CBA Monday Message 13.04.26

Let there be absolutely NO doubt: the Criminal Bar Association is fundamentally opposed to the proposed restrictions on the right to jury trial.

The Effect of Uncapped Sitting Days

Over the past 12 months, a number of measures have been taken to tackle the growth of the Crown Court backlog. The results can already be seen in the only very recently released figures to the end of December ‘25. It appears that the tide began to turn as early as last Autumn when there was the slight lift in Crown Court sitting days. The indications are that the downward trend is continuing – and that is even before the government’s decision to lift the cap sitting days, which finally came into effect on 1st April 2026.

• The Sunday Times, 5th April – Data shows court backlogs falling, so why aren’t ministers talking about it? 

The Effect of Blitz Courts

Blitz Courts around the country are working, and from this month the government is expanding their use:

• BBC News, 10th April – Ten cases a day – how ‘blitz courts’ could tackle the Crown Court backlog 

“For Mercy’s Sake”

Geoffrey Robertson KC, founding head of Doughty Street Chambers has written this excellent article in support of our Justice Needs Juries campaign pro bono for the Bar Council. They have shared with us.

In it he says:-

This Labour government has introduced a law that, if passed, will severely limit the right to challenge police allegations by having a jury – 12 citizens chosen at random – decide whether they are proven beyond reasonable doubt. This dramatic diminution in the right to trial by jury (at least half are likely to be scrapped) is said to be justified by the admittedly deplorable fact that the victims of crime must in many cases wait for several years before the defendant accused of harming them can be brought to court – a fact that is not attributed to jury trial but to successive governments failing to understand how their funding cuts damage the criminal justice system, and then to disruption caused by Covid. Evidence is now emerging to show that the plans to restrict jury trial will have no significant effect on reducing trial delays, but the Parliamentary debate still continues, driven in the case of some Labour MPs by “ideological” opposition to jury trial. This is bizarre, given the historical role of the jury in protecting dissidents and sustaining democracy: attacking juries must be regarded a betrayal of the values for which Labour purports to stand.

The full article continues to examine the origins of jury trial, and the importance of its independence, discussing the case of Edward Bushell, who in 1670 challenged a judicial direction to the jury that they must convict the two Quakers, William Penn and William Mead, on trial for ‘holding a seditious assembly’, i.e. publicly praying, in the city.

The case established in law the principle of the constitutional independence of the jury, something so fundamental to our criminal justice system that it is “commemorated by a golden plaque in the forecourt of the Old Bailey, where modern jurors may contemplate its significance as they ponder their verdicts”.

Geoffrey’s article continues to look at how that constitutional principle developed and considers more recent application from the Ponting case in 1985, to the origins of successive governments’ attempts to restrict access to jury trial. He concludes with an analysis of the reasons for keeping trial by jury, discussing the real issues that have caused the backlog, an assessment of the Courts and Tribunals Bill, and a reflection on this Labour government’s responsibility to meet its manifesto commitments whilst maintaining its record of support for freedom of speech, peaceful political protest, and not betraying Labour traditions and values.

We thank Geoffrey for sharing his excellent and beautifully written article with us – you can read it in full here.

Timetable for Progress of The Bill
Parliament returns this week after its Easter recess – and the progress of the Bill will be interesting to watch, not least because there have already been 97 amendments tabled, with the prospect of more to come.  Against that, only 5 days have been allocated to the line by line consideration of the Bill, which begs the question whether there will be time to give it proper scrutiny. We at the criminal bar know only too well the problems that are caused by ill-considered, badly drafted legislation that fails to consider the framework of what already exists, or what the consequences will be.

For example – the Bill currently appears to contain a Henry VIII clause which, would (except in indictment-only cases) enable the Minister to make any long case judge alone.

How does that power of executive override fit with our democratic process?

Perhaps something that those engaged in this process will be considering?

The Timetable is below:

Courts and Tribunals Bill Line-by-line Consideration	Tue 14 Apr (9:25am and 2pm sessions) Thu 16 Apr (9:25am and 2pm sessions)
Courts and Tribunals Bill Line-by-line Consideration (cont.)	Tue 21 Apr (9:25am and 2pm sessions) Thu 23 Apr (9:25am and 2pm sessions) Thu 28 Apr (9:25am and 2pm sessions)
Committee Stage ends	Thu 28 Apr
Parliament May Day Recess begins	Thu 30 Apr
Parliament May Day Recess ends	Tue 5 May
Local Elections	Thu 7 May
King’s Speech	Wed 13 May

* Parliament will prorogue at some point in late April ahead of the King’s Speech

MP Visits to Crown Courts

Samantha Hillias KC, Leader of the Northern Circuit hosted a highly successful day at Chester Crown Court on the 10th of April.  Assisted by Owen Edwards KC and Frances Willmott from Linenhall Chambers, they spent approximately 2 hours with Esther McVey MP and her team, showing them around the court, meeting with staff and various personnel from witness services, barristers, and CPS, discussing how all those involved in the criminal justice system are working together to improve efficiencies and avoid delay. Esther was plainly engaged and interested, sufficiently so that arrangements are currently in hand for them to attend again in the near future.

A series of further dates for MPs to visit their local Crown Courts and meet with the criminal bar have been arranged over the coming weeks. Future dates and Courts are as follows.

