Monday Message 22.07.24
Dear colleagues and friends,
We must all recognise that within a Criminal Justice System under-resourced and under pressure we will from time to time make mistakes, none of us are perfect. We rely on the court, appeal courts and organisations like the CCRC as vital safety nets to ensure that even if we make a mistake the system will prevent a miscarriage of justice.
We recommend a full read of the Independent Review by our former chair of the CBA, Chris Henley KC of the CCRC’s handling of the Andrew Malkinson case. The concluding remarks are from paragraph 132 on page 101 onwards and the nine recommendations can be found at page 109 to 114. It is noteworthy that Chris Henley KC’s ninth recommendation was that the CCRC be provided with more resources by Government.
Chris Henley KC’s final remarks are:
“There needs to be a culture within our Criminal Justice System where it is acknowledged that mistakes can be made and in our various roles when making decisions we are all alive to this potential risk. If we are vigilant in this way it will make miscarriages of justice less likely to happen. When mistakes are made the victims of miscarriages need a robust, appropriately resourced, bold, mission driven organisation fearlessly asking the right questions and analyzing new evidence and submissions rigorously and above all correctly identifying the cases that should be referred. This is what the CCRC must always aspire to be.”
An update on the October 2022 deal between the MoJ and the CBA
On the topic of resourcing, we wanted to update members on the progress of the deal with the CBA that was accepted by a majority of members in October 2022.
We have noted the recently published figures on the LAA spend for Section 28 and the Wasted/Special Preparation fee and have pointed out how the money promised to the Criminal Bar as part of the deal can best be allocated before the end of the Spending Review in March 2025.
We continue to have regular meetings with the MoJ and hope to meet the new Lord Chancellor as soon as possible to continue these constructive discussions.
We have made submissions to the CLAAB on areas that still need to be addressed in the AGFS and await the publication of the Chair, Deborah Taylor’s annual report.
We will keep you informed.
Harriet Harman KC – independent review of bullying and harassment at the Bar
The CBA is forming a Working Group to collect evidence including reasons for and impact of bullying and harassment at the Criminal Bar to submit to Harriet Harman KC’s review team. We will announce the team shortly and how we will collect information from members. In the mean time we urge all members to report any instances of bullying or harassment to the Bar Council’s “Talk to Spot” Application.
We have updated our Complaints Procedure for complaints made against Barristers or the Judiciary. Please see the links here.
CPS Advocate Panel – September Application Window
The application window for anyone wishing to join or upgrade their level on the 2020-2026 CPS Advocate Panel will open on 1st September 2024 and will close on 30th September 2024 at 23:59. Applications can be made for all panels, including specialist panels, during this application window via the online application portal.
For anyone wishing to submit an application, we strongly recommend engaging with the supporting resources on our website, particularly the video on how to draft a good application and Dos and Don’t of an Advocate Panel Application.
We advise that anyone wishing to apply during the September application window start their application on the Advocate Panel Portal as soon as possible, particularly if an application requires a reference. Referees should be given at least 28 days to complete their reference.
If you require any further information or assistance, please do not hesitate to contact the Advocate Panels Team.
Combining parenting with a career at the Bar – a call for wisdom
Dear Fellow Barrister,
We are both barrister-parents and are writing a book which we hope will be a useful resource for anyone combining parenting with a career at the Bar: it is the book we feel we would have benefitted from. We want to draw together the experiences and insights of those who have already been there, to provide an open, honest (and unvarnished!) account of the challenges which exist, along with the strategies that made things that little bit easier.
Our book aims to be a source of reassurance and guidance for anyone who worries about the feasibility of staying at the Bar and/or their career progression after children. Given this issue still disproportionately affects women, we hope that it will have a positive impact upon their retention and progression.
TO DO THIS WE NEED YOUR HELP.
With the support of the Inns of Court Alliance for Women and the four Inns of Court, we are sending out this short, anonymous survey HERE. It asks 16 questions, four of them requiring one-word answers.
If you have taken maternity/paternity/parental leave from practice and/or have experience of juggling childcare responsibilities with practice, we would be enormously grateful if you would help us by completing our survey. We want to ensure that the picture we build includes as many voices as possible. Please share your experience with us, even if you think otherwise, it is valuable.
Emma Price (5 Essex Chambers) and
Emma-Louise Fenelon (1 Crown Office Row)
Continuing Professional Development (CPD) Guidance and Templates
The BSB are committed to supporting the professional development of members.
If you are a practising barrister, you can use the BSB’s Continuing Professional Development (CPD) Guidance and Templates to help:
- Understand and fulfil its CPD requirements and expectations.
- Use reflection, feedback, and the Professional Statement for Barristers to help maximise the benefits of the CPD process and improve your practice.
- Showcase good practice.
The above mentioned resources can also be used by barristers’ chambers and employers.
Isleworth News
Read the update from HHJ Edmunds KC, Resident Judge at Isleworth Crown Court here.
Court closures due to building/renovation works
At present operational information, such as impacts of building works, is shared in a number of ways – national stakeholder correspondence directly from Nick Goodwin as HMCTS CEO, local stakeholder correspondence from local / regional management teams, weekly and monthly HMCTS information bulletins and live updates which are posted on the Find a Court or Tribunal (FaCT) pages.
FaCT and the info bulletins provide the most up to date and accurate information on operational impacts of building/renovation works. Additionally signing up to receive the bulletins (using the Get emails about this page button) will mean that you will have the most accurate and timely information sent directly to your inboxes.
Changes to Cloud Video Platform and the Video Hearing Service
An update to the technology supporting Cloud Video Platform (CVP) and the Video Hearings Service (VHS). The update will mean that your organisation needs to check, and may need to change, its firewall settings. The full detail can be accessed here.
Thank you
We would like to thank all Judges and members that attended our Summer Reception at Sea Containers House on the 12th July. It was a wonderful evening getting together with friends and colleagues after what has been a busy year working on the backlog. Many thanks to Aaron Dolan who outdid himself in organizing the venue, the refreshments and Max the excellent (and patient) DJ!
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