Monday Message 27.01.25
The CBA is not a political organisation. We represent all members of the Criminal Bar, those in employed positions and those at the self-employed Bar, whatever their political persuasion. We do not favour any government over the opposition or vice versa. Successive governments have played their part in the destruction of the reputation of our Criminal Justice System which was highly respected and valued across the Globe. The Labour party did not properly fund or protect the Criminal Justice System when last in charge.
Knowing the history of the last 14 years, it is difficult to listen to the current cries of the Conservative party that the Labour party is failing in its duty to ensure that we have a functioning Criminal Justice System with unlimited Crown Court sitting days, a first-class service for victims of crime and longer sentences for offenders for whom there should be prison spaces. We are keeping a library of such comments so that, if or when the current opposition returns to power, we can confirm that they mean what they say.
When they were in power, the Conservative government did not demonstrate this concern. Between 2010 and 2024 the Conservative party had the opportunity to improve the Criminal Justice System, the protection of the vulnerable, to ensure that all victims, including victims of rape and violence had their trials heard in a reasonable time, and to reduce the Crown Court backlogs. Instead they reduced the spending on criminal legal aid by half. Prison spaces only increased by 2%, employment of additional prison officers increased by 2.6%, they oversaw the demise of neighbourhood policing and the disastrous reform of the Probation service (in 2014 by Chris Grayling which saw a privatisation of probation with a £500 million bail out to one of the companies involved.) The service was reunified in 2021 but centralised in the Civil Service.
Plainly, as in all periods of austerity, we are the easiest target. Cutting payments to Solicitors and Barristers is a simpler option than complex re-organisation of public services.
Repeatedly, blame is apportioned to the Criminal Bar for taking action. To preserve our profession we were left with no other option. The simple way to have avoided action would have been for the government to work with us to formulate a plan for change and to prevent significant numbers of Criminal Barristers leaving the profession. Instead, Dominic Raab simply refused to speak with us at all. That is why action had to be taken.
Recently we have worked, without any renumeration, to assist the Gauke Review on Sentencing and the Leveson Review. We meet fortnightly, taking time from our working day, with the Ministry of Justice. We have monthly meetings with the Crown Court Recovery Group, the Crown Court Improvement Group. We have quarterly meetings with the CPS.
We have also actively assisted the media with helping to explain to the public the state of the Criminal Justice System and how we think it could be improved. We do this to ensure that the public are made aware of the problems and we speak to a variety of journalists across the spectrum. We are not here to promote any individual or any political party.
The initial decisions of the new government in respect of the early release of prisoners were understandable and were a continuation of previous policies. The reduction in Crown Court sitting days was an error. No doubt it was seen as a swift means to reduce cost, but the consequences for those whose trials were vacated was catastrophic. The increase of 2,000 sitting days is merely the means by which salaried Judges can complete their required hours. If we are serious about timeliness for trials then the budget for Recorders, must be restored without delay.
The short-term financial gain here is not worth the cost to the Criminal Justice System. We cannot continue with knee-jerk reactive policies. A long-term solution must be found. The current contracts for private companies to deliver prisoners, provide interpreters and for technology when review dates are reached must be scrupulously examined to ensure that the public are getting enough value for money and that vital court time is not wasted due to contractual inefficiencies.
We consider that the Criminal Justice System requires a ring-fenced budget and proper investment to survive, to recover and to operate efficiently which should be agreed across the political spectrum. It is in too fragile a state to survive without it.
Minister Sarah Sackman KC attended the first session of the CLAAB in January 2025. We are grateful to her for demonstrating her desire to work collaboratively with the CBA. We consider that the MOJ team dealing with Legal Aid are listening and understanding what the Criminal Bar, Criminal Solicitors and CILEX need to survive, to retain and recruit.
The CBA fortnightly meetings with the MOJ have had a change of tone. We will work tirelessly with them to see if we can agree a mechanism of adequate funding for the professions in the short and long-term. The skill and dedication of HH Deborah Taylor who chairs the CLAAB increases our confidence that we can make progress. It has, of course, been necessary to explain to the Minister the levels of frustration and disbelief within the Criminal Bar that the recommendations of the CLAAB have yet to be implemented. We await a cost of living increase.
We await receipt of the outstanding monies from the agreement reached in 2022 which have yet to be provided to help the profession to survive. We await confirmation that either the CLAAB or a pay review body will assess annual increases to fees so that we key workers are not obliged to take disruptive and expensive action to be heard.
Andy Slaughter MP, Chair of the Justice Select Committee, has been taking the trouble to meet with all of the agencies within the Criminal Justice System. We have always said that to understand the difficulties with the backlog and the stresses and strains for everyone involved in a trial they should observe a Crown Court trial from beginning to end. We are delighted that Harvey Bowen, the Committee Operations Manager has taken the CBA up on that offer and we are making arrangements for staff within the Committee to do so.
All of the recent interactions that we have had with the new Government demonstrate a commitment to listen and to improve the Criminal Justice System by working together. There is hope. Whether there will be action in addition to words remains to be seen.
New KC appointments
The CBA are delighted to welcome 105 new Silks into our profession. There are 72 men and 33 women. Amongst them, 18 individuals identified as being from an ethnic background and eight new KC’s have a disability. We send our congratulations to all. Each of the KC’s who indicate that they undertake work in criminal cases are set out below.
- Lesley Bates KC
- Gillian Batts KC
- Stuart Biggs KC
- James Bloomer KC
- Peter Caldwell KC
- Oliver Cook KC
- Edward Craven KC
- Melanie Cumberland KC
- Nicholas Dunham KC
- Richard English KC
- Timothy Axel Forte KC
- Rebecca Elizabeth Harris KC
- Gerard Paul Hillman KC
- Paul Javis KC
- Jennifer Louise Josephs KC
- Geraldine Kelly KC
- Charles Howard Langley KC
- Francis Joseph McGrath KC
- Ian McLoughlin KC
- Jodie Mitell KC
- Danny Moore KC
- Flora Page KC
- Simon James Francis Ray KC
- David Lawrence Rhodes KC
- Thomas Leon Morelli Schofield KC
- Rachel Katherine Louise Scott KC
- Lawrence Julian Catello Selby KC
- Samuel Skinner KC
- Rachel Michelle Spearing KC
- Thomas Walkling KC
- Kate Wilkinson KC
- Simon Vincent Wiltshire KC
- Nicholas Stanford Yeo KC
The success rate in this application year was 32%. In view of the cost of the application process and the calibre of the applicants who did not succeed this year, we will be discussing the matter with the KC Appointments Commission and providing sessions as to how to improve applications and interview technique.
Great North Run
Nick Peacock from Wilberforce Chambers suffered the loss of his father in 2024 as a result of Alzheimer’s complications. Nick has determined to do the Great North Run in September 2025 to respect his father’s memory and to raise funds for Alzheimer’s Society. Please assist him if are able by donating here.
Yours,
Mary Prior KC
Chair of The Criminal Bar Association.