Monday Message 13.01.25
The Crisis in the Criminal Justice System
We all appreciate that the 74,000 cases awaiting trial in the backlog of cases in the Crown Courts of England and Wales should be a matter of national shame. For the members of the public that access the system – the victims, the accused awaiting trial, the witnesses who wait to do their civic duty by giving evidence and for the interests of the general public, suffering the consequences of justice delayed; there must be a solution.
The solution cannot rely on political parties posturing. We note the remarkable expressions of anger and frustration of the opposition about the state of the Criminal Justice System. They had the opportunity for over 14 years to invest in the Criminal Justice System but instead imposed savage cuts. The Labour Government before them did not pay adequate attention to the Criminal Justice System either. However, this new Government is making changes. They are holding meetings with the CBA and other stakeholders. They are listening to ways which could reduce the backlog. Astoundingly, even communication with the CBA is a refreshing change; it is more than the previous administration. Whether their words will lead to decisive action remains to be seen. Two things must be addressed; the backlog and the roadmap forward. Focus and newly announced reviews seem to be concentrated on the future, but immediate support must be found for the 150,000 or so members of the public whose cases, in one way or another, are stuck in the backlog. All of those cases require Criminal Barristers to present the evidence and ensure that there is a fair trial. There is no point increasing charging rates and sentencing if the trial process takes 4-6 years. The way forward is clear. Money must be found, as it was when the riots occurred, to substantially invest in the short term so that there is hope in the long-term that trials in the Crown Court can take place within 6-12 months as they used to.
The Leveson Review
As you know, we asked for volunteers to assist us with the preparation of a response to the questions that we have been asked to consider. Our response must be in by the end of January. We are grateful to all those who have volunteered their assistance. If anyone wishes to contribute their views to our response then please email them to Aaron by 17th January 2025 so that they can be considered by Jeremy Dein KC, Francis FitzGibbon KC and James Gray within our response.
The Courts
We are grateful to HMCTS for working collaboratively with the CBA to provide us with vital statistics as to the content and length of the backlog of offences so that we can all work together to make sensible proposals moving forward. The Judiciary are attempting, with their dedicated court staff and listing officers, to reduce the backlog, but the best decisions can only come from detailed knowledge of what is outstanding. In the interim the Judiciary are taking the trouble to introduce a National Listing Policy and real changes are being made in Crown Courts to have regular meetings with the Criminal Bar, the CPS and the police, to ensure that the court has the best information to enable us all to make the best use of our resources. A prime example of this is the new fortnightly listing meetings being held at Leicester Crown Court which has improved effective trial rates considerably. We hope that steps are taken to improve the infrastructure of the Criminal Courts so that precious court rooms are not closed because of leaks, heating failures or other maintenance issues. When we all work together, we make substantial inroads to reduce the backlog.
We note the suggestion of the introduction of new Nightingale Courts. Let us fix the Crown Courts that we have and use them to full capacity before spending money on short-term solutions. There are spaces within court buildings which might usefully convert into court rooms for cases of defendants on bail. Let us make full use of technology and use CVP hearings for administrative hearings and let us have time markings for all hearings to avoid time being wasted. Let us make our courts a positive working environment that enhances rather than hinders our work within them.
The Justice Select Committee
The CBA was grateful for the opportunity to meet Andy Slaughter MP to discuss the current crisis in the Criminal Justice System and to explain our frustrations at the delays in the creation of CLAAB and the implementation of its recommendations for the Criminal Bar. A cross-party group of politicians is the very best way forward for long-term progress.
Konstantina Nouka
Konstantina is completing the London Marathon on behalf of Muscular Dystrophy UK. Konstantina is a wheelchair user and was diagnosed with Ulrich Muscular Dystrophy. Living with this condition can be exhausting, stressful and lonely. Muscular Dystrophy UK has been pivotal in improving Konstantina’s life. For those who have the privilege to know her, Konstantina is a highly talented member of the Criminal Bar who has worked tirelessly to raise the profile of those with (dis) ability at the Bar.
If you are able, please do donate here.
