Monday Message 24.02.25
The criminal justice system is subject to significant scrutiny. We await the content of the Leveson Review and part two of the Gauke Review, a new listing procedure and an understanding of the fiscal settlement that the Treasury will provide to the MOJ and to the CPS to demonstrate its commitment to the rule of law and functioning Courts.
The response by the MOJ to a recent article in The Observer about excessive delays in rape cases by Lizzie Deardon is: “This government inherited a record and rising courts backlog – that’s why we’ve asked Sir Brian Leveson to propose once in a generation reform to deliver swifter justice for victims.” The link to The Observer article is here: ‘UK rape victims are waiting too long for court cases, say top lawyers’ | UK criminal justice | The Guardian
Our understanding from the MOJ terms of reference was that the Review would consider the merits of longer-term reform and review the efficiency and timeliness of processes in cases through charge to conviction/acquittal. The Review was to consider longer-term options for the reform of criminal courts, bearing in mind the vital aspects of fairness, and to tackle the backlog. Whether this amounts to “once in a generation reform” remains to be seen, as history tells us that many recommendations of independent reviews are welcomed but not implemented, including some of the 56 recommendations made by Sir Brian Leveson in January 2015 when he was asked to consider efficiency and timeliness in criminal proceedings.
In any event, we will need to focus not only on reform for new cases but on the present backlog because future change will be no comfort for the thousands of people waiting for years for their cases to be reached.
The Survey
Please take ten minutes of your time this week, if you have not already done so, to complete the CBA national survey.
Whatever changes are suggested or made, the people who will have to conduct the 85,000 serious criminal offences outstanding are the Criminal Bar. We need to be heard in this process and our views as to recruitment, retention and the likelihood of Criminal Barristers remaining within the profession are best provided by all of us responding to the questions within our national survey. If you have yet to complete the survey we urge you to do so and to ask your colleagues at the Criminal Bar to complete it too. It is easy for the Government to ignore anecdotal accounts of why the Criminal Bar is on its knees. It is impossible to ignore the truth if we Criminal Barristers across England and Wales have spoken. We represent your views and therefore it is essential for us to understand the concerns and worries of the Criminal Bar across the entire country.
Please help us to enable your voices to be heard. The survey can be found here.
The Gauke Review Part One
The first part of the Gauke Review on Sentencing has been published. It demonstrates that the consequences of the popular, repeated, political narrative, from 1991 to the present day, that governments will be “tough on crime” without adequate investment in building the prison spaces to house those given longer and longer sentences led to a near collapse of the system in 2024. The narrative has much public support. The public generally consider that longer and tougher sentences are what is needed for us to live safely. As a reflection of that view, community orders have reduced by 61% from the figure in 2010. Upon release from custody, 37.2% reoffend.
The recent and necessary early release schemes have reduced the prison population to 85,618 but that number is set to increase by 3,000 each year so that it will reach between 97,300 and 112.300 in seven years’ time. Demand will far outstrip supply.
Part of the problem caused by the ever increasing backlog of cases in the Magistrates’ and Crown Courts is that the remand population is the highest that it has been in the last 50 years. There is no sign of that decreasing in the short or medium term. Within the last six years the remand population has almost doubled and stands at 17,000 prisoners, some 20% of the prison population. Of those, 11,000 await trial and the remainder await sentence.
Using all available courtrooms and, if necessary, Nightingale courts, each and every day would ease the pressure on the remand population. We do not require any Review to tell us that.
The Government decides the focus of the criminal justice system. It is not for the Criminal Bar to do so. However, the increasing absence of Criminal Barristers to conduct trials across England and Wales will exacerbate this crisis.
St. David’s Day
Dydd Gwyl Dewi Hapus i’n holl gydweithwyr Cymreig. Rydym yn cydnabod eich bod yn sefyll gyda ni ac yn parhau i weithio’n galed yn ystod yr amseroedd anodd hyn i’r Bar Troseddol.
Happy Saint David’s Day to all our Welsh colleagues. We recognize that you stand with us and continue to work hard during these difficult times for the Criminal Bar. We thank Emma Sutton KC and John Simmons for teaching us a little Welsh.
Diana Ellis KC
With great sadness, we note the passing of Diana Ellis KC who practised from 25 Bedford Row Chambers in London. Diana was an active member of the Criminal Bar throughout her career. She defended in many high profile trials and had an especial interest in the Kurdish Human Rights Project. She was an inspiration to many and will be sadly missed. Our thoughts go to all of her colleagues at 25 Bedford Row and at the wider Bar, to her husband, Geoff, to her family and friends.
Miscarriages of Justice
Yusuf Solley kindly advised us of a call for evidence from the All Party Parliamentary Group on Miscarriages of Justice who have launched a Westminster Commission on Joint Enterprise. It will be examining ‘joint enterprise’ in law, policy and practice, and its intersection with race, sex and neuro-diverse people.
The Commission recently issued a call for written evidence. Chambers or other interested parties might wish to contribute to the discussion.
The Bar Representation Fee
When we complete our annual authorisation to practice, the Bar Council advises us that they receive 26% of the fee that we pay. The remainder is divided between our regulators, the Bar Standards Board, Legal Services Board and Legal Ombudsman. The Bar Council advise that the percentage that they receive provides 65% of the income that they need. The remainder comes from donations from the Inns of Court, services, training, events and the Bar Representation Fee. If you choose to pay the BRF, there is a minimum voluntary contribution of £160 per annum which can be paid monthly.
Over the last two years we have received strong support from the Bar Council Remuneration Committee and significant support from the Chairs, Sam Townend KC and Barbara Mills KC, both in public and private meetings. It is right and fair that we thank them for their assistance.
Judicial Reverse Mentoring
Members of the Judiciary can volunteer to be mentored by a young practitioner who has a protected characteristic. The young practitioner shares with the Judge the reality of life at the Bar for them and discusses ways in which the Judiciary can be more inclusive and supportive. The scheme significantly benefits the understanding of the Judiciary and has been described by the mentors as benefiting them in their understanding of the role of the Judge and in enabling them to consider a judicial career. This is a good opportunity for young practitioners across England and Wales.
Please see here for the application information for Mentors (Legal Professionals), which includes the MS Forms link to apply.
Applications will be open until 5pm on Friday 28th March 2025, after which the MS Forms will be closed. If anyone has any queries, concerns or issues, please ask them to contact [email protected]
Assistant Secretary Elections 2025
The online election will open at 16.00hrs today and close on Monday 3rd March at 16.00hrs.
Yours,
Mary Prior KC
Chair of The Criminal Bar Association.