Monday Message 19.08.24
Dear colleagues and friends,
We met recently with the Attorney General, Richard Hermer and discussed the current workloads and conditions faced by the Criminal Bar.
He recognised and thanked us for the service the Criminal Bar provide to the public in ensuring the rule of law is upheld.
We also attended a meeting with the Deputy Senior Presiding Judge, Lord Justice Green who wanted to send his thanks and appreciation to the Criminal Bar on behalf of all the judiciary. He commended the Criminal Bar, as well as Solicitors for their extra hard work and dedication in addressing the recent cases involving major public order incidents around the country. This enabled the courts to deal with many cases swiftly and meant that there was no need for additional courts outside of normal operating hours.
Looking to the future, as a result of these additional cases there will be increased pressure on the Crown Courts that have limited capacity with a long backlog. Waiting times for some cases are already very long. We appreciate that Judges, who shoulder the responsibility for listing, are doing their best to list cases appropriately with guidance from the SPJ, Lord Justice Andrew Edis and as always Judges will ensure that the court proceeds in a way which is in the interests of justice and fair to offenders.
We at the Criminal Bar of course will continue doing our best but there is only so much we can do.
Operation Early Dawn: Prison Capacity and impact on the Criminal Courts
We have been informed by HMCTS that as early release measures (SDS 40) come into force from 10th September 2024 currently as a precautionary measure Operation Early Dawn has been activated in order to manage the movement of prisoners and address capacity in some areas of the country.
All courts will remain operating but there may be some disruption in some areas due to the movement of defendants to and from court. This will be monitored and adjustments may have to be made to listing.
HMCTS have informed us:
“The priority will always be to avoid safeguarding issues in court custody areas and maintain the flow of work through the criminal courts as far as possible. (HMCTS) will work closely with judges, judicial office holders and other partners across the justice system to ensure the most pressing cases can proceed in a timely way.
(HMCTS) will also support the use of video hearings in some geographical locations where a judge/judicial office holder feels it necessary and appropriate … If a case needs to be re-arranged the court will contact affected parties to inform them of this change. If not contacted by the court, parties should assume that their case will go ahead and should attend their hearing as planned.”
We are thanked for our patience and support as HMCTS implement these temporary contingent arrangements and we will be kept informed.
CBA Response to The Sentencing Council’s Consultation on Non-fatal strangulation and suffocation offences
With many thanks to Andrew Thomas KC of Lincoln House Chambers and Paramjit Ahluwalia of One Pump Court for their work on this on behalf of the CBA.
Bar Pass (Professional Users Access Scheme “PUAS”)
Please note that HMCTS are introducing an adapted security search for members of the PUAS attending court which is being rolled out nationally. This follows the successful trial at three early adopter courts in London (Woolwich Crown Court and Westminster and Stratford Magistrates’ Courts). HMCTS have expressed their gratitude to PUAS members for their patience whilst the process is embedded and are confident that this will enable smoother entry for PUAS members.
Please see the link here for details.
Overnight accommodation and subsistence expenses: Annual Review
The Terms of Reference document for the annual review of overnight accommodation and subsistence expenses has been published on the travel related guidance page on gov.uk.
In line with the provider input section, the LAA formally invite you to provide any feedback and representations, supported where possible by relevant information and data, by Monday 9th September 2024.
Please send your representations and supporting information to Nicholas Ford and Lib Archbold
The LAA will then consider all feedback along with internal data and any further information from operational staff and wider stakeholders, with any recommendations for change being submitted to the LAA’s Executive Leadership Team.
Changes to the CPS RASSO Advocate Panel
The CPS are making changes to the Advocate Panel list for Rape and Serious Sexual Offences (RASSO).
We have been provided with a timeline over which they will be made as follows:
The changes are designed to help address capacity issues and increase the number of RASSO Panel advocates, the following revision to the eligibility criteria and entry requirements is proposed:
- Level 3 and 4 – a temporary relaxation of the requirement for Level 3 and 4 members of the General Crime List to submit a written application and reference when applying for membership of the RASSO Panel. The requirement to have completed CPS accredited RASSO training or commit to doing so within 3 months of joining will remain.
