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South Eastern Circuit - Autumn Conference

Jesus College, Cambridge
Saturday 13th – Sunday 14th September 2008

Speakers:-

Professor David Ormerod, "Criminal Justice and Immigration Act 2008".
David Fisher QC, "Criminal Procedure Rules".
Penny Cooper and other Practitioners, "Intermediaries and direct experience in dealing with this new system".
Alison Saunders, Director of OCD,, "Organised crime and recent legislative changes including the up to date position on anonymity following Davis in the House of Lords".
Sir Stephen Lander, Chair of SOCA, "Two Years on SOCA being audaciously lawful".
Simon Farrell QC, Author of several leading books on fraud, money laundering and confiscation. "Seizing the criminal property of organised crime in the criminal and civil courts".

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Bar Conference - Saturday 1 November 2008

For information and registration at the Bar Conference see the following documents:

Bar Conference flyer

Bar Conference registration form

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Chairman's Report - June 2008

Chairman's Report
June 2008

VHCCs
The joint group is still working towards the 8th July, 2008 as the date for having a skeleton outline scheme ready for VHCCs.  It is a tight deadline but everyone is aware that it is essential that it be maintained. Assuming that that is achieved, what will follow is a period of consultation.  It will also be necessary for the LSC to consider the termination of present contractual arrangements. The aim is to achieve a long term resolution of this problem. It is important that the right result is achieved.  An agreed summary of the meetings is being put onto the various websites.   As soon as there is any further news, we will let you know. 

CPS fees
Although the need for the disparities to be adjusted is urgent, in the absence of further funding and the inevitability of the 3.5% reductions being imposed on the CPS for the next 3 years, I do not think it is likely to be resolved until the position on VHCCs is clearer. It would be very unhelpful for the present scheme to be tinkered with in these circumstances as it would result in an arbitrary moving of money around between cases and counsel which is bound to cause inbalances within the system. It seems to me much more likely that the fee disparity will be resolved within the context of the prosecution fee system as a whole including VHCCs.
I think we are all keen to end these interminable negotiations once and for all if that is achievable in the short term. 

Crown Advocates

There is continuing disquiet at the inappropriate use of Crown Advocates. It is important that we maintain a sense of proportion but it is equally important that we take steps to ensure that the standards that we work so hard to maintain are not eroded by stealth because others are being required to do work which they have neither the capability nor the experience to do. We must be as alert, probably more so, to bad or inadequate performances by members of the self employed bar as by crown advocates but I have yet to see any signs of the promised grading system being put into practice although the grades have been published. They do not replicate those required of the self employed bar and I totally fail to see how that can be justified. The DPP's promise was that the grading system to be imposed on crown advocates would "mostly mirror that imposed on the self employed bar". I do not consider that to have happened and any compromise is both unjustifiable and unacceptable. We will continue to push for parity in this as in every other aspect of prosecution work.

BVT Consultation
The LSC's response to the consultation is expected any day now.  Whether they will take on board the unanimous resistance expressed in the response papers from the professions remains to be seen.

BSB Consultation on Alternative Business Structures etc
The 93 detailed responses received by the Bar Council have now been analysed.
The results were interesting. 
85.7% were in favour of retaining the cab rank rule. 
Over 75% were in favour of either retaining 205 as is or with a modest relaxation (32.3% no change, 44.1% modest relaxation)
23.6% only were in favour of a total abolition of 205. 
The BSB are very aware of the importance of this to the Bar and this response was very helpful.

Forthcoming Events
The CBA Bailey lectures will start on the 21st October with the Kalisher lecture which I am delighted to say will be delivered this year by Sir David Penry-Davey.   

The YBC's Conference is on the 4th October, 2008. It is an excellent event for the young bar and very good value for money.

The Bar Conference is on the 1st November, 2008 at the Royal Lancaster Hotel. The keynote speaker is Lord Bingham.  The CBA will be doing workshops at both of these events.

The recent CBA conference on the 14th June was well attended considering the time of year and had some excellent speakers including Nigel Sweeney QC, Rudi Fortson, Professor David Ormerod and Edward Fitzgerald QC with some fantastically useful handouts. Speaking of which, I am delighted to say that David Ormerod has agreed to join the CBA Education and Training team. He is already very generous with his time but this input will be invaluable.

I am well aware that this month's report seems a bit cursory compared with others (perhaps not such a bad thing). The main reason is that everything is in a state of flux and there is very little of substance new to report. As soon as there is, I will let you know.

Sally O'Neill QC
Chairman CBA

 

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Chairman's Report - April 2008

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Chairman's Report - May 2008

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Chairman's Report - March 2008

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HMCPSI Disclosure review

The Thematic Review by the HMCPSI of the duties of disclosure of unused material undertaken by the CPS - Note by CBA representative

A thematic review of the duties of disclosure of unused material undertaken by the CPS

Brief legislative history / procedural evolution and description of the current regime

Key performance results table - thematic review 2007

Implementation (as at July 2007) of recommendations from HMCPSI's report on the thematic review of the disclosure of unused material published in March 2000

Performance results with regards to the disclosure of unused material in area inspection and assessments, and checklist of problem points

Prosecutor questionnaire analysis and case studies

 

 

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Equality and Diversity: CPS Expectations dtatement for the Bar

Chambers with 45 or more members and prosecuting or seeking to prosecute on behalf of the CPS are required to submit their first progress reports by 30th April 2008.

Briefing sessions on Circuit have been arranged to assist chambers in compiling these reports on the following dates:

3rd March – 7 Bedford Row, London
4th March – St Philips Chambers, Birmingham
6th March – Guildhall Chambers, Bristol
10th April – Dean Court Chambers, Manchester
17th April – Park Court Chambers, Leeds

Each session will start at 5.45pm and will end at 7.00pm.
For further information ring Kathryn Hamylton, 0207 611 1383 or email equalopps@barcouncil.org.uk To reserve a place on this event please email Angela Campbell acampbell@barcouncil.org.uk

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Revised Protocol for Payments of Fees in the Magistrates' Courts

Click here to read the letter from Timonthy Dutton QC, Chairman of the Bar Council

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Chairman's Report - January 2008

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