Monday Message 11.11.24
Remembrance Day
Courts today came to a halt shortly before 1100 a.m. to enable us all to pay our respects to those within our armed services who gave their lives so that we might live in peace. We will also pay our respects to all those who have died in conflicts around the world and those who live now, daily, with the fear of death and destruction. Our thoughts are with them all. We must also consider that for many of those who have served in the armed forces, life back in our society can be isolated and tough. We also salute those who served but are now living with physical and mental health difficulties, with limited finances, with the awfulness of addictions and those who are sadly homeless. We remember the families and friends of those who have gone before us who suffer the grief and sorrow of losing loved ones. May all who have gone before us rest in peace.
Those criminal Barristers who work for the armed forces and make a difference every day also require our thoughts and appreciation. We are also fortunate to have a number of members who have served our country and have then come to join our profession. We value and respect you all and thank you for your service. We are one Bar.
A SYSTEM WORTH FIGHTING FOR?
The Ministry of Justice will have to answer to those walking away from the criminal justice system as to why their cases are not being reached. Whatever we call the 106,500 sitting days, we say a cut and the MOJ say an increase, people are being told that their trials won’t take place in 2024, or in 2025, but might take place in 2026, 2027 or possibly 2028. The brilliant Jonathan Dunne, @CourtsIdle, has been working tirelessly together with @courtstats to demonstrate the actual number of available Crown Court rooms which are actually being used for the most serious criminal cases each day. It appears that, on average, one in five lies empty; sometimes that rises to one in three. If that amounts to over 100 court rooms a day that means that, at the very least, 100 cases could have been heard each day.
It is a great disappointment to read that four of the court rooms in Woolwich have been closed indefinitely which will inevitably cause significant delay and distress for those waiting anxiously for their cases to be heard.
We have been impressed to see journalists, at our invitation, take the trouble to travel to Crown Courts across England and Wales. They see the empty court rooms, they talk to the participants, the Court staff, Probation officers, criminal Barristers and Solicitors. They see firsthand why the system is described as broken. What is the plan to reduce the backlog of cases in the Crown Court? We would very much like to hear the details and repeat our offer to work with the Government to make the best of what resources we have. We, with so many other court users, await with interest the delayed statistics, the delayed CLAAB report and the plan which takes account of both to understand what will be done to make a change for the better.
As Sam Townend KC, Chair of the Bar Council has repeatedly said, “Our call for sufficient resources is set against the backdrop of a 22.4% decrease in public spending on the justice system under the last Government in real per person terms taking account of inflation, with the cut most acutely felt in legal aid – the spending on barristers is reduced by over 39%.” No wonder criminal barristers continue to leave the profession in droves. We thank Sam and our colleagues at the Bar Council for their support.
We know that the workforce of our valued and essential colleagues within the Solicitors’ profession is getting older and many are leaving because it is no longer financially viable. There has been a 26% drop in the number of duty Solicitors who provide the crucial advice provided in the police station. Sometimes the police are being forced to release suspects because a solicitor cannot be found to interview them. Richard Atkinson, Law Society President, described Solicitors as being on the “frontline” during the riots but the rhetoric of the support to the rule of law and access to justice is not being matched by action. We support and stand beside our Solicitor colleagues and recognise that all of them could earn more money in a different field of law. Without them and without us the criminal justice system in England and Wales would collapse.
The Criminal Bar Association of the Bar of Northern Ireland
The criminal barristers who work in Northern Ireland have been subjected to severe cuts to funding over many years. In 2011 their fees were cut by 20%. In 2015 attempts to cut their fees by a further 35% were met with a strike lasting 9 months after which the Government promised to review fees again in 2-3 years. Their fees have not been increased in almost 20 years. Their fees have been deliberately delayed by 3-4 months and it was necessary for them to judicially review that decision. The results of an independent review of their fees was concluded in August but the report has still to be released. After many attempts to negotiate, our colleagues at the Criminal Bar in Northern Ireland, led by their Chair, Gavan Duffy KC, have taken action. Their demands are the immediate publication of the independent review, a fair interim uplift in fees and then that action is taken to address the long-standing problems of unfair renumeration to preserve the viability of the system of criminal Legal Aid. We stand beside them and offer them our support and assistance in their fight.
