CBA Chairs Message – 26.08.25

This is my last Message as Chair of the CBA. It has been a privilege and an honour to represent the CBA because the criminal Bar consists of the most incredible people and it is time that they were properly recognised for their public service and respected.

Thank you for returning to the criminal Bar after your holidays. It is difficult to immerse oneself back into the relentless workload that this vocation brings. The public service that you provide each and every working day in courts across England and Wales makes a huge difference. Although often grabbing the headlines, there is little point in the police arresting suspects and investigating crimes, the CPS charging defendants and getting cases trial-ready, the defence solicitors preparing cases for trial if there are no experienced, skilful criminal Barristers to prosecute and defend the trials, guilty pleas and appeals when the cases get to court. Without you, the system would collapse.

In order to make the most of each court day we know that you work every evening or early morning and at least one day at the weekends. I know from our national survey that you are tired, you neglect your physical and mental well-being, you carry the trauma and strain of the work that you do. Your experiences of having to work in unhygienic buildings with inadequate facilities, at waiting for prisoners to eventually arrive, at the lack of rooms to have a conference, delays in listing of cases, the manner in which you are sometimes treated at court, all take their toll.

Key workers, such as those within CPS, the MOJ, HMCTS, the judiciary, all receive a well-deserved annual pay increase and sometimes an additional cost of living increase. I have heard your anger and frustration at having to constantly battle to receive any increase at all, let alone the same basic rights as other workers in the criminal justice system. Why is it, despite our cooperation with independent reviews set up by the Government, that increases have only come when action is taken? A lack of respect cuts deep when exhaustion has set in.

Yet the role that each of you plays is vital to maintaining the rule of law and the safety of our society. Unlike any other area of law, all of the evidence from a witness is heard live in a courtroom and each advocate has to immediately adjust and alter their proposed questions to take account of it. Jury advocacy is a phenomenal skill. It requires intellect, the ability to think on one’s feet and adapt strategy to the evidence which has been given. You deal with horrific crimes and guide some of the most vulnerable people through the system so that they can receive justice, whether they are complainants or the accused. In addition to keeping up to date with regular changes to criminal law, you make a difference in funding and training pupils, assisting the profession with lectures, responses to consultations, giving evidence to Select Committees and helping the next generation with education and training events. Almost all of this additional work is unpaid and, often, unacknowledged.

All too often, the criminal Bar does not receive the respect that it deserves. That is one thing that I have been determined to highlight. No practitioner chose a career at the criminal Bar because of the money. Almost any other area of practice pays at least twice as much. A sense of public service and the desire to ensure that criminal cases are fairly prosecuted and fearlessly defended spurs you on to continue, despite the many burdens that being a criminal Barrister brings to you and to those you love. It remains a professional joy to to be a jury advocate, to stand before twelve members of the community and allow them to decide the guilt or otherwise of a fellow citizen. It brings pride and a sense of achievement.

I know that many of you are considering leaving the criminal Bar and focussing on other, less stressful and more lucrative areas of law. The CBA hopes that the changes that it has sought will come to fruition in the next few months and that you stay long enough to see them being implemented.

It has been a year of reform and change in the criminal justice system.

We now have the Gauke Review on sentencing. The Government plans to brave the storm of public and political protest by reducing the number of short sentences of imprisonment, increasing the number of probation orders and reducing the amount of time that offenders spend in prison. Statistics demonstrate that reoffending rates reduce when community orders are imposed. There is proven logic to the proposals.

Part One of the Leveson Review has been published and there is a clear political desire to make the radical changes to the Crown Court that it recommends. Whilst we disagree with the recommendations as to the removal of the right to jury trial two things must be said. Firstly, we respect the work that Sir Brian Leveson and his team have undertaken and their motivation in doing so. We hope that they have a member of the criminal Bar who undertakes advocacy in the Crown Courts on their team for Part Two. Secondly, the efforts that Sir Brian has made to encourage the Government to match funding for pupillage and to resolve some major fees issues must be acknowledged. We can disagree with a recommendation and respect the person at the same time.

