The CBA
@TheCriminalBar
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The Criminal Bar Association exists to represent the views of the practising members of the Criminal Bar in England and Wales. RT's not an endorsement.
London
Joined January 2012
The Leveson Review. In the CBA’s response to the Leveson Review we made eight proposals for immediate changes to start the process of fixing our broken Criminal Justice System. Chair Mary Prior KC, Message:. Our first two proposals were to remove the cap on Crown Court sitting
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Dear @BorisJohnson,. Throughout Covid-19 we have prosecuted & defended individuals in the CJS. We believe in the rule of law, the innocent should be acquitted and the guilty convicted. You have failed to fund the system properly. Do not lay blame at our door; it is at yours.
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In response to @DominicRaab's misleading article, a few truths:. 1. We have not asked the government to infringe any public law principles. This is a lie. We have asked for a response to a report MoJ commissioned, and have had since the end of November.
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This is an outrageous attack on the rule of law & lawyers who seek to uphold it. Act lawfully or face challenge. It requires immediate condemnation by the Lord Chancellor @RobertBuckland & @attorneygeneral @SuellaBraverman . And resignations from those responsible @ukhomeoffice.
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Criminal barristers have attended Parliament to lobby their MPs regarding the crisis in the Criminal Justice System
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To be clear to all non-lawyers, it was a positive government policy as of 2018 to defund courts and reduce the number of court rooms to hear criminal cases, resulting in a +40,000 case backlog in March 2020. The Government have hamstrung the Criminal Justice System. Not lawyers.
Dear @BorisJohnson,. Throughout Covid-19 we have prosecuted & defended individuals in the CJS. We believe in the rule of law, the innocent should be acquitted and the guilty convicted. You have failed to fund the system properly. Do not lay blame at our door; it is at yours.
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Our members have made the difficult decision to adopt the current action on an indefinite basis from 05 September. This is about more than just money. This is about safeguarding the future viability and fitness of the CJS for all who become involved in it.
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2. The report, which Dominic Raab has had for nearly 4 months, outlines investment in the profession is urgent. Urgent is not 9 months time. Over 92% of criminal barristers in our recent survey thought a delayed response such as this was unreasonable.
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7. Too many have left the profession; funding is needed urgently. Prosecutors are now regularly not available for cases. Diversity demands investment. We need funding to ensure the justice system functions. You aren't tough on crime if you don't fund the CJS.
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3. Pay has not been boosted. This is a lie. There has been a real terms reduction for 25 years. The latest government spending figures show less and less is being spent on AGFS. Before the pandemic the government cut sitting days, cutting pay with it and producing the backlog.
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3. Since before 2018, we have engaged with the CLAR process. It was recognised then that there was urgency, and that funding was needed. The interim measures were just that; interim. We have been patient, and engaged, for nearly 4 years. Any suggestion to the contrary is a lie.
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We prosecute and defend . Without fear or favour. Lawyers are here for all of us. No us.No you.
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We have spent months campaigning, writing reports & instructing @Mishcon_de_Reya to protect our members and the Bar from the discriminatory project to introduce Extended Court Operating Hours. We are pleased that @MoJGovUK has taken the decision not proceed with the scheme.
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The Government response to @BarristerSecret damning assessment of our criminal justice system is inaccurate and woefully inadequate. The legal aid criminal Bar has received no support from Government in anyway. Our members are angry. The CBA are furious.
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6. We are not proposing strike action. This is a lie. We propose withdrawing labour on cases "returned to us" when counsel is no longer available due to work commitments i.e where our hardworking & outstanding value for the tax payer props up a system which only functions with us.
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4. The 74m quoted was part of "interim measures" they have not yet had any impact on pay. Swinging cuts and inflation mean it is a falsehood to suggest a pay rise. The interim measures were just that; interim. CLAR was written with these measures in effect. The issues remain.
