Reducing the rate of cracked trails at magistrates courts in England and Wales

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A trial cracks when it is cancelled on the day. Either the defendant changes their plea to 'guilty' and is duly convicted, or the Prosecution offer no evidence; the case then collapses and justice is not served. Cracked trials are the most prevalent form of failed trials. In 2020, 36 per cent of magistrates' courts trials cracked (Institute of Government, 2019). Cracked trials are a persistent problem, incurring significant costs to the public purse. Resources are wasted in preparing trials that do not go ahead, in addition to time lost by justices, prosecutors, solicitors, clerks and other court staff (Ashworth, 2010). A year of cracked cases was estimated to cost the Crown Prosecution Service alone, £21.5m in unused case preparation (NAO, 2016). Eighty per cent of cracked trials are due to a late guilty plea (Institute of Government, 2019). Victims and witnesses (from both sides), summonsed to testify have to be dismissed, often having endured months of stress leading up to the trial (Gormley, 2020, Cheng, 2018a). There is a paucity of in-depth research on the nature, causes and prevention of cracked trials and my research will fill this gap, identifying novel solutions. It will reduce unnecessary public costs and undue 'secondary' victimisation. Alongside qualitative interviews with magistrates, clerks, and solicitors, I will undertake novel analyses Ministry of Justice Data First data (MOJ, 2021). Overall, the value is to address an important cost to the criminal justice system and the public while being timely and innovative in its approach.