The CPS will be shortly writing directly to non-RASSO Level 3s and 4s to advise them of the change and they are aware of a number of non-RASSO Panel advocates who have completed the RASSO training and would therefore qualify to join immediately. This is likely to include those who are in the process of applying though the ‘old’ system. Where these applicants meet the revised criteria, they will be automatically placed on the RASSO Panel and notified. This temporary relaxation will initially be in place for 12 months, at which point it will be reviewed.
- Level 2 – experienced Level 2 advocates permitted to apply to join the RASSO Panel through written application and a supporting reference, on condition that they have completed CPS-accredited RASSO training.
The application process will broadly mirror that hitherto in place for Level 3s and 4s, with adjustments made to the assessment criteria to reflect Level 2 skill and experience levels. This change necessitates a modification to the online application portal and will therefore go live from 1st September 2024. Again, the CPS will be writing to all Level 2s to notify them of the change and application requirements.
The CPS will be developing guidance for their Area clerking teams around the types of RASSO cases that would be considered suitable for Level 2s to undertake.
Assistance for Bringing [Dis]Ability to the Bar
Konstantina Nouka is a disabled-wheelchair user pupil at Nexus Chambers and is Chair of Bringing [Dis]Ability to the Bar. She is conducting a survey on accessibility in the criminal courts and we urge you all to complete the survey here: Court Accessibility Survey
The results will enable Konstantina to collect information in an area that lacks data to create an accessibility map.
Konstantina tells us that as a wheelchair user, she faces accessibility challenges in the Magistrates and Crown Courts all the time and the courts are ill-prepared to deal with disabled pupils and barristers. The two main challenges she has faced are accessing the custody areas and securing adjustments within courtrooms. A significant number of Magistrates and Crown courts do not have wheelchair access to the custody areas and when requesting alternative methods for conferences with clients the only option is a video conference which is not always appropriate. Most courts have fixed benches and seating which does not accommodate wheelchairs. Konstantina has to make enquiries as to accessibility before she attends court and has had to sit at an usher’s table, she has been told she cannot be provided with a table to accommodate her wheelchair because it would be a health and safety hazard blocking access.
Failing to provide access to disabled barristers not only limits their career development but also limits recruitment of some potentially excellent barristers who should not be dissuaded from coming the Bar because they have a disability.
We must do better and therefore urge you to complete the survey. We will be working with Konstantina so more news to follow.
Enhancement to the Security Process at the Central Criminal Court (Main Door)
Please be advised that effective 16th September 2024, important changes will be made to the security screening process at the Central Criminal Court (CCC). These changes are being implemented to enhance security and efficiency, ensuring a safer and more streamlined experience for court users.
Key Changes to the Security Process:
- Removal of Watches and Belts: All court users entering the building via the main entrance will be required to remove watches, jewellery and belts before entering the search area. This measure aims to reduce false alarms and expedite the entry process.
- Pre-Screening Area: Before the security checkpoint, a designated area will be provided where visitors can remove and securely store their watches and belts.
- Clear Signage and Staff Assistance: Clear signage will be installed to guide you through the new procedures, and our security staff will be available to assist and provide verbal reminders as needed.
- Express Lane: The fast-track lane will be designated for legal professionals (this includes all (Senior, Junior, all pupils and Solicitors) only. Other professionals will be asked to join the general court users’ queue.
We anticipate that these changes will significantly reduce waiting times for court users, increasing the overall efficiency of the entry process. For instance, with the new measures, the average waiting time is expected to decrease from 10 to approximately 5 minutes, representing a 50% reduction.
We appreciate your cooperation and understanding as we implement these changes. We aim to ensure a smooth and efficient entry experience while maintaining the highest security standards.
For any questions or further information, please do not hesitate to contact our security management at [email protected]
Invitation
Maidstone Combined Court is celebrating its 40th anniversary this year – the Judges are holding an event on 14th November 2024 comprising something in court at 4pm, a short service of thanksgiving at a church a short walk away at 5pm and then a reception back at court at 6pm. The Lady Chief Justice and President of the King’s Bench Division are attending, along with current and past Kent Judges, practitioners, members of staff and so on. All advocates who’d like to come are extremely welcome – it should be a good get-together.
Our Executive Committee are meeting this week on the 22nd August 2024 so if you have any matters you would wish to raise please contact Aaron Dolan and he will ensure the matter is put on our Agenda.
Be excellent as always.
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