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“A young junior criminal barrister in the first three years of their practice is earning just over £12,000 a year before tax. A lot of barristers now are working under minimum wage and we’re facing a huge exodus of practitioners from the profession.” Chair @JoSidhuQC @BBCNews.
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We are very sad to hear the news of the passing of Mark George KC, Head of Garden Court North Chambers. Our thoughts and sympathies are with his family, and friends and colleagues. He was a giant at the Criminal Bar. And a mentor to the juniors. He will be much missed.
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5. There is no legal requirement for any consultation to be 3 months in length. We want to work with the government to implement changes as quickly as possible. As yet there is no timetable in place to confirm when the Gov would plan to implement any measures after consultation.
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6. There is consensus between both professions @CrimeSolicitors @lccsa that immediate funding is required. The implementation of funding for both professions can be uncoupled and implemented with a truncated consultation period. Further consultation on other aspects can follow.
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The average wait for a trial in crown courts across the country is 708 days. Reports from one London court that on their calculations their backlog will take 12 years to clear with the courtrooms they have available. Celebrating a 1% reduction is just spin.
I'm pleased to see early signs of the Crown Court backlog dropping - thanks to Nightingale Courts, unlimited sitting days, super courts and new technology. There is still much to do but we're working hard to ensure victims get swifter justice.
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Our profession is based on ethics. Our members advise on the law & evidence. When we defend the decision on plea is down to our clients. The suggestion that anything to the contrary widespread is inaccurate and untrue. A correction would be welcome.
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DPP announces that prosecution barristers fees will increase to achieve parity with the defence. This has been hard fought for by @TheCriminalBar alongside the CPS and the Bar Council and with support by key politicians. The CBA already is working on the detail alongside the CPS.
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*BALLOT RESULTS*. The Criminal Bar has voted decisively in favour of action. 95% voted in favour of action on Prosecution fees . 94% voted in favour of action on Defence fees (AGFS 11). The message is clear. Engagement has been overwhelming.
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A thread on the announcement from the Government today:. There is no change. No barrister will see the money until late 2023/24; the 15% will only attach to new rep order from October.
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Yet more disinformation today from the Ministry of Spin claiming every criminal barrister will get £7k from October. They told solicitors they were getting 15%, before being forced to admit it was actually only 9%.
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And the jewel in the criminal court estate, The Old Bailey makes a very late entry. With water leaking through the ladies robing room and bar mess. A day of rain has exposed the true degradation of the court estate. Left to wrack & ruin. £900k to paint a plane. Priorities?!.
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Monday 27 June . #Action4Justice gatherings . Assemble from 830am onwards.speeches from 10am outside:. Central Criminal Court (Old Bailey). Birmingham Crown Court. Manchester Crown Court. Leeds Crown Court. Bristol Crown Court. Cardiff Crown Court. @TheCriminalBar #1Bar bar none
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State of criminal justice system today. Murder trial at the Bailey (flagship court): the lights are so dim over the witness box (several broken) that the officer going through key evidence had to request a lamp to read schedule. Reason: cost of scaffolding to replace bulbs.
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“…to be absolutely clear, matters of deployment of judges, the allocation of work for judges and the use of courtrooms is a matter for the judiciary and more exclusively a matter for myself and the senior president of the tribunals and it’s really important, chair, that people
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“This reflects a recognition amongst criminal barristers at all levels of call and across all Circuits that what is at stake is the survival of a profession of specialist criminal advocates and of the criminal justice system which depends so critically upon their labour,”.
Barristers are to walk out from next Monday in a strike over pay that could bring the courts to a halt.
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Wow!!! Thank you all so much! . We've hit our £10k target to send every MP a copy of @BarristerSecret's "Stories of the Law and How it is Broken" & YLAL Social Mobility Report. Now let's get it to £25k to create a fighting fund for criminal justice. #TheLawIsBroken .#Act4Justice.
