Snaresbrook Crown Court is one of London’s listed court buildings
(Picture: PA Archive)More of the country’s courthouses could be shut down and sold off in the next decade in an attempt to ensure the justice system meets the Net Zero target, it has emerged.
Ageing and run-down courts which cannot be upgraded to cope with modern technology are particularly under-threat in plans drawn up by HM Courts and Tribunal Service (HMCTS).
A “consolidation” of the justice estate is expected by 2031, with “radical” plans also on the table to use office blocks and public buildings as ad-hoc ‘Nightingale Courts’.
The ten-year estates strategy – signed off by the HMCTS Board in March – has not been published but can be revealed today after an Evening Standard Freedom of Information request.
The news comes against the backdrop of a spiralling crisis in the criminal justice system, with barristers on strike over legal aid fees and the backlog of cases heading above 60,000.
The HMCTS strategy document sets out the pressure it is under to cut property costs in courts and tribunals by 2026, and is contemplating shutting down the “least efficient and sustainable” buildings, with court cases moved to “more modern, cost-effective and low energy/low carbon sites”.
Justice chiefs say they are looking to open new court buildings as replacements, plough funding into existing courthouses that can be modernised, make greater use of virtual hearings, and merge some justice buildings to “maximise potential capacity”.
But the strategy concedes: “Without reducing our estate footprint, replacing fossil-fuel heating or improving the energy-efficiency of our estate, we will miss both Greening Government Commitment targets in 2025 and 2030, and will not achieve Net Zero Carbon by 2050.”
Forty-two courts around the UK which have National Heritage listed status have been particularly earmarked for potential closure due to “disproportionately high” repair and modernisation costs, unless outside funding can be secured.
Snaresbrook crown court, a former orphanage in sprawling east London grounds, is one of the Grade II listed buildings in London, while the Royal Courts of Justice estate in central London is also on the protected list.
Inner London crown court is another Grade II listed building, and has been earmarked for possible closure by the Ministry of Justice since at least 2018.
“We shall be working with two constraints – first the iconic, historical nature of these sites, generally, resistance to closure from the public and stakeholders will be high; and second all but eight of these sites are criminal courts, meaning their replacement would be expensive”, notes the report.
Blackfriars crown court and Camberwell Green magistrates court were both shutdown three years ago, at the end of a decade-long programme that has seen 258 court closures across the country.
City of London magistrates court and the Mayor’s and City of London county court are already planned for future closure, to be replaced by a new justice centre of civil and criminal courts off Fleet Street which is set to open in 2026.
The HMCTS strategy for 2021 – 2031 accepts that judges, staff, and court users “simply make do” in crumbling court buildings at the moment, making it hard to assess which properties are in need of repair and upgrades.
It aims to set a “minimum property standard” in the future, and will use an algorithm to determine the impact of court closures as well as where new court buildings should be opened.
“We will prioritise investment for larger buildings to build resilience and will consider the condition of a building for further estates consolidation”, says the strategy authors, as it also sets out to take over the freeholds over some of its courts and tribunals.
“By the end of 2031 we will have in place new court buildings which are flexible, resilient and sustainable (and) have closed the least efficient and sustainable court buildings and relocated the work where possible to more modern, costs effective and low energy/low carbon sites.”
During the pandemic, a series of ‘Nightingale Courts’ were opened in conference centres, hotels, theatres, and public buildings to help boost capacity while social distancing measures were in place.
Nightingales are still in operation in London at Croydon, Barbican, Holborn, and Borough, with extra criminal court capacity also found at the High Court and the old Hendon magistrates court.
HMCTS is now looking to continue the Nightingale programme of ad-hoc temporary courts permanently, using them to tackle the backlog of cases where necessary.
The strategy accepts venues such as Peterborough Cathedral and Manchester’s Lawry Theatre – used as ‘Nightingale courts’ during the pandemic – would not now be appropriate, and HMCTS will “consider alternative temporary venue types (e.g. offices) for the future”.
“We will also engage with Local Authorities and the Police and Crime Commissioner to determine whether there are public buildings that can be used on an ad-hoc basis.”
A HMCTS spokesperson said: “In London, we will relocate courts and tribunals from older buildings to new, fit-for-purpose premises. There are currently no plans to close any London courts.”