Lectures
As part of your subscription fee to the CBA, you are able to access on-line education events. On the 13th November 2024, our joint Chair of the CBA Education and Training Committee, Paul Jarvis, introduces Professor Matthew Dyson from Oxford University whose talk is entitled “Wilful blindness.”
On the 11th November 2024 there is the Law Commission – contempt of court consultation event. On the 20th November at the City Law School there is a talk entitled “Error of Judgement. The truth about the Birmingham Bombings – 30th Anniversary.” Chris Mullin, former MP and investigative journalist discusses why miscarriages of justice are still happening despite changes to the police and judicial system.
The CBA Winter Conference 2024
“The annual update.”
On the 30th November 2024 at Inner Temple the CBA Education Committee presents its Winter Conference from 0900-1645. Topics include protest offences, fraud, human trafficking, modern slavery and an update on new offences. A drinks reception follows the conference which carries 6 CPD points. This event does require a financial contribution. The details can be found here.
The Denning Lecture 2024
On the 3rd December 2024 at Inner Temple, Lady Justice Andrews DBE will be delivering a lecture entitled “Affording Justice.” The event is free for all. This event has been organised by the Bar Association for Commerce, Finance and Industry. Details are provided here.
MAIDSTONE CROWN COURT
Maidstone Crown Court centre was opened in 1984 and celebrates its 40th anniversary on the 14th November 2024. The Lady Chief Justice, the President of the Supreme Court, the President of the King’s Bench Division, the Senior and Deputy Presiding Judges will attend this function, demonstrating the importance of this Court and of those Judges, Barristers, Solicitors and Court staff who have formed and developed its reputation for excellence. We hope that everyone very much enjoys the celebrations.
UPDATE ON WHERE PRISONERS WILL BE HOUSED
We are grateful to HMP Prison and Probation Service for an update as to where prisoners will be housed in the areas experiencing the most significant challenges, (the North West, North East and London). The prison service has had to contend with a 70% increase in remand prisoners since 2020. They tell us “While SDS40, the early release scheme, has provided some immediate relief, further operational measures will be needed alongside the Sentencing Review that has been announced. Capacity challenges are experienced most acutely in our reception (local) prisons, whose primary duty is to serve the courts. As a result, we need to increase the number of reception places in those areas facing the most significant challenges: North West, North East and London. The changes set out below will help to create much-needed prison places to ensure the reception estate can continue to serve the courts.
North West
HMP Liverpool is already a reception prison for adult male prisoners, but in addition, it will start to take young offenders from early November 2024. Currently, the prison serves Crown Courts only, but it will also begin serving Magistrates’ Courts from 25th November 2024. As part of this change, Liverpool Magistrates’ Court will move to HMP Liverpool from HMP Altcourse. We will then move Bolton Crown Court and Magistrates’ Court, plus Wigan Magistrates’ Court, from HMP Forest Bank to HMP Altcourse.
North East
HMP Holme House will become a reception prison from mid-January 2025. As part of this change, Teesside Crown Court, plus Middlesbrough and Newton Aycliffe Magistrates’ Courts, will move to HMP Holme House from HMP Durham.
London
HMP Brixton is due to become a reception prison. Most of the work is still in progress, but as a first step, we have already returned St Albans Crown Court from HMP Wormwood Scrubs to HMP Bedford. I will write again when we have confirmed the courts that will be aligned to HMP Brixton.
These changes may mean that some people will be in prisons further away from the courts dealing with their cases.”
Yours,
Mary Prior KC
Chair of The Criminal Bar Association.