Monday Message 16.12.24
The Leveson Review:
Sir Brian Leveson has been appointed to provide an Independent Review of the Criminal Justice System. We look forward to working with him to provide expert knowledge of the problems that the system faces and our suggestions for change. Whilst we appreciate that innovative change is required, we hope that the purpose of this review is to make the criminal justice system fit for purpose and that the inevitable recommendations for funding recognise our vital role. We will form a working group to assist us in our submissions to the review. Further detail will be provided in relation to this at the beginning of 2025. If you are willing to assist in this working group please do let Aaron know. It is vital that the group reflects the entirety of the criminal Bar across England and Wales and that it includes the employed Bar.
MOJ Budget:
We await the MOJ announcement as to whether the immediate increases in fees for RASSO cases suggested by HH Taylor in the independent CLAAB report will be implemented. It is not suggested that the right to jury trial is removed in such cases. There has been a significant increase in the numbers of these cases coming to the Crown Court but delays in RASSO cases have reached the stage where increasing numbers of complainants are walking away from the criminal justice system. To stand any prospect of the Government reaching its goal to reduce violence against women and girls by 50% we must have a properly funded and functioning criminal justice system now. Part of that process is retaining experienced and skilled criminal Barristers to prosecute and defend these cases. HH Taylor made it plain that significant investment in criminal Barristers is required. When will this start?
Crown Prosecution Fees:
We have been advised that there will be no increase in CPS fees before April 2025 and that consideration of fee increases from April 2025 onwards is yet to be determined. We have requested information from the CPS as to the cost to their budget of payment of fees to Silks to prosecute rape trials for which junior Counsel cannot be found. We will provide that figure to you when it is provided to us.
Disparity in fees:
It is time that both criminal Barristers in a trial, the one who prosecutes and the one who defends earned the same money. There is a national shortage of criminal Barristers. If the Barrister defends a rape trial which lasts five days they will earn £494.95 more than the prosecuting Barrister. If a criminal Barrister prosecuted 30 rape trials a year, they would earn £14,848.50 less than if they defended them. If a criminal Barrister prosecutes a case of causing death by dangerous driving they will earn over 30% less than the defence advocate. A criminal KC who prosecutes the horrific murder of a child will earn over 46% less than the KC defending that case. These disparities must be fixed now. We have repeatedly asked for progress.
Sexual harassment:
For far too long we have tolerated inappropriate conduct towards our young practitioners from predatory senior practitioners. Most senior practitioners have been subjected to unwanted sexual conduct when they were junior but felt unable to complain or to speak out for fear of the destruction of their career. Such behaviour ruins lives and causes young practitioners to walk away from our profession. This must change and we intend to play a full part in making change happen. We all have a duty to protect and support each other. That means that if we see or know of sexual harassment or misconduct we must call it out. We must also call out other harassment, misconduct, racism and bullying behaviour. It has become clear that for some senior practitioners, attitudes have become engrained and that hurtful, unpleasant comments are said without thinking of the pain that they cause. Every criminal barrister within our community has the right to practice without fear of any form of discriminatory conduct and we must all work together to ensure that is the reality moving forward. If any person has been subjected to such behaviour please do “Talk to Spot.”
The CBA Young Bar Committee:
From January 2025, Emma Fielding from 36 Crime will Chair the Young CBA committee. We look forward to working with her and her committee in the next year. We express our enormous thanks to Zayd Ahmed of Mountford Chambers for his excellent leadership of the committee and for all of his hard work over the last two years. He has worked tirelessly to make the Bar a more inclusive, diverse and welcoming place for our young practitioners.
The retention of the junior Bar:
The use of warned list cases, fixed warned lists and other floating case listings has a disproportionately harsh impact on our junior Bar. Not only must they prepare cases for trial with less than 24 hours’ notice, travel long distances to conduct those cases and meet the traumatised people involved in the case for the first time on the day of trial but they must do all of this without knowing if the trial will be going ahead or not. The junior Bar are bearing the costs of travel and, if the case does not proceed, they are earning a very small amount of money which they will only receive when the case is completed. If they do not conduct the adjourned trial themselves then they will earn a very small amount. The stresses and strains of all of this additional work and the delays in payment are having very real impacts on the wellbeing of the junior Bar. We intend to discuss with the CPS and the LAA ways to properly reimburse our juniors and ways to provide them with earlier payment for their work.
In addition, the junior Bar are regularly sent to court to explain to Judges why no senior Barrister is available to conduct RASSO or other trials. They are often met with frustration and anger from other participants in the system. We will be considering ways to ensure that they are treated with respect when fulfilling this task.
Sam Townend KC:
The CBA would like to thank Sam for all of his efforts on our behalf to assist us with additional funding and to speak up for us at meetings in which he has been representing the Bar Council. He has worked tirelessly on our behalf and we are grateful for all that he has done. We look forward to working with Barbara Mills KC in the next year. We also welcome Kirsty Brimelow KC as the new Vice Chair of the Bar Council and wish her every success in her new role.
Sub Committee Chairs:
We wish to express our thanks to Jonathan Higgs KC for all of his tremendous work on our wellbeing committee. Jonathan was pivotal in ensuring that we created and followed the CBA Wellbeing Protocol. He has been a brilliant advocate for our collective wellbeing. We thank Gerwyn Wise for being willing to undertake that role.
Paul Jarvis will become Director of Education from January 2025. We thank Charlotte Newell KC for her outstanding work on our collective behalf.
Paramjit Ahluwalia will become Co-Chair of Equality and Diversity as Eleanor Mawrey steps down from that role. We cannot thank Eleanor sufficiently in this short message for the amazing work that she has done on our behalf.
Aaron Dolan:
We cannot end 2024 without our sincere and enormous thanks to Aaron Dolan for all that he does on our collective behalf each and every day. The CBA would not exist without him and we are all better for having him in our lives.
HMCTS Services:
HMCTS have provided us with their most recent report on assessing access to justice in HMCTS Services. The report can be accessed here.
ICCA Trauma Training:
ICCA now have a dedicated webpage which explains the course and how to access it. Materials are free to access here.
Christmas:
This will be the last Monday Message of 2024. It has been a long and exhausting year for our criminal Barristers. We hope that you all find time in the Christmas holidays to spend with your loved ones, to rest and recuperate and to have a lot of fun. We are immensely proud of the excellence of each and every one of the criminal Barristers who makes a difference every day and who ensure that serious criminal cases can he heard, that all participants are enabled to give their best evidence and that fair trials take place. We thank you all for your service to justice over the last 12 months and we hope that 2025 brings you all that you desire and all that you deserve.
Yours,
Mary Prior KC
Chair of The Criminal Bar Association.