THE CONSTITUTION OF THE CRIMINAL BAR ASSOCIATION
1 (a) The Criminal Bar Association ("the Association") exists to
represent the views of the practising members of the criminal bar in England and Wales.
(b) The objectives of the Association include:
(i) promoting and representing the professional interests of its members and of the legal profession as a whole;
(ii) assisting with consultation undertaken in connection with the criminal law or the legal profession;
(iii) providing professional education and training and assisting with continuing professional development;
(iv) promoting and maintaining the highest professional standards in the practice of law;
2 (a) Membership of the Association shall be open to:
(i) Barristers in independent practice, employed barristers and pupil barristers;
(ii) Individuals who are studying the Bar Vocational Course with a validated provider;
(iii) Individuals who have accepted an unconditional offer to study the Bar Vocational Course from a validated institution or who have accepted a conditional offer to study the Bar Vocational Course from a validated institution and have fulfilled any conditions to that offer.
(b) The Committee shall have power to admit as associate members non-practising barristers from the United Kingdom and practising and non-practising barristers from abroad who have an interest in the criminal bar and the administration of criminal justice.
(c) The Committee shall have power to admit as honorary members non-practising and academic lawyers and judges who have made an exceptional contribution to one or more of the objectives set out paragraph 1 above. Nominations for honorary membership should be submitted in writing to the Secretary of the Association and will be determined at the next Annual General Meeting by a vote requiring a two thirds majority of those present and voting.
3 The governing body of the Association shall be a committee ("the Committee") all of whom shall be members of the Association.
4 The membership of the Committee shall be made up as follows: -
(a) Five officers, namely Chairman, Vice-Chairman, Treasurer, Secretary and Assistant Secretary, of whom the Chairman shall be either Queen’s Counsel or Senior Treasury Counsel, and the Vice Chairman shall be either Queen’s Counsel or Senior Treasury Counsel. The officers shall be members ex-officio of the Committee.
(b) The Chairman and Vice-Chairman shall hold office for one year. The office of Chairman shall be assumed by the outgoing Vice-Chairman subject only to paragraphs 4(c) and (d).
(c) If a resolution, proposed and seconded by two elected members is placed before the Committee recommending that the Vice- Chairman shall not assume the office of Chairman, that resolution shall be effective if passed by a majority of two thirds of the members of the Committee attending or voting by postal ballot at the Chairman’s discretion. Such a resolution shall be delivered in writing to the Committee not less than seven days before the meeting. The vote shall be conducted by means of a secret ballot.
(d) In the event of a resolution referred to in paragraph 4(c) above being passed, the Chairman shall be elected by members of the Association by postal ballot.
(e) The Treasurer shall hold office for two years.
(f) The Secretary and Assistant Secretary shall hold office for one year. The office of Secretary shall be assumed by the outgoing Assistant Secretary.
(g) Twelve elected members, not more than six of whom shall be Queen’s Counsel at the time of election, and, at least three of whom shall be junior barristers of less than seven years’ call at the time of election.
(h) Up to ten co-opted members.
(i) Up to three members from each Circuit who are members of the Association and who have been nominated by the Leader of that Circuit
(j) Those members of the Bar Council who have been elected as candidates of the Association.
(k) The Association’s Director of Education, the Equality and Diversity Officer and the editor of the Association’s newsletter shall hold office for 2 years and shall be, ex officio, members of the Committee.
5 Members of the Committee shall be elected for a period of three years. One-third of elected members, not more than two of whom shall be Queen’s Counsel, and, at least one of whom shall be a junior barrister of less than seven years’ call shall be elected annually in December by a postal ballot of all members. Every candidate shall be proposed and seconded in writing by members of the Association. Co-opted members shall be appointed for a period of one year, renewable annually to a maximum of three years.
6 (a) The Vice- Chairman, Treasurer and Assistant Secretary shall be elected by members of the Association by postal ballot.
(b) If a member of the Committee is elected an officer during his term of office, the Committee shall have power, in its discretion, to co-opt an additional member of the Association to replace him subject to the provisions of paragraph 5.
(c) The Association’s representative on the Bar Council shall be elected annually by the Committee from amongst the officers or elected members of the Committee.
7. The Committee shall organise its business and meetings as it sees fit. The Committee shall have power to determine the level of subscriptions subject to ratification of the decision at the following general meeting. Monies raised by subscriptions shall be held in a bank account, in respect of which a signatory shall be the Treasurer. The Committee shall have the power to award an honorarium to the Chairman and/or Vice Chairman and/or the Secretary. The level of that honorarium is to be reviewed by the Committee every three years commencing from April 2009.
8 Accounts of the Association shall be published to the members to be considered at each Annual General Meeting, which shall be called by the Committee every year, not later than 31st December. The Committee shall have power in its discretion to call an Extraordinary General Meeting. The agenda for any general meeting shall be drawn by the Committee, the Committee shall call an Extraordinary General Meeting within 6 weeks of receipt by the Secretary of a written request to do so signed by at least 50 members of the Association and stating the subject matter of the meeting.
9 (a) A change to the constitution shall be made subject to (c) below only by resolution supported at a general meeting by at least two-thirds of those members attending and voting.
(b) A resolution to change the constitution shall be delivered in writing not later than twenty-one days before the date of the next general meeting. The Secretary shall circulate a copy of such resolution to all members of the Association not later than seven days before the meeting.
(c) The Committee shall have power to authorise the Chairman to call for a postal ballot of the whole Association in respect of any proposal to change the constitution. Any such change shall only be effective if supported by two-thirds of those voting in the ballot.