• 17th April, 12:45-14:00 – Swansea Crown Court – Wales and Chester Circuit, Christopher Rees KC;

• 24th April, 12:30-14:00 – Chelmsford Crown Court – South Eastern Circuit, Clare Davies KC;
• 1st May, 12:45-13:45 – Wolverhampton Crown Court – Midland Circuit, Harpreet Sandhu KC;
• 20th May, 12:45-14:00 – Manchester Crown Court – Northern Circuit – Samantha Hillias KC;
• 12th June, 12:45-14:00 – Nottingham Crown Court – Midland Circuit, Harpreet Sandhu KC;
• Date TBC –  Hove Crown Court – South Eastern Circuit, Clare Davies KC;
• Date TBC – Birmingham Crown Court – Midland Circuit, Harpreet Sandhu KC.

Please contact your Circuit Leaders if you would like to attend and assist.

The CBA “Criminal Justice Matters” Podcast

In this latest episode of the Criminal Justice Matters podcast from the Criminal Bar Association of England and Wales, Francis FitzGibbon KC (23 Essex Street) and Sarah Vine KC (Doughty Street) lead a discussion on the Courts and Tribunals Bill, which is being debated in Parliament.

They are joined by Harriet Wistrich, Chief Executive of the Centre for Women’s Justice and Fiona Rutherford, Chief Executive of JUSTICE. The conversation focuses on two key elements of the proposed legislation;

1. the reduction of the right to choose trial by jury in cases which carry a sentence of less than three years; and
2. the implications for women complainants in rape and serious sexual offence cases whose cases are subject to some of the most lengthy delays within the criminal justice system.

You can listen to the episode here.

Criminal Justice Matters is edited and produced on behalf of the CBA by Adam Batstone Media & Communications.

 

CBA Spring Conference – 18th April, 2026

The CBA Spring Conference will be held on Saturday 18th April at Savoy Place, London. The conference will feature a distinguished programme of guest speakers and discussion on some of the most pressing issues currently facing criminal justice, and we very much hope members will choose to join us for what promises to be an important and engaging day.

Full details and booking information for the Spring Conference can be found here.

Stephen Lawrence Day 2026

Wednesday 22nd April 2026 marks 33 years since the murder of Stephen Lawrence, and a number of events are taking place to commemorate him, and the Stephen Lawrence Day Foundation, which exists to inspire a more equitable, inclusive society and to foster opportunities for marginalised young people in the UK, and is committed to creating a fairer society in which all young people, regardless of their background, have the opportunity to flourish.

Two such events which may be of interest:

• Stephen Lawrence Day: Reflections on the Justice System and Racial Bias in 2026

This event will examine how the justice system continues to confront racial bias, with insight from our expert panel, includingandKC of Garden Court Chambers.Open to members of all four Inns, legal professionals, and law students.
Wednesday 22nd April, 18:00 – 20:30
The Ashworth Centre, Lincoln’s Inn & Online
Book here.

• The Legacy Unity Cup 2026

On  18th April at Merky FC, South London, the Freedom Through Fitness CIC will be hosting a 7-a-side football tournament with 12 teams competing from group stages through to the finals. Alongside the football, there will be live spoken word, music, a crossbar challenge with prizes, and tropical soul food on the day from celebrity chef and youth mentor Ash Juggessur, with refreshments available throughout.

Freedom Through Fitness CIC is working in partnership with organisations and individuals working on the frontlines of youth development, justice reform, and community impact, including The Stephen Lawrence Day Foundation, The Spartan Project House of Vox CIC, Art Not Evidence, Keir Monteith KC (of Garden Court Chambers), and media coverage will be provided by Complex NTWRK (the definitive platform for global youth culture and music lifestyle).
Tickets are available here.

(Members of the CBA may wish to note that sadly the Legacy Unity Cup takes place on the same date as the CBA Spring Conference 2026. But please do pass on these details onto others.)

Inner Temple Ordinary Dining Night

The Honourable Society of the Inner Temple will be hosting an Ordinary Dining Night on 12th May 2026 from 6:45 pm to 9:45 pm. The evening will include drinks and a buffet supper, with an informal seating arrangement designed to encourage interaction between Benchers, Members of Hall, students and their guests. This relaxed and sociable event offers an accessible opportunity for members of the profession to dine together, and attendees are warmly encouraged to bring along a pupil or mentee. The dress code is business attire, and the event is open to members and their guests, subject to capacity. Bookings (and cancellations) should be made by 4th May 2026 via the Inner Temple Member Events Team at [email protected] or the online link, here.

The CBA Hardship Fund 

The Criminal Bar Association invites applications for two trustee positions to help oversee its Hardship Fund, an essential resource designed to support members of the Criminal Bar experiencing financial difficulty. The Fund is currently in the process of being registered as a charity, further strengthening its governance and long-term ability to provide assistance.

The Fund provides short-term support to practitioners facing hardship arising from illness, unforeseen personal circumstances, or disruption to their practice, ensuring that those who contribute to the justice system are supported during challenging times.

Trustees will play an important role in maintaining the integrity of the Fund, particularly as it transitions to charitable status. Responsibilities include considering applications with fairness and discretion and ensuring that support is allocated in a timely and compassionate manner.

The vacancies are intended for one practitioner of at least 15 years’ call and one King’s Counsel.

Those interested in applying are invited to contact Chloe Ashley.

Finally….

As mentioned in the Bulletin last week, we are always interested in hearing how you feel, receiving your views, ideas and suggestions, and in what you can offer by way of assistance. We need good lawyers with experience of legislative drafting – if you have such experience, please let us know and offer your skills to assist. Let us know if you are interested in contributing to the work of the CBA, such as one of the many working groups on best listing, better case management, domestic abuse and sexual violence cases, and other practices in court. If you are, email our CBA Secretary.

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