Monday Message 24.03.25
CBA National Survey 2025
Life at the Criminal Bar
It has become the norm for criminal Barristers to work very long hours. We receive fixed fees on most cases so these hours spent in the evenings and at weekends are unpaid work. We have accepted this for decades. Why?
For 81% of the criminal Barristers who completed the CBA National Survey the reason was clear. We retain a sense of pride and purpose in our work, yet almost half (48%) of us regret and resent this career choice. We are a profession whose dedication and commitment are increasingly overshadowed by the psychological toll of the strains and stressors of work, with profound consequences for health, relationships and well-being.
The consequences of a chronic shortage of criminal Barristers means that those of us who remain have to cover more and more cases. Cases are often listed at the last minute, and we have to make late arrangements. The effect of this, according to our survey, was that in 2024, 84% of us missed important personal (including medical) and family events, 70% had to deal with last-minute child care issues. Working hours meant that over two thirds of criminal Barristers suffered from a significant lack of exercise (69%) and from a chronic lack of sleep (62%). Loss of hobbies and interests were noted by 62% of the respondents and 55% had poor nutrition as a result of their workload. This career has caused strained or lost personal relationships for 54% and unhealthy coping mechanisms for 49%.
The mental and physical health of the Criminal Bar is at crisis point. Poor mental health was noted by 48% and physical health difficulties by 44%. In case it is thought that this might be the “odd ache or pain” we point out that the examples provided included hospitalisation, heart attacks, stroke, chronic back pain and arthritis. Reported mental health issues included burnout, breakdowns, self-harm and suicide attempts. One in five of us are seeking counselling or medical support.
This workload has created a profession in which over three quarters of us are suffering from signs of chronic stress, 77% suffer from low mood and fatigue which is sometimes affecting our work. At times, 64% of us are overwhelmed, unable to cope and have difficulty concentrating. Nearly two thirds of us, 64%, have emotional numbness, a coping mechanism for the daily trauma to which we are exposed.
A number of us are taking drastic steps in response, building in periods of extended leave, reducing workloads and considering leaving the profession entirely.
The 1,441 trials adjourned on the first day of trial due to a lack of advocates in 2023 and the 903 cancelled in the first 9 months of 2024 will only increase if the attrition rate of the Criminal Bar continues.
This is not helped by the complete absence of respect or even reference to the criminal Barristers who prop up the crumbling Criminal Justice System from some Government agencies. This is one of the reasons why the letter from the DPP to the Criminal Bar was so welcome and so well received. Feeling valued and respected matters.
The survey results as to why our stress levels are so high and our workloads so heavy will be included in the next Monday Message. They make for staggering reading.
RASSO
There is no obligation for any criminal Barrister to prosecute or defend rape and serious sexual offences. Fewer than half of all at the Criminal Bar prosecute RASSO cases.
For those who do prosecute RASSO cases, membership of the CPS RASSO panel ought to be an essential pre-requisite. Panel membership is obtained after a thorough vetting process. Practitioners are required to undertake, at their own expense, significant initial training and mandatory refresher training throughout their career. Vulnerable victims deserve nothing less.
The survey has revealed that only 61% of those currently on the RASSO panel intend to re-apply. That means that the shortage of practitioners who are willing and able to conduct these difficult cases will increase at a time when there has been a significant increase in the charging of these offences. Only 9% of us are intending to join the panel. That means that there will be a global reduction of a third.
Many of those who are currently on the RASSO panel do very few cases. One or two cases per year are completed by 35% of the panel and 23% do eleven or more. Although there is little difference in gender of those who join the panel, men are more likely to undertake a few cases at most whilst women are more likely to take on extremely high caseloads of this work.
The reasons why people have left the RASSO panel is mirrored by the reasons why people are leaving now. A massive 77% are leaving the panel because the remuneration for RASSO work fails to adequately reflect the hours of work. Undertaking s28 cases is the second highest reason at 71%. The emotional exhaustion of this work (56%) is the third reason.
Section 28
For the Criminal Bar, the preparation of questioning for a s28 hearing takes as long as it does to prepare a trial. All the evidence in the case has to be read, together with a large quantity of evidence that the prosecution are not using. We were assured that Barristers would be able to come out of trials that they were in to conduct these cases, and that the trial would be listed when the Barrister who completed the s28 was available. That has not been the case. Why does this matter? Criminal Barristers do not get paid for work until the case is finished. That can be years later, particularly where a witness’s evidence has been captured using the s28 procedure. All the work done is for nothing if you cannot then do the trial. The fee for a s28 hearing does not adequately reflect the work involved.
The MOJ has produced a piece of statistical analysis on the use of s28 hearings which it is using to pretend that all is well for victims who are advised to have their cross-examination pre-recorded in advance of trial. The MOJ research is limited. It covers most of the period before adult rape victims were even eligible to use this measure. It does not identify what the offence was and cannot distinguish between cases where the witness was an adult or child. It fails to identify whether the witness was a complainant to the charge or dealt with a different evidential issue. It cannot say whether the guilty verdict was for an offence for which the s28 was produced or a difference charge. It ignores any acquittals that happened alongside a single conviction. On the basis of this, the analysis found that there was no difference in the conviction rates whether s28 was used or not.