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Justice not vengeance. We prosecute on behalf of @CPSUK and defend those accused of criminal offences, without fear or favour. No matter what the offence, no matter what the person or views of the criminal barrister, justice will be served according to the law. Barristers, by.
After defending in a sentence, I received a message from a stranger who tracked me down on social media saying I'm just as disgusting as the person I defended. No big deal, I blocked and reported. I told my head clerk. If he contacts me again I will call the police. 1/5.
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The Under-SoS for Justice has resigned today, but his boss is still in place at the MoJ. We therefore repeat our call for negotiations to start without delay. The agreed meeting between the CBA and the Ministry remains in the diary for next Tuesday.
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The members of the CBA will be balloted on suspending action on the basis of an interim package. The details are being discussed with our members. It is not a good start that the Lord Chancellor @BrandonLewis has insisted on going ahead with a premature press release.
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Our views are simple. The right to a jury trial is under threat. #covid19 is being used as an excuse. Reality: political decision to slash and burn the CJS has caused the crisis. Prior to #Covid19 the backlog was left to grow. The answer is invest. We need your views.
CRIMINAL PRACTITIONERS- @TheCriminalBar need your views by 4pm this Friday 26th June. CBA survey on jury trials and extended working hours
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With our solicitor colleagues we have kept the system on the rails through 2 years of chaos. We’ve waited over 3 years with a promise of funding. No £ increase for 25 years. Working conditions are unsustainable many have left. Urgent £ is needed now. Inject the £ needed, now.
Barristers accused of “irresponsible and unwarranted” plans to strike over pay by @DominicRaab @TheCriminalBar announced 96.5% backing for action in survey of 2,000 members if Govt fails to commit to a “substantial” increase in criminal legal aid pay.
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Pupils are now on their feet. If you are a pupil, just remember the criminal bar is a friendly place. We all need help & get overwhelmed sometimes. Just ask. Most importantly, be kind to yourself. The rest of us will be looking out for you. You are our future.
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"Justice scorecards" do nothing to address the underlying causes of the 75,000 case backlog. It is a distraction from the urgent investment required to tackle the backlog caused by a lack of funding pre-pandemic. @DominicRaab @MoJGovUK .
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“Criminal barristers have stopped soldiering on through downtrodden criminal courts. They have stopped watching vulnerable people bounced into trials in 2024, hands clasped in prayer that there will be anyone left to prosecute and defend” @Kirsty_Brimelow .
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Today’s example of the very real delay in listing. Violent disorder. Offence: 2nd December 2017.Charged: May 2019.PTPH: July 2019.Fixed for trial 24th February.Today relisted January 2021 because of lack of judges. Judge embarrassed and couldn’t believe what he was doing. .
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The CBA considers that there is an ongoing unacceptable public health risk in our courts with inadequate procedures in place with a failure to meet basic standards. Statements indicating Courts operating as normal emanating from the Govt do not reflect realities on the ground.
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The last time @BorisJohnson publicly attacked criminal lawyers was October 2020. Nothing has changed. Is he tough on crime? Where is the funding to ensure trials can take place? . Criminal legal aid barristers are walking away. Unsustainable working conditions and poor pay.
Dear @BorisJohnson,. Throughout Covid-19 we have prosecuted & defended individuals in the CJS. We believe in the rule of law, the innocent should be acquitted and the guilty convicted. You have failed to fund the system properly. Do not lay blame at our door; it is at yours.
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Angela Rafferty QC: We are informing our members today that they should consider not taking any work under rep orders from 1 April 2018, the implementation date of the reforms. We will hold days of actions. We will fight to improve the justice system . #Action4Justice.
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The Criminal Bar has spoken. The current relationship with the CPS is broken. 95% are prepared to walk out or refuse to take cases if the [CPS] refuses to fix it. There has been no investment for 20 years. Nothing. It is unsustainable.
