Monday Message 17.03.25

A joint message from the Officers of the CBA

The CBA National Survey

Thank you to all criminal Barristers across England and Wales who took the time to complete the CBA National Survey. Because of your efforts our sample size is so significant that we are able to say, with confidence, that it represents the views of the Criminal Bar.

We received 1,717 responses. Typically, a sample size of 2,000 is considered appropriate for a nationally representative sample of the entire UK population (approximately 68 million people.) Our results are well above that of nationally representative surveys which are relied upon by Government. Now, when the CBA represent your views, we will not be accused of using “anecdotal information” nor told that our views reflect a narrow group of practitioners – we have a solid foundation from a robust survey.

It was crucial that the results were not influenced by anything other than your collective experiences. The CBA commissioned Professor Katrin Hohl OBE of City of St. Georges’ University of London who is an expert in the fields of social science and surveys. She has our utmost gratitude for her tireless work. Your individual responses remain anonymous and confidential. All data is held by Professor Hohl at City of St. Georges’ University.

Some of the sub sets of data are still in the process of further analysis. We will continue to provide the results in forthcoming Monday Messages.

Final analysis has been completed on some core indicators, reflecting life at the Criminal Bar. We know from the detailed responses that you have provided, together with the additional comments that you have provided us, that you have put your trust in us.

Pride in our work

Despite all of the difficulties that working within the Criminal Justice System causes, the survey results leave no doubt as to why the vast majority of us continue. Our work, according to 80% of Criminal Barristers, gives us, at least some of the time, a sense of pride and purpose. It is a vocation, a public service, and the difference that we make had caused us to work tirelessly to try to keep the system going. But no more. The tide is turning.

The Core Indicators

Our profession is in crisis.

One in three Criminal Barristers are actively seeking to leave the Bar.

This will be a catastrophic loss to the Criminal Justice System. One in three Criminal Barristers is actively considering moving their practice into another discipline other than crime. A small overlap of 12% are actively considering both options. That means that less than half of the Criminal Bar, some 44%, remain committed to a practice of primarily publicly funded work.

We are not alone, 35% of Circuit Judges who sit in crime have indicated in the Judicial Attitudes Survey that they intend to leave in the next five years.

Why are Criminal Barristers leaving?

The remuneration simply does not reflect the hours of work involved. We are working flat out. In our efforts to prop up this crumbling system, 77% of criminal Barristers, prepare their cases every or nearly every weekend, with 35% working both Saturday and Sunday. Over 80% work longer than 50 hours a week, 50% work over 60 hours a week and 20% work over 70 hours a week.

Marriages and relationships suffer and fail because of our workload. For criminal Barristers with children under 18, their ever-increasing workload has caused 84% to miss family and personal events and 71% to have had stressful childcare issues.

The exasperation of having to undertake large amounts of administrative work that the CPS and our Instructing Solicitors used to be able to complete to enable us to focus on the case itself was described by 77% of us as a main work stressor and strain. The funding for the CPS and Criminal Solicitors must enable administrative support to be the norm.

The stresses caused by listing ineffective cases (62%) and working in a crumbling court infrastructure (63%) are some of the main work stressors and strains for the Criminal Bar.

The Criminal Bar has reached the stage where, for many, nothing would make them continue. For the others, urgent action is needed to urge them to stay before the Criminal Justice System collapses.

What might make people stay?

Some 92% of the Criminal Bar told us that we must focus on adequate and fair remuneration going forward. The exhaustion and frustration of having to fight for pay increases to reflect the cost of living and inflation causes people to leave. There is no certainty. No peace. No respect.

A massive percentage, 97%, seek the same rights as all key public sector workers, as the Judiciary and the Civil Service, by the introduction of an independent national pay review body which will set annual increases in our fees which the government must accept. Secondly, 90% seek broad parity in fees paid for those prosecuting and defending the same case. Thirdly, 87% seek a one-off percentage increase in all fees to reflect the fact that the Criminal Bar has not been treated like other key workers in the last twenty years. Whilst we did receive an increase in fees in 2022 as a result of our industrial action, it cost us all financially, and the refusal of anybody other than the CBA to stand up for us, to support us or to be counted leaves lasting resentment and frustration. We hope that the same mistakes are not repeated in 2025.

The statistics as to Criminal Barristers walking away from RASSO work, the problems with listing, crumbling buildings, administrative support, our working relationships with the CPS, the courts, defence solicitors and the judiciary, our well-being, our working stressors and, sadly, bullying will follow shortly.

Importantly, we are considering with care what you have told us that you want us to focus on. We have set up committees and working groups to make progress on those matters.

Mary Prior KC, Chair
Riel Karmy-Jones KC, Vice-Chair
James Gray, Treasurer
Chloe Ashley, Secretary
Matilda Robinson-Murphy, Assistant Secretary

New bail processes for pregnant women and mothers

Level Up are launching a campaign for a new Criminal Procedure Rule for Judges and Magistrates when considering whether to bail pregnant women and mothers which reflects the  Sentencing Council’s guideline. One in three pregnant women in prison is currently on remand, with all of the inevitable health consequences that this creates. We support this initiative and would ask that you consider supporting it too. Read and sign the open letter here

Robert Fischel KC

We are very sorry to have to inform you of the passing of Robert Fischel KC on the 11th March 2025. He collapsed on a flight from London to Gibraltar and could not be saved. Robert practised in crime from 5KBW and took Silk in 1998. He practiced in Gibraltar from 2011 and became Senior Crown Counsel from 2013-2018.

Our thoughts and prayers go to his family and friends, to his colleagues at 5KBW and at the Criminal Bar.

Geoff Porter

Geoff passed after a lengthy period of illness. Geoff was a kind, generous and hard-working practitioner who devoted time to pupillage within 4BB and to helping the Junior Bar.

Our thoughts and prayers are with his family, friends at 4BB and friends at the Criminal Bar.

His memorial service will be held on 19th March 2025 at 15.00hrs in Temple Church.

Retirement of HHJ Philip Statman

We mark with our appreciation the service of one of our most wise and kind Circuit Judges, HHJ Philp Statman, who will be a great loss to the Judiciary and sorely missed by the Criminal Bar. A judge who encourages, inspires and creates good working relationships is to be celebrated. No doubt he has saved many practitioners from leaving the Bar by the professional and decent way that he treated all who appeared before him.

We wish him a long and happy retirement.

Yours,

Mary Prior KC
Chair, The Criminal Bar Association

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