Monday Message 03.02.25
The Leveson Review
In the CBA’s response to the Leveson Review we made eight proposals for immediate changes to start the process of fixing our broken Criminal Justice System.
Our first two proposals were to remove the cap on Crown Court sitting days, reopen mothballed courts and remodel other parts of court buildings, such as unused catering facilities, to increase capacity.
Plainly, the court estate requires immediate investment into its infrastructure. Too often, progress in reducing the backlog is hampered by leaking ceilings, infestations, freezing court rooms and cells, technology failures, broken lifts and unsafe spaces. It is depressing and demoralising for our Resident Judges, Court Staff, Listing Officers, criminal Barristers and all other professional Crown Court users that our efforts to make a change are thwarted by additional closures to court rooms for these issues. This is not simply an issue for Victorian buildings. Our newer, larger court centres are also struck by the same difficulties. We are grateful to the Listing Officers and Resident Judges who are keeping the Criminal Bar informed of the difficulties and their attempts at solving them.
Halts to progress because of these problems are avoidable if the Government provides HMCTS with sufficient funds to have a national buildings’ recovery programme. Whilst the Government are not to blame for the current state of court buildings, the question is what their legacy will be. It is hard enough to explain to a person waiting for their trial to be heard that it is to be adjourned, without having to explain that the actual reason for that is because the court room’s roof is leaking. The response received from victims and those accused of crime, waiting to have their trial is the same, and one we wholeheartedly adopt: “Tell them to fix it then.”
The CBA are not against the modernisation of the Criminal Justice System but before substantial amounts of money are spent on any form of intermediate court system, we need to fix the infrastructure, to retain and recruit the legal practitioners who are dealing with the most serious criminal cases across England and Wales. Those waiting for justice, for their cases to be heard, deserve nothing less.
Our other concerns about the administration of the Criminal Justice System relate to cases having to be adjourned because there is no interpreter available to attend court or because prisoners are arriving too late for full use of the court day to be made. The most recent statistics demonstrate that 3,722 requests for interpreters were met with failure in the last six months of 2024. This is more than double the number of failures in 2023.
The remainder of our eight immediate points of action relate to ways to reduce the backlog. The proportion of trials which commence as planned has been fairly stable for two years at 43%. About 32% of trials resolve on the day of trial. We need to reduce the number of ineffective trials, not least because receipts of cases are increasing. Our recommendations as to increases in LGFS fees together with early engagement by all legal professionals are ways that we consider progress can be made. There has been a 35% increase in public order offences following the riots in the summer. The largest increases are for violence against the person and sexual offences. These offences are serious and must be dealt with in the Crown Court. The only means by which this can happen is if we are able to retain the criminal Barristers who prosecute and defend these crimes. Too often we are never mentioned.
Our response to the Leveson Review can be read here.
The Daily Telegraph Interview
We are grateful for the time taken by the Daily Telegraph Home Affairs editor Charles Hymas to listen to the concerns of the Criminal Bar, as part of his ongoing in-depth coverage of every aspect of the criminal justice system and the professionals tasked with keeping the system from total collapse. Please click here for a wide ranging interview that fairly summarises various complex and important issues, which have also been covered in number of Monday Messages.
The Prison Crisis ITV’s Tonight Programme
We are grateful to ITV and to the Tonight programme for its coverage of the crisis in the prison estate and for explaining the reality of life behind bars for those accused of crime. One in five of the prison population is on remand. The rates of self-harm and death are alarmingly high. Hearing from a victim of domestic abuse who was brave enough to talk to the producers about her perpetrator who was almost released early from his sentence in error was a good reminder of the importance of getting this right. Swift justice may be anything but. The error was corrected by the MOJ in advance of any actual release in this case.
Applications to become a Recorder
Currently, some of our members are part way through a process of stringent testing to see whether they will pass the tests so that they can perform another public service in addition to their day job, that of Recorder. We wish all of those undertaking these tests good fortune. The experience and skill set that criminal Barristers bring to this role also assists in reducing the backlog of cases in the Crown Court.
Pupillage Applications
The deadline for applications for pupillage through the Bar Council pupillage Gateway is 6th February 2025. We wish all those applying to join the profession well. We remind you to demonstrate to us within the application who you are and why you want to join us. Do remember that the Criminal Bar is a wide profession and pupillage can be obtained through Chambers, and in many other places including the Crown Prosecution Service, the Government Legal Service, County Councils and in some firms of Solicitors. We will, of course, bring attention to any such offers if they are forwarded to us.
The Kalisher Essay Competition
Do remember that the deadline to enter this competition is the 28th February 2025. Details can be found here.
Wellbeing
We appreciate that the additional strains and stresses caused by cases being adjourned at the last minute due to structural issues with court buildings may feel like the last straw for some. Our wellbeing committee, headed by Gerwyn Wise is here to help. Our wellbeing protocol can be found here.
Human trafficking and Exploitation
We commend this lecture to you which is due to take place on Wednesday 19th February 2025. Our speakers are Gerwyn Wise, the author of A Practical Guide to County Lines, Human Trafficking and Exploitation and Paramjit Ahluwalia who is a contributing author to Blackstone’s Criminal Practice in the chapter on Modern Slavery and Human Trafficking.
Progress within the profession
Statistics make it plain that in all branches of the profession and, sadly, that includes the Criminal Bar, there are still significant discrepancies of income and career progression for women, for ethnic minorities and for those with disabilities. This cannot continue. We are producing a survey for the Criminal Bar to begin the process of meaningful change. When you receive it, please do complete it. Without clear data as to where the problems are and why they continue we cannot begin the process of fixing them.
The Annual Spring Dinner is back
Our annual dinner will take place on the 16th May 2025 in Inner Temple Hall. We look forward to seeing as many of you there as are able to make it so we can celebrate the achievements of our members and enjoy each other’s company. The guest speaker is the Right Honourable Lord Justice Green, The Senior Presiding Judge. Details of how to book your tickets can be found here.
Yours,
Mary Prior KC
Chair of The Criminal Bar Association.