Monday Message 03.03.25

The National Survey
The CBA Survey closes today.

Midnight on Monday the 3rd March 2025 is the cut-off point for you to have your say. A large response to the survey is the key to enabling us to explain to the Government why they must invest in the Criminal Bar. It is our chance to explain what life is like for the 2,400 Criminal Barristers whose service to the profession and to the rule of law is focussed on publicly funded work.

Please do take these last few hours to help us make a difference and be your collective voice.

The link to the survey is here.

When we explain about what you tell us, this is described as “anecdotal complaints about individual cases.”  We need statistically sound data that can be analysed. Remember, this survey is open to all members of the Criminal Bar whether employed, self-employed, members of the CBA or non-members of the CBA.

Criminal Justice Statistics
On the 27th February 2025 the Government published further analysis of the statistics for 2024  in the Criminal Justice System. The statistics make interesting reading. Despite all of the well-rehearsed problems within the Crown Court the Criminal Barristers are working flat out to ensure that those cases fortunate enough to be listed are being dealt with. The Judiciary and Court Staff are doing their best to get through record workloads.

Although there has been a slight decrease in the number of crimes reported to the police, only a small proportion of offences reach the Courts. The figures reveal that prosecutions for indictable offences have increased by 18% between September 2023-2024 and were 11% higher than in 2018-2019. It remains the case that it is more likely than not that there will be a conviction at the end of a trial.

The percentage of charged cases sent to the Crown Court in September 2023-2024 was 17%.  With significant work by skilled Criminal Barristers there have been increases in the conviction rates for RASSO (46%) and serious violence (29%) since 2018. For Crown Court cases, Defendants remanded in custody increased by 15% to the highest volume in the last decade.

In the September 2023-2024 period, the Crown Court dealt with 104,571 defendants. This was considerably more than the 92,074 defendants dealt with in September 2022-2023. Cases being sent to the Crown Court are increasing. In the 2023-2024 period, 119,373 cases arrived in the Crown Courts across England and Wales. Each case requires at least two members of the Criminal Bar. One to prosecute and one to defend. The Government must invest within the Criminal Justice System and the Criminal Bar to ensure that the Courts can continue.

The Judicial Attitudes Survey 2024
The Judicial Attitudes Survey has revealed a looming retention and recruitment crisis in the Judiciary of England and Wales that reflects the parallel reality of life for the Criminal Bar. The concerns that the Judiciary have are mirrored, for the most part, by Criminal Barristers across England and Wales. A significant amount of salaried Judges (39%) say that they intend to leave within the next five years. The Judiciary will look to those who sit as Recorders, including many members of the Criminal Bar, to fill the gaps. Whether there will be enough practitioners left to fill those gaps is a matter of concern. About 84% of Circuit Judges are recruited from the Bar. Currently, Recorders have had their ability to sit reduced and many practitioners are frustrated that their career progression into the Judiciary receives little consideration. Many have had sitting days cancelled at short notice.

The survey showed that 43% of Circuit Judges considered that their court building was poor or unacceptable. The majority of Circuit Judges (60%) considered that their workload was too high.   Stress was demonstrated by sleep disturbance (77%) irritability (57%) intolerance of others (27%).

Judges indicated that they suffered from bullying, primarily from their Leadership Judge or another Judge at their Court. Over 2/3 of those who suffered bullying did not report it. Those with protected characteristics are disproportionately more likely to suffer bullying. At Circuit Judge level, men make up 63% of the profession and women 36%. Judges have suffered a net loss of earnings over the last decade and do not consider that they are adequately remunerated.

With such significant levels of stress within the Judicial profession, it may be time for consideration as to whether the Judiciary will support the CBA Wellbeing Protocol. For far too long, we have all ignored exhaustion and trauma and just got on with it. Is the time coming when we are all grinding to a halt?

Return to Normal Pre-Recorded Evidence (PRE) system operations

The technical issues previously affecting the Pre-Recorded Evidence (PRE) system have now been resolved. The temporary measures put in place on 14th October 2024 are no longer required, and all courts will return to using the new PRE system as normal on 3rd March 2025.

What this means, from 3rd March 2025:

  • All new recordings can now be made directly on the PRE system
  • The temporary use of the Vodafone system has ceased
  • Normal booking and playback timelines have resumed and previous booking restrictions have been lifted. You will be able to book a recording at court on the day of the hearing – you will no longer need to give 24 hours’ notice.

This applies to all pilot courts:

  • Durham Crown Court
  • Exeter Crown Court
  • Kingston-upon-Thames Crown Court
  • Leeds Crown Court
  • Leeds Youth Court
  • Liverpool Crown Court
  • Mold Crown Court
  • Nottingham Crown Court
  • Reading Crown Court

CBA Assistant Secretary

The election will close today at 16.00hrs.

Please remember to vote for your candidate.

Matilda Robinson-Murphy – 2 King’s Bench Walk (2015)

Clara Sibanda – 9 King’s Bench Walk (2018)

Voting is electronically via the CBA website – Select CBA Assistant Secretary Election 2025 from  ‘My CBA / Election’ and cast your vote.

James Oliveira-Agnew
James has now completed his term as Secretary. He has been a hard-working and loyal member of the Officer’s Committee, undertaking many media interviews, pupillage and education events. He has been a terrific member of the team and we will miss him.

Chloe Ashley
We welcome Chloe to the role of Secretary. Chloe has shadowed James in the role of Assistant Secretary for the last 12 months. Chloe has worked tirelessly for many years for the CBA and will guide and assist the new Assistant Secretary. We congratulate her on her appointment

Alzheimer’s Research UK

Georgia-Mae Chung  of Mountford Chambers is raising money for Alzheimer’s Research UK at the Paris Marathon in April, a charity that is really important to Georgia, as two of her grandparents suffered from Alzheimer’s. She ran her first marathon in Edinburgh for them back in 2022 and is very much looking forward to supporting them again this time around with what will be her fourth. If anyone is willing and able to donate, we would be really grateful.  Access the donation page here.

Yours,

Mary Prior KC
Chair of The Criminal Bar Association.

 

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