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Those attending gatherings outside of the Central Criminal Court, Birmingham Crown Court, Manchester Crown Court, Crown Square, Leeds Crown Court, Bristol Crown Court and Cardiff Crown Court on 27.06.2022 should attend in robes if possible. What is crucial is that you are there.
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Criticising the “appalling” number of rape trials affected by the lack of judges, Peter Collier KC – who sat as a judge at Leeds Crown Court for 11 years until 2018 – said that adjourning rape trials on the day would “never” have happened during his tenure, “other than because.
According to analysis by the Criminal Bar Association and The Independent, a record 51 trials – 10 of which were for rape and 19 for violence – were delayed by judge shortages between April and June, more than double the quarterly average of 21 in the five years prior to 2020,
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Thank you . To all our specialist.highly skilled.criminal barristers.dedicated to public service .prosecuting and defending.without fear or favour.those accused of criminal offences. Our criminal bar . 1BarNone. Here’s to a just 2024.
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“The latest figures for the backlog are the worst that have ever been. Rather than focusing on putting 2 years on a whole life tariff, I would rather the government focus on actually getting trials underway…so there isn’t a backlog of almost 64,000 cases”.@K80bex @Channel4News
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“the legal aid budget had been slashed by almost 40% in less than a decade, while funding for courts and tribunals had fallen by 21% in real terms. The CBA says criminal barristers have seen their real earnings fall by 28% since 2006”. @guardian .
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Tomorrow, members will begin assembling outside the following court centres from around 9am: .•Royal Courts of Justice, London .•Liverpool Crown Court .•Nottingham Crown Court .•Birmingham Crown Court.
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Time to reinvest in qualified criminal barristers and solicitors . Since 2011 cuts to legal professionals relied on to help any government’s primary duty to keep all its citizens safe, have forced many to walk. Courts may open longer but don’t expect sufficient qualified lawyers.
So the very legal professionals who successive governments have treated so shabbily, are now to be expected to work around the clock.
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No. Just no. Legal aid work is highly complex, often of great significance to rule of law and involves some of the most vulnerable. There is already a two tier justice system. How is that justice? A race to the bottom & further devaluing & deskilling of legal aid work.
Give paralegals rights of audience “so they can do more legal aid work”. Would be interested to hear people’s views on this.
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A shout out to the court staff this morning & those working behind the scenes. Many of whom are still travelling to & working at court, under siege & in appalling conditions. We are all having to adapt. Mistakes will inevitably be made. Patience & kindness goes a long way 💕.
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It is deeply unfortunate that the secretary of state for justice has so far refused to speak to the Criminal Bar Association since October 2021 in order urgently to find a solution to the current crisis, wi.
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“The criminal justice system has been grinding to a halt for a number of years not because of us, but because the government has simply mismanaged the system and underfunded it considerably,” @JoSidhuQC today’s @TimesLaw pages of @thetimes.#Action4Justice.
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***BALLOT RESULT HEADLINE***. A huge turnout from our membership. 93% said they were against erosion of jury trials in the crown court. 95% back the use of extra buildings outside the court estate. You have all been bold and brave.
CBA Announcement: The Jury System - 29.06.20 -
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“In one of my jury trials a defence silk demonstrated that barristers still have the power to stun the entire court into silence, in a dramatic gesture during her speech she flung open her gown to reveal a t-shirt bearing the legend “Hear no shit, Speak no shit, Take no shit.״.👇🏽
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#Southport stabbings .It’s a few days that’s all the public has to wait for the press to go to court and make a considered application to the Crown Court for this person to be named.Until that’s done it would be very helpful for everyone if this kind of speculation just stopped
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For 11 July 2022:. Colleagues will begin assembling outside the following court centres from around 9am: . •Supreme Court, London .•Birmingham Crown Court .•Preston Crown Court .•Plymouth Crown Court.
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Pre-pandemic we called for increased court capacity. Instead court estate was sold. We called on the Government for urgent nightingale courts from March 2020. We urgently need funding so that there are enough hardworking barristers left to clear the Government created backlog.