We consider that Part One of the Review should have been efficiency, as we have provided many examples of areas where we consider that 20% of the time that a trial takes could be saved. Francis FitzGibbon KC and Jeremy Dein KC will respond to Part Two on behalf of the CBA, working with Andrew Thomas KC and a team of members of the CBA. They have our ongoing thanks.

We agree with many of the recommendations within the current Part One. We do not agree that the right to trial by jury should be removed for no other reason than that successive Governments have neglected the criminal justice system to the extent that it now has horrific delays. There are simple solutions. Open every court room every working day, bring prisoners on time, look after and properly fund the criminal Bar, Solicitors, CILEX, police, probation, court staff and prison officers and the buildings that we all have to work in. Make efficiency savings and use court time wisely. The allocation goal of the Leveson Review of an increase to 130,000 sitting days per year will only work if there are experienced and dedicated people to prosecute and defend these cases and a recruitment drive for barristers to return to the criminal Bar. It is necessary to take the profession with you in these circumstances.

This new proposed court will remain a division of the Crown Court and attempts to allow people without the proper qualifications of being a Barrister or advocate with Higher Rights of Audience to conduct trials within it have been rightly rejected by Sir Brian. Before removing what many see as a fundamental right to trial by jury, the very minimum one might expect would be a trial period to properly analyse whether an untried and untested new court with reductions based on modelling actually does reduce the length of cases by 20%.

The Leveson Review attributes the backlog on Covid and the criminal Bar’s action. Although figures differ, the National Audit Office considered that the action caused less than 5,000 cases to be added to the backlog. It is not a significant factor.

Without the action, there would be no functioning criminal Bar. By 2021 the level of remuneration for legal aid fees had reduced in real terms by one third from the levels in 2018. That is 33%. The additional payment of 15% in September 2022, which the action bought us, was always meant to be the start of positive change, with the introduction of an annual CLAAB to assist the Government as to what was required to retain the criminal Bar. Despite the recommendations of two independent bodies now, we have received nothing else so far, yet we have continued to work to reduce the backlog, and we did reduce it in 2024 until the latest cuts to sitting days occurred.

There have been a number of positive changes.

Riel and I have been meeting collaboratively on a fortnightly basis with the MOJ, on a monthly basis with HMCTS and regularly with the Crown Court Improvement Group, the CPS and representatives of the Legal Aid Agency. All have been able to provide us with timely responses to queries and have been willing to make changes where they can. We are grateful to all the teams that we have worked with.

We have met with the Lord Chancellor, the Minister of State, Sarah Sackman, and their teams to explain what life is really like for the criminal Bar and we have been impressed with the time and effort that they have spent listening to us. Similarly, our Lady Chief Justice, Sue Carr, Lord Justice Nicholas Green, Lord Justice Andrew Edis, Dame Victoria Sharp and Lady Justice Philippa Whipple have been so helpful and proactive in improving the difficulties in relations between the judiciary and the criminal Bar which were highlighted in our national survey. Real change has occurred.

In order to persuade all agencies to increase the fee structure for CPS and AGFS fees, we have had to produce evidence-based analysis. We have attended all CLAAB meetings. We have met the DPP three times and we have had regular, helpful, meetings with the CPS. The CBA remuneration committee, chaired by Richard Christie KC, has worked tirelessly to produce analysis as to why AGFS fees are inadequate. Detailed, written submissions have been made to the CLAAB, the MOJ, the LAA, the Treasury and the CPS. All these have been supported by our CBA National Survey 2025 which presented evidence-based, rather than anecdotal, analysis of the life of the criminal Bar. The survey demonstrated why so many wanted to leave. There have been no periods of inactivity and all agencies have been working to reach satisfactory solutions moving forwards. We are hopeful that this parliamentary year will bring real change in our fee structures, both prosecuting and defending. We are aware that your patience is running out or has expired. We have made this clear to all.

