concerns that remote hearings are disadvantaging vulnerable and non-professional court users, as well as those with protected characteristics. But the requisite data to assess and address these concerns are not available.

The committee called on the government to make clear commitments to data reform across the courts service, prioritising the collation of data that will enable it to identify the effects of remote hearings on non-professional and vulnerable court users.

Role of technology in future of the justice system

The measures put in place to tackle the spread of Covid-19 have resulted in significant changes to the operation of courts and tribunals across England and Wales. The uptake of various technologies across the justice system, especially video, has accelerated at unprecedented speed.

The committee concluded that virtual proceedings were, and continue to be, necessary to maintain the operation of the justice system during the pandemic. However, the practical challenges of remote hearings have risked undermining or excluding participants and damaging access to justice. More research is needed to ensure that any adverse effects of online proceedings are mitigated and faith in the administration of justice is maintained.

Baroness Taylor, chair of the Constitution Committee, said: “There has been a monumental effort by all working in courts and tribunals to maintain a functioning justice system in recent months. We applaud the hard work of all those who have supported court users in these very difficult circumstances.

“However, recognition of the significant achievements in responding to the pandemic should not obscure the scale of the challenges that the courts continue to face.

“The courts system was not well prepared for disruption on the scale caused by the pandemic. Courts funding had fallen significantly in real terms over the preceding decade and a programme to modernise court technology was struggling to deliver the improvements needed.

“There is much work to be done to address the constitutional consequences of the pandemic for the courts. The government needs to renew its vision and increase the funding to achieve it. For justice to be done, and be seen to be done, considerable new effort and investment is required.”