This research was commissioned because Professor Cheryl Thomas KC’s research, which was far more detailed and covered a greater period of time, found that using s28 has caused a reduction in convictions across the board, from children to adults, which mirrors the perception of the Criminal Bar. The new MOJ research based on older data than that used by Professor Thomas KC is now being spun as proof that s28 is the way forward. For s28 to be increased in use it requires significant investment in the reduction of the court backlog, in the criminal Barristers who undertake this work and in the Judiciary who preside over these cases. There is no point in promoting measures for trials if there are no courts to deal with them and no Barristers to conduct the cases.
If the aim of s28 was to reduce the delay for victims it has failed. It may certainly have reduced the time that victims have to wait to be questioned at court but once that questioning has been completed, the case is no longer a priority and the trial may be years later. For a victim, waiting for the conclusion of the trial process creates additional trauma.
Crumbling Courts
We have recently been advised that Harrow Crown Court which has been closed for some time due to RAAC is listing serious criminal cases in Willesden and Hendon Magistrates’ Courts. At Willesden the jury sit behind the Barristers who cannot see the Judge, the jury and the witness at the same time. There are few spaces in the public gallery for family members and loved ones to observe the trial.
At Hendon, the courtrooms are so small that if the defence Barrister reached out they could actually touch the victim. This makes a traumatic experience more difficult for all involved. Criminal Barristers feel uncomfortable being so close to a witness who they are having to challenge. Imagine how it feels for victims.
In Derby Crown Court this week, many hours of precious court time were lost when the fire door to the cells did not work. Prisoners were not able to access the building on two mornings causing significant delays across the whole court centre. The hardworking court staff and judiciary at court centres across England and Wales are exhausted trying to keep things going.
The Backlog
It is plain to us that no active steps are being taken to reduce the backlog before the Leveson Review reports. This is unacceptable.
When the Central Criminal Court has half of its courtrooms and both of its Nightingale courts closed, Isleworth has 5/20 courtrooms closed, half of the courts at Bristol Crown Court and 1 in 5 court rooms across the country remain closed each working day, the self-triumphant narrative of additional sitting days seems very hollow. HHJ Falk at Snaresbrook was obliged to set a trial date for October 2028. He said that there would be a pre-trial hearing to make sure that all the participants were still alive before the trial date.
What are the CBA doing?
Our brilliant remuneration team, led by Richard Christie KC are working closely with the equally brilliant remuneration team from the Bar Council. Together they have produced detailed submissions to the MOJ, to the Treasury and to the CPS to seek an independent annual pay review body, broad parity of fees and a one-off percentage increase in fees to bring our fee structure up to where it would have been if we had been given the same rights as other key workers to a cost of living and/or inflation rate increase for the last twenty years. We continue to have regular meetings with the MOJ and the CPS where, together with Barbara Mills KC and her team from the Bar Council, we urge immediate change. The two chairs of the CBA and Bar Council are forming joint groups to assist with the issue of listing and working tirelessly together to make change.
Silk’s Day:
We congratulate all of our King’s Counsel who will be making their solemn oaths today and celebrating their incredible achievement with their families and friends. This is the culmination of many years of dedication to the profession and we hope that you enjoy your day.
Gender inequalities in income
HHJ Emma Nott has written an excellent article on the subject of disparity of income at the Criminal Bar between men and women. Her long-term and in-depth research, taking account of the Bar Council statistics and analysis, demonstrates that women make up 33% of those who derive 80% or more of their income from criminal work generally, but only earned 26% of the earnings that year. After 11 years’ call, women earned on average 22% less than men. Women Silks earned on average 22% less than male Silks. At the defence Bar, there is a clear and entrenched imbalance in criminal defence work allocation. The CPS has done better in that women have broken the top 200 barrier where the proportion of women has increased from 14% to 20%. Emma describes this as a “glimmer of improvement.”
Her article can be found here.
Navjot Sidhu KC
Navjot (Jo) Sidhu KC was Vice-Chair of the CBA in September 2020-2021 and Chair in 2021-2022. On the 9th December 2024 he would found guilty by a disciplinary tribunal of sexual misconduct that occurred or around the 26th November 2018. He was disbarred on the 19th March 2025.
We must all try to understand the effect of actions and words to our mini pupils, pupils, junior and senior practitioners. We must be mindful of our status in the eyes of those who depend upon us for training and professional development. We must demonstrate kindness and respect for all. Where we see conduct which falls short of that, we must tackle it. We must protect and preserve the interest of the next generation of criminal Barristers.
Every aspiring and every practising criminal Barrister within our community has the right to work without fear of any inappropriate conduct and we must all work together to ensure that is the reality moving forward. If any person has been subjected to such behaviour please do “Talk to Spot.”
HMCTS
HMCTS Operations Director, Daniel Flury, has written a two-part blog series about the challenges facing criminal courts and how they’re working to address them.
In the first blog, Daniel outlines the current situation in our criminal courts, including the caseload pressures they’re facing, and the actions being taken. He covers recent policy changes, Crown Court sitting days, and HMCTS investment in court buildings.
The second blog looks to the future, setting out their plans for 2025 and beyond. Daniel explains how they’ll build on the foundations of the Reform Programme, improve digital systems, better support vulnerable witnesses, and strengthen collaboration across the criminal justice system.
Yours,
Mary Prior KC
Chair, The Criminal Bar Association