The safety of the judiciary is increasingly under threat. Brutal and savage criticism of the decisions of members of the judiciary are made by politicians, the media and by individuals on social media. The latest example is the vile attacks upon HHJ Rosa Dean who presided over a trial where the defendant was found not guilty. Her role as an Equality and Diversity Judge was conflated with assumptions as to her political leanings and conduct in the trial. The threats and abuse which followed the jury’s verdict included publication of what was said to be her address and telephone number. She had simply presided over a trial. It is cowardly to attack those who cannot respond. The judiciary cannot speak out when attacked. What becomes clear is that members of the judiciary and their magisterial colleagues who do decide guilt or innocence moving forwards will suffer abuse and threats and they will not have the ability to respond. Their written judgments as to why they have convicted or acquitted will be public. The attacks are gravely concerning and something that will need consideration by those who wish to create a CCBD. We are also aware of increasing threats to members of the criminal Bar and have set up a working group to provide a national policy and procedure.

I have been deeply saddened by the passing of some of our most talented members of the criminal Bar who will not be forgotten by us. May they rest in peace.

Thanks:

There are far too many amazing people who have made a real difference to the CBA in my term for me to thank them individually in this message, but I have written to all of them and will post the letters on the last day of my term.

Tana Adkin KC provided me with a superb example of leadership. I am privileged to call her a friend. I thank her for her guidance and support in the year when I was Vice Chair. She has worked tirelessly for us all.

Riel Karmy-Jones KC will make a brilliant Chair. She was, of course, Chair of our RASSO committee before her term as Vice Chair began. Her wisdom, intellect and forensic skills have been priceless in assisting me to determine our strategy and focus. She has supported me over the last twelve months, working alongside me to make the best of every meeting and opportunity. Her sense of humour and friendship have kept me sane. She will lead the CBA in a most challenging time. She will need your full support. She will always have mine. Andrew Thomas KC will take over as Vice Chair. Andrew is a hugely intelligent and thoughtful person who has prepared many excellent responses to consultations on behalf of the CBA. He is a kind and supportive colleague who is completely trusted by us all to have accurate and considered answers to any problems that we face. He will make a superb Vice Chair and Chair. You are in the best of hands.

It has been a privilege to work with the talented group of officers of the CBA, James Gray,  Mark Watson, James Oliveira Agnew, Chloe Ashley, Matilda Robinson Murphy over the last twelve months. Their hard work and dedication have made a real difference to us all. Thank you seems insufficient, but I thank them for all that they have done for the CBA, for their friendship and assistance and for their excellence in all things.

Our Executive Committee have been invaluable in helping us with strategy and its implementation. It has been a privilege to work with them.

James Rossiter, the Director of Communications, has kept the CBA at the forefront of the media dialogue in respect of the criminal justice system and has enabled our policies to be shared widely and accurately. He has my thanks and appreciation.

I am grateful to all of the team at 36 Crime for supporting me throughout the last two years. I could not have done this without you. The efforts of Sam Townend KC and Barbara Mills KC as Chairs of the Bar Council on our behalf must be acknowledged. We now have a far better working relationship than had been the norm. I thank the Circuit Leaders, Claire Davies KC and Leon Kazakos KC, Jo Martin KC, Caroline Rees KC, Harpreet Sandhu KC, Jason Pitter KC and Jaime Hamilton KC for their hard work on behalf of us all and for politely responding to all of my emails and messages.

Aaron Dolan is the backbone of the CBA and ensures that the administration of the organisation, the running of conferences, lectures, dinners, parties and collating our collective diaries is seamless. He has been a great friend of mine for many years now, but I did not realise just how much he did for us all until I was able to observe it close at hand. We owe him a debt of gratitude.

My final thanks are to each and every member of the criminal Bar, whether employed or self-employed across all the Circuits. The support and friendship that you have shown me over the last two years has been humbling and much appreciated. You are simply the best.

Yours,

Mary

Mary Prior KC

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