Monday Message 05.08.24
Dear colleagues and friends,
We have seen examples of mass disorder and extreme violence in towns across the country and are concerned for all communities suffering as a result. We live by the rule of law in our country not by rule of the mob. We stand ready, as always, to ensure justice is done in the courts of England & Wales.
Nevertheless we have read a suggestion that “Night courts” could operate to manage the increased numbers of arrested individuals. Whilst it is our Solicitor colleagues who bear the brunt of this additional work, as Duty Solicitors in the Police Station and in the Magistrates’ Courts, we remain strongly opposed to any attempt to extend court operating hours (“EOH”). The Criminal Bar is already working at maximum capacity.
HMCTS have repeatedly proposed extending the sitting hours of the courts under the guise of addressing workload, delay, the pandemic, environmental protesters and now it seems rioters whilst at the same time it has closed over half the courts across England and Wales for being “under-utilised”. Previous EOH pilots conducted, no doubt at significant expense, in 2002, 2010, 2012 and 2017 showed EOH was unworkable and discriminatory. None of the data gathered showed EOH improved access to justice or provided a cost benefit.
Importantly for us, not only is EOH discriminatory, it fails to take account of fundamental aspects of a criminal advocate’s working life. The working day does not begin and end with the court hearing. Reading, researching, preparing written work all takes place outside court, much of it unremunerated. Time is needed to resolve admissibility issues and reduce large amounts of material to summaries and schedules in order to reduce court sitting time and cost.
We will be speaking to our Solicitor colleagues on any proposal for “Night courts” and will of course support them but we will not agree to practices that damage the equality and diversity of our profession.
FOR INFORMATION ONLY: Counsel Fee Payments – CPS System Upgrade
From tomorrow, 6th August 2024, the CPS will commence the rollout of a new Fee Payment Calculator and Reporting Tool – the internal application used by CPS Fees Teams to calculate fees payable to external advocates prior to them being transferred to the supplier portal for payment.
Chambers are not required to take any action. This is an internal change which will not affect the way that chambers interact with the CPS in respect of barrister fees and payments are expected to continue to be processed without any interruption or additional delay.
If you have any queries regarding this change, please contact [email protected]
Nauru Declaration on Judicial Wellbeing
This important declaration, adopted by international and regional chief justices and judges and supported by the United Nations Office on Drugs and Crime recognises the vital role judicial wellbeing has in upholding integrity and effectiveness within the judiciary. The Nauru Declaration outlines key commitments and principles:
Judicial wellbeing is essential and must be recognised and supported, stress is not a weakness and must not be stigmatized, wellbeing is a responsibility of individual judges and judicial institutions and is supported by an ethical and inclusive judicial culture, promoting wellbeing requires a combination of awareness raising, prevention and management, initiatives must suit the unique circumstances and requirements of national jurisdictions and wellbeing is enhanced by human rights
Old Bailey Clearance of Ladies Robing Room
The Old Bailey Facilities team will be clearing the Robing Room in early August.
If you have items that you use regularly and need to leave there, please make sure they are labelled with your name and chambers so that they will not be removed.
The team will store any removed items for 3 months after the clearance date – after this date they will be recycled.
Any queries please email [email protected]
We also want to take this opportunity to thank all the staff at the Courts in England and Wales that look after us so well, from every “good morning Counsel” to assistance with listing and managing our working day.
The kindness of our court staff is very much appreciated by us all.
Crime CCG: overnight accommodation and subsistence
As you will know, the current guideline rates for hotel expenses are set out in the Legal Aid Agency’s Crown Court Fee Guidance. Current rates are £100 per night for city centre locations and £65 for other locations. These were last updated in September 2023, and are exclusive of VAT. However, the LAA does have discretion to allow a higher amount where justification can be demonstrated.
The Terms of Reference will appear on the guidance page on gov.uk by 9th August.
Advocate Justice Video Service (JVS) conference booths
We have been informed that from Monday 19th August the number of Advocate Justice Video Service (JVS) conference booths in criminal courts will start to be reduced. This is in response to data that suggests the JVS booths are “rarely used”. Please let us know if you experience difficulties with this, we are aware that Counsel often use these booths at court to conduct pre or post CVP conferences with prisons or hearings in other courts when they are required to be at one court in person but attend other hearings elsewhere. CVP attendance requires Counsel to be in a private location, alone without interruptions and robed. We have been advised that at least one booth will remain in each criminal court.
If you need more information about CVP you can read the guide for professional participants in criminal hearings or read the guidance on joining a hearing and sharing documents.
His Honour Judge Lucas KC
It is the end of the reign of HHJ Lucas KC as Resident Judge at Wood Green Crown Court after 8 years. He has not retired but has joined the ranks of roving senior judges on the Circuit.
Noel Lucas KC has overseen the expansion of Wood Green from a 10 court to a 16 court centre and was the first Resident Judge to be appointed Honorary Recorder of Haringey. He has made Wood Green Crown Court welcoming and supportive of the Criminal Bar and we thank him for his leadership and his service.
We look forward to appearing before HHJ Lucas KC on the Circuit and welcome the new Resident at Wood Green, His Honour Judge John Dodd KC.
CBA Vice-Chair
We are pleased and delighted to announce that the next CBA Vice-Chair will be Riel Karmy-Jones KC of Red Lion Chambers. Riel has chaired our RASSO Group and will join as Vice-Chair supporting our incoming Chair, Mary Prior KC of 36 Group Chambers on 1st September 2024.
We hope as many of you as possible are taking some leave in order to re-charge the batteries.
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