A MURDER trial at Cardiff Crown Court only started on time “once or twice” in 60 days because prisoners were repeatedly brought to court late.
One of the barristers involved said: “The prisoners were needed at court by 9:30am to be able to start at 10am each day. That only happened once or twice.
“We were, on a daily basis, waiting for them. Sometimes they were produced just in time for 10am but not able to be seen by counsel before starting the evidence for the day. On most days we could not start until 11am or 12pm.”
This is just one example of court delays caused by the late delivery of prisoners to court outlined in a new report by the Bar Council, the body that represents all barristers in England and Wales.
Research based on reports from barristers has shown the “endemic” and “routine” nature of delays caused by the late delivery of prisoners to court, casting doubt over the validity of official data.
Over 4 months (February to June 2026), more than 200 reports were made to the Bar Council across England and Wales – averaging 13 per week – of instances where individuals in custody were brought to court late or not at all.
Some 15 of the reports were about courts on the Wales and Chester Circuit.
Cardiff Crown Court featured in 7 reports by barristers – the joint eighth highest. Chester Crown Court received 4 reports, while Swansea Crown Court received three and Newport (South Wales) Crown Court received two.
Other reports from barristers at Cardiff Crown Court highlighted in the report include:
- The overall loss of a fortnight in one case.
The barrister said: “The delay in producing the prisoners I think cost us a total of two weeks court time lost during the case.” - A pregnant defendant felt so unwell due to the delays that she was hospitalised after the trial.
The barrister said: “No reason [for the delay was given] but defendant was very upset as she believed they had forgotten her and had informed her mother who notified me she was [heavily] pregnant at the time.
“The following day they removed her from the court list and didn’t send a van for her at all until the judge directed that she must be brought so again there was a delay.” - A defendant was taken from HMP Swansea to Merthyr Tydfil Crown Court before being brought to Cardiff Crown Court, instead of being produced directly.
The barrister added: “This meant a delay of one hour in a very short (two-day) trial. By the time the defendant arrived he had been in the prison van for many hours.”
Barristers said delays are “routine”, describing trials not starting until the afternoon with whole weeks of cases being lost due to the delays, wasting time and resource.
A quarter of all reports (24%) said the delay lasted more than 5 hours, and 34% said they were delayed for between two and 5 hours. Almost half of reports (47%) said the delay had a “significant” impact on the smooth running of the case.
According to the Ministry of Justice, contractor performance for delivering prisoners to court remains consistently above 99%.
The Bar Council research found there is a “chasm” between reported delays and official data as data currently available through Prisoner Escort Custody Services (PECS) does not allow for full and accurate measuring of delays in prisoner delivery.
Nor does official data help untangle the reasons for the delays, which researchers found can occur anywhere along the journey from the prison cell to the dock and may or may not be attributable to the service overseen by PECS.
Sir Brian Leveson, when conducting his independent review of criminal courts, explored the challenges with PECS, which he said are complex and rely on multi-agency communication.
Delays were found to not only have a detrimental impact on the timely functioning of court cases but also the wellbeing of all those involved in the case.
The Bar Council is now calling on the government to urgently prioritise the avoidable delays caused by late prisoner delivery and to improve measuring the performance.
Christopher Rees KC, Leader of the Wales and Chester Circuit, said: “This is just a snapshot of the wider issue that barristers on the Wales and Chester Circuit are facing week in, week out.
“These delays don’t just affect defendants; disruptions in court have an impact on victims and complainants, witnesses, the family and friends of those involved, judges, barristers, and court staff.
“Rather than focusing on plans to cut access to jury trials, the government should instead ensure prison transport services are fit for purpose and provide taxpayer value for money.”
