Monday Message 23.09.24
This week, the new Government has its first Party Conference in office. We await with interest the strategic short and long-term plans to rebuild the foundations of a broken criminal justice system. We have held initial meetings with the Ministers responsible for making the change and we appreciate what appears to be a new, constructive start. The criminal justice system has been in the news regularly over the last month and we are deeply concerned that some immediate responses to public criticism have been made without joined-up thinking or communication between the various departments which will have to make these changes work.
The Criminal Bar Association hopes that the Government will listen to our suggestions on behalf of the 2,400 key workers who serve in the criminal justice system every day.
We accept that this Government has inherited the highest ever backlog of criminal cases in both the Magistrates’ Court and the Crown Court. They did not create this mess but it is now up to them to try and fix it. We can play our part, and we can help if we are properly consulted before crucial decisions are taken. The current situation is dire and it has real life consequences for us all.
Many of our members are holding on to see whether this new Government with its commitment to open and transparent working will try to fix this broken criminal justice system by properly investing in it and by following the recommendations of the independent bodies who have explained the very minimum which is required to retain our criminal Barristers, or whether it will oversee the eradication of the Criminal Bar.
Over a quarter of criminal cases which have been sent to the Crown Court now wait for a year or more to be heard, prolonging distress for every participant in every trial. There are an increasing number of cases, 6,523, where people have been waiting over two years for a trial. Whilst the trauma of waiting for complainants and defendants is clear, people often forget that members of the public who have witnessed crimes are also worried and nervous about giving evidence. Memories fade over time. Justice delayed can result in justice being denied.
The trauma that delays cause for complainants in rape and domestic violence cases, combined with the fact that very few police reports lead to prosecutions for rape is regularly in the news, but the delays affect so many other cases. We wish to highlight the very real struggles in cases of fraud. One in fifteen of us are said to have been the victim of a fraud and fraud against individuals costs around £7 billion each year. Currently, only about 0.75% of frauds reported to the police in a year result in a prosecution, roughly one in every thousand. Of cases that are prosecuted the conviction rate is 84.9%. Fraud is not perceived to be an investigative priority and the trials for defendants on bail are subject to considerable delay.
For those highly skilled barristers who prosecute and defend criminal cases these significant delays can cause gaps in their diaries and an ever-increasing number of them leaving the Criminal Bar. The cases that are heard are often extremely lengthy and the criminal barristers work extremely long hours to get these cases ready for trial and to present the complex evidence in ways that jurors can understand. We are incredibly proud of the skilled work that they do to enable those who accuse others of fraud and alleged fraudsters to have first class representation.
The solution of the Ministry of Justice in the 2021 in the Spending Review was to reduce the Crown Court backlog to 53,000 cases by March 2025 with some of the £477 million budget. They failed. The backlog is at least 20% higher than it was in 2021 and getting higher. We cannot know what that failed attempt has cost because additional funding is not separately monitored. Estimates are that the backlog will be nearer 80,000 cases by March 2025. The criminal justice system can only properly function with a reduction of that backlog by about 50%. The knock-on effect of failing in this ambition is that the remand population in prison is the highest in 50 years, over 17,000 people are in custody waiting for their cases to be concluded. Around 2/3 of those are waiting in custody for their trials.
One of the consequences of massive underfunding of the criminal justice system is that the court buildings are not fit for purpose. In 2022, the MOJ estimated that 50% of courtrooms were at risk of sudden closure. Gaps in data from the MOJ make it difficult to see a clear and accurate picture. Whatever money has been spent is not leading to positive reports from the barristers, court staff and court users who attend courts.
All Government departments who are responsible for the criminal justice system need to communicate with each other so that the consequences for each department are considered before action is taken by another and they all need to communicate with the criminal Bar so that we can start to return our criminal justice system back to something that fills us with pride rather than horror.
The CBA Podcast Series – Criminal Justice Matters
We have created a series of podcasts to explain how delays and a lack of investment into the criminal justice system has a significant impact on us all, including victims of crime and those accused of crime. Do please listen to the Criminal Justice Matters podcasts, episodes 1-3.
You will hear from Peter Collier KC, the former resident judge at Leeds Crown Court, who links the decision to cut sitting days in court, with the delays in cases and with the departure of many barristers from criminal practice. You will also hear from experts in trauma. You will hear from two brave people, a real victim, “Paula” and a defendant “Paul” about their experiences.
Any Government minister interested in the restoration of pride in our criminal justice system may want to listen, in particular, to the former Resident Judge at Leeds Crown Court, who links the Government’s decision to reduce court sitting days with the backlog of cases and the departure of many barristers from criminal practice.
Changes to CVP and Video Hearing Services
HMCTS are updating the technology that is supporting the Cloud Video Platform and the Video Hearings Service. This will be implemented on a rolling schedule commencing 28th September 2024 with civil and then family courts. We may need to change our firewall settings in due course to enable us to join remote hearings. We will keep you updated as to when the criminal courts updates will commence. We thank HMCTS for keeping us informed of these developments and look forward to a collaborative working relationship with them.
Matthew Hardyman
Last month we passed on the tragic news of the death of Matthew Hardyman of 15 New Bridge Street. His funeral was held last Friday in Welwyn Garden City: it was an immensely moving occasion, with many members of the profession in attendance.
Mat’s family are raising funds in his memory through the Kalisher Trust, dedicated to promoting diversity and nurturing future talent at the Criminal Bar.
For anyone wishing to make a donation in Mat’s name, this can be done (with or without Gift Aid) using the following links: –
- Become a friend of the Kalisher Trust and set up a regular donation here; or
- Make a one-off donation here.
The Midland Circuit
We are delighted to welcome Harpreet Sandhu KC as Leader of the Midland Circuit. Harpreet was a huge supporter of the Criminal Bar during the action and was willing to attend the steps of Birmingham Crown Court and speak out on our collective behalf. His presence and support meant a great deal to those Circuit members who stood on the steps with him. Harpreet also spends much of his time encouraging and supporting many students and new practitioners who want to become members of the Criminal Bar. We look forward to working with him.
We are grateful to Michelle Heeley KC for her work for the Midland Circuit during the period of her Leadership. She worked tirelessly on behalf of the Circuit Members and was never too busy to listen or help. She has always supported women in criminal law and worked with many organisations to make the profession accessible.
Yours,
Mary Prior KC
Chair of The Criminal Bar Association.