The new Monument Nightingale court will provide vital additional courtrooms to give Londoners faster access to justice. We are investing £255 million to help the criminal justice system recover from the pandemic, deliver swifter justice and support victims.
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We have come this far and we will not suspend strike action until we see substantial movement from Government. That is what we promised you. There is no legal excuse for not applying an initial 15% increase to the current 58k cases in the backlog.
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Enough. Invest now. Spend on courts. Spend on recorders. Give us the money owed. The profession is angry. The CBA are furious. We want ALL our members back to work. If meaningful steps are not taken to do that then we will be forced to consider other routes of action.
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We stand behind all women and primary care givers at the criminal Bar. The ethos of our profession is to support each other in and out of court. If HMCTS maintain their position we will take action.
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When metaphors become a tragic, crumbling, perilous reality. This was Inner London Crown Court Friday 22 September 930am. Court usher’s desk. We mean it when we say criminal barristers long ago stepped away from metaphorically holding up the roof in a collapsing criminal justice
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The CBA is very concerned by the listing practice at Inner London CC. Specifically on 25.11.2022, in court 9 a sentence was listed at 1400 with an estimate of 2.5hrs. After this, an appeal against conviction was listed at 1630 with an estimate of 1hr.
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A Criminal Bar Association spokesman hit back at the government for blaming the barristers’ strike. The spokesman said: “Criminal barristers are fed up of being gaslighted by government, blaming us for doing for 18 months what the government demands and public expects of us —.
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One quarter of the 194 cases abandoned due to no available pros/def barristers were cases concerning sexual allegations. Due to government underfunding some of the most important, and most sensitive cases have been impacted. Would @DominicRaab tell complainants to be patient?.
“194 criminal trials had to be abandoned from their start dates between July and September 2021 because there was either no prosecution or no defence advocate available” 32 fold increase in 1 year reveals @TheCriminalBar chair @JoSidhuQC as @MoJGovUK @DominicRaab says “patience”
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“Mira said it's "really heartbreaking" to tell defendants and their family who've shown up to court, that they have to wait another six months for their case to be heard because there's a lack of lawyers, or no court space to facilitate it”.
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No matter your view. No matter your call. No matter your vote. Be respectful of each viewpoint. Be respectful of different experiences. Be respectful of all levels of call. Be kind; everyone is coming from a particular experience. Our strength is our unity.
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Meeting next week @Kirsty_Brimelow .“I look forward to meeting the Lord Chancellor and hope this introductory meeting urgently will be followed by opening of negotiations to resolve the criminal barristers’ action of stopping work on cases as a result of the crisis in the CJS”.
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LASPO: Just compare those two figures. £800m - cuts. £5m - to be put back in to find "new" ways of delivering legal support. Derisory.
@APPGLegalAid @lucyfrazermp opens meeting on LASPO review. Not sustainable to put £800 million back into legal aid. Need to do things differently. Will be a £5m fund to work with legal sector to find new ways of delivering legal support.
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Another day.another broken court.delayed rape trial.Hove Crown Court.all 4 court rooms closed.No running water today. 7 week rape trial stops on day 2 .All counsel and witnesses turning back. 19 count case.7 young female complainants . Will the trial move to a London court? .TBC.
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We look forward to seeing how the new government will invest in and sustain our criminal justice system in the short and long term. Tana Adkin KC, Chair @TheCriminalBar
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Pupils are now on their feet. If you are a pupil, just remember the criminal bar is a friendly place. We all need help & get overwhelmed sometimes. Just ask. Most importantly, be kind to yourself. The rest of us will be looking out for you. You are our future.
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Just to reiterate, the @BorisJohnson Government created backlog taken from official @HMCTSgovuk figures. Your CJS hamstrung. By the Government. That’s why the burglary trial which you are a victim of takes years to take place. A positive decision not to fund the courts.