Pupillage
Many students are in the process of applying for pupillage at the moment. From the commencement of pupillage to the conclusion of practice and retirement, those who choose a career at the Criminal Bar will earn far less than their peers in civil and commercial law. Those of us who decide to have careers at the Criminal Bar are key workers, part of the process by which the essential rule of law is protected and preserved. Many of those who obtain pupillage and tenancy are leaving after a few years because the levels of stress and trauma are not adequately compensated by the fees provided. This remains the best career. Enabling people to have a fair trial, to give their evidence, to present their case is a privilege. The advocacy skills which are visible across the Crown Courts in England and Wales are something that we are rightly proud of. Whilst the Criminal Justice System is collapsing around us, we still give our absolute best in Court. We enable those falsely accused of crime to return to their lives and their families. We enable victims of crime to receive justice and to begin the process of healing. Juries listen to both sides of a case, superbly presented and then decide whether the prosecution have made them sure of a defendant’s guilt. We hope that the Government listens to the independent reviews that have been commissioned and implements recommendations of significant investment to preserve this system.
Barbara Mills KC
Barbara gave her historic, inaugural address on the 8th January 2025 as the Chair of the Bar Council. It is historic because it is the first time in history that the Chair has been a Black woman and because the Chair, Vice Chair and Treasurer are all women. Let us all hope and pray that this paves the way for the day when inclusivity has occurred and our gender and race are not considerations which require discussion. The CBA welcomes Barbara, Kirsty Brimelow KC and Lucinda Orr. We look forward to working with them.
Barbara described herself as inheriting “A criminal justice system at breaking point after over a decade of neglect and insufficient resources.” She recognised and noted the exhaustion of all legal aid practitioners. She supported the CBA in our call for parity between defence and prosecution fees. Barbara reached out to the CBA and organised monthly meetings to ensure that there is open dialogue before commencing as Chair.
Barbara’s three priorities for the year are; (1) to raise the profile of family law and to help the Government in its mission to halve violence against women and girls, (2) to respect wellbeing and (3) to make further strides in the pursuit of equality, diversity and inclusion. Her speech can be read here.
Wellbeing
We are very grateful to the National Press who have travelled across the country to see the state of the criminal justice system, to meet and talk to Criminal Barristers and Solicitors and to write articles to help the public to understand the reality of life as a Criminal Barrister. It is only when discussing the average working day and the average working weekend at the Criminal Bar that we reflect and realise that this is unsustainable. Many of our colleagues are leaving the profession, rightly putting their health and family first, but others are suffering significant health difficulties as a result of overwork and trauma. This includes heart attacks, strokes and other illnesses. It is also vitally important that we all call out poor behaviour when we see it to prevent bullying and harassment of any kind. The CBA has a wellbeing protocol which has been tried out on the South Eastern Circuit. We urge everyone to read it and for all chambers be signatories to it. The Wellbeing Protocol can be found here.
Violence against women and girls
The Criminal Justice System is where cases of physical, sexual and emotional abuse of women and girls are prosecuted and where this offending is dealt with. In the UK a woman is killed by a man every three days. Some 2.3 million people aged 16 and over reported experiencing domestic abuse. Men reported 712,000 episodes of domestic abuse (we know that men habitually fail to report violence) and women reported 1,612,000. Almost 100 domestic abuse offences were recorded per hour by the police last year. Domestic abuse makes up 18% of all recorded crime. Clear statistics are required to demonstrate the number of women who are raped or sexually abused within a relationship or by a previous partner. A large number of the offences do not result in charge, but the CPS recommended charges in nearly 50,000 cases.
All domestic violence and abuse cases within the criminal justice system require experienced and skilled Criminal Barristers to prosecute and defend the cases. When cases are before the Crown Court the conviction rate is 75%. In order for there to be a conviction there must be a hearing within a reasonable time so that witnesses do not walk away. Last year at least 6,000 cases which resulted in a not guilty verdict were as a result of complainant related issues, including those withdrawing from the process. This must improve. No ambition to reduce or halve violence against women and girls will succeed without significant investment in the Crown Courts.
Yours,
Mary Prior KC
Chair of The Criminal Bar Association.