Britain will consider adding a new intermediate tier to its court system, the justice ministry said on Thursday, as the government scrambles to deal with a record-high backlog of cases and a prison overcrowding crisis.

Britain has western Europe’s highest rate of incarceration, and is undergoing a prison capacity crisis due to tougher sentencing laws and long delays in the justice system that keep those awaiting trial behind bars.

Overcrowding forced the Labour government, in power since July, to release thousands of prisoners early.

Data showed the backlog at Crown Court, the courts that deal with serious criminal cases, has risen to 73,105. That is nearly double the 38,000 seen before the COVID-19 pandemic, during which lockdowns significantly delayed the system, and up from 67,573 a year ago.

A review will consider the creation of intermediate courts, where cases too serious for magistrates’ courts but not serious enough for the Crown Court could be heard by a judge, supported by magistrates.

The Review is expected to publish initial recommendations next year and will also consider whether magistrates should be allowed to look at more cases, freeing up capacity in the Crown Court.

The measures hope to ensure criminals appear in court more quickly while at the same time speeding up justice for victims, the government said.