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Trials are being listed in 2025. The backlog is substantial. There are not enough criminal barristers left due to decades of underfunding, and intolerable working conditions. The government must invest, immediately in the criminal bar. 96% agree urgent investment is required.
The trial of Wales football manager Ryan Giggs on allegations of assaulting his partner, and of engaging in coercive and controlling behaviour has been put back for six months because of a lack of court capacity.
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7-8 years for the backlog to go down? 7-8 years of victims and defendants waiting years for their trial. The FACTS are there are not enough criminal barristers. They’ve left because of funding and working conditions. The FACTS are the extra judges needed are barristers.
Exc: .Dominic Raab has done an interview with me, conceding victims of crime will continue to wait for justice as he cannot say how many years it will take to clear the crown court backlog.
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#Budget .There is no point in talk of investing in police investigations, in the protection of women and girls, in “swift justice” and building new prisons if the essential part of the justice system, the trial process is so underfunded that by the time a trial can take place,.
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Announcement on sitting days: Welcome but to place in context, still 10,000 fewer than 2019 and a staggering 27,000 fewer than 2015. Nowhere near what is needed.
Judges are to sit for thousands of extra days in a bid by the Ministry of Justice (MoJ) to reduce court delays that have seen victims waiting up to three years for justice.
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After months of petitioning various working groups. The CBA are pleased @HMCTSgovuk has agreed to publish Magistrates' Courts lists on Court Serve from today. We hope this assists our most junior members. We will keep working hard to improve things for the profession.
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On Monday 25 March 2024 a disabled witness turned up in court after waiting years for a trial of a defendant charged with causing serious injury by dangerous driving. He had endured multiple operations. The trial postponed and he had to go home as his prosecution barrister had
There will be complainants, witnesses and defendants told this week that there is no room to resolve the worst thing that happened to them until 2026. Some will walk past empty, locked courtrooms to be told that. A quarter of capacity sits vacant today. And they’ll wonder why.
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We are meeting with the judiciary tomorrow to find out what the “extended hours” plan involves. We are clear about what is and is not acceptable. The points was made regarding discrimination on the FOH pilot. We all work weekends already.
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The consequences of the 'political choice' to reduce the number of courts and judges sitting. Offence: Sexual activity with children. 4 child complainants. Trial fixed for Sept 2020. Sentence in child grooming case adjourned 4 times - no Judge available. #TheLawIsBroken.
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Representation without identification. Fair trials. Justice. Criminal barristers provide independent legal expertise in the courts of England and Wales and pride themselves on that independence. Any criminal barrister that also brings their own personal or political views into.
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Thames magistrates court today after wiping the advocates bench. Unacceptable even if not in midst of a pandemic. Please send examples in & see tweet below - not isolated example. @CEOofHMCTS @HMCTSgovuk @TheLawSociety @thebarcouncil.@RobertBuckland @KarlTurnerMP @AlexChalkChelt
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“Kirsty Brimelow KC, Chair of the Criminal Bar Association, said “It is pointless investing hundreds of millions in victim support when their cases collapse at the court building as there are not enough barristers left to conduct the trials” @Daily_Express
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A Constructive introductory meeting with the Lord Chancellor to discuss the ongoing action of criminal barristers. All are committed to finding a resolution acceptable to all and for the future of the criminal justice system. Detailed conversations now will take place urgently.
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If @HMCTSgovuk maintain their position that this scheme is introduced, we will take action. We have held the system together during Covid-19. We have put our health at risk to do the best for the system we believe in. We will not allow ourselves to be taken advantage of.
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Short sighted, myopic policies. Coming home to roost. An absolute waste of public funds.
It cost £22,201 to decommission Telford County Court, it then cost £251,421 to reopen it as a Nightingale Court. Fleetwood Magistrates' Court was closed at a cost of £49,267 and reopened at a cost of £150,312.
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