Monday Message 01.06.26

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

In this edition:

• The CBA Annual Dinner
• Brief Update on Courts & Tribunals Bill
• Parliament Day
• “Why thirteen heads are better than one: Judges, Juries, and Cognitive Bias” – Francis Fitzgibbon KC summarises the work of Dr. Itiel Dror.
• What we are dealing with – accounts from across the criminal bar
• **Reminder – Upcoming Dates for MP Visits to Crown Courts
• BSB Guidance on AI
• Kindness – 3rd June @ 6pm
• Podcast – In conversation with Lord Justice Edis
• Go Prosecute for Senior Crown Prosecutors – applications open on 9 June.
• London International Disputes Week
• In Memoriam – HH Alan Lees
• **Correction** to our last message
• Just a few photos from our Annual Dinner

The CBA Annual Dinner

Thank you to all who took the time and trouble to come out on the 22nd of May, the Friday of a bank holiday weekend to attend our annual dinner at Lincoln’s Inn and enjoy the company of old friends and colleagues. It was a wonderful evening, with plenty of laughter and good spirits. Lady Justice Whipple joined us, giving an excellent and amusing speech, full of support for the criminal bar, and we were delighted to welcome an unprecedented number of former members of the senior judiciary and the criminal bar who have supported us across the past year.

You will find just a few pictures at the end of this message….

Brief Update on Courts & Tribunals Bill

No date for the third reading of the Bill has been set.

Put simply, as we know, there will now be a by-election in Makerfield on the 18th of June.
Till then, there appears to have been something of a pause. We may have to wait for the outcome of the election, and even beyond that to see the direction of travel.

Of note however are these two articles:

On 4th December 2025, on Radio 4 Andy Burnham said:

“My instinctive reaction is… I think proceed with huge caution and do not take away something that’s a lynchpin of a fair society. My call on the government is to pause this and take a step back and have proper consideration. I understand the pressure on the courts but this is about a fundamental part of our country. It has to proceed with broad consent if it’s to proceed.”

And, from The Telegraph on 24th May 2026 –  Andy Burnham would abandon Labour’s plan to curb juries.

None of this is conclusive. However, last week I attended an event in Parliament hosted by Baroness Shami Chakrabarti and JUSTICE, which showed that there is still interest and appetite to oppose these reforms. So, for now, we are playing a waiting game – but we continue to marshal our resources and work together with the Bar Council and the Circuit Leaders on our #JUSTICE NEEDS JURIES campaign.

To that end, we have prepared a new very simple summary of our key points to assist MP’s as they move into the next stage and consider their positions. This is a ‘living’ document, which we will be keeping as up to date as possible, so we will circulate to you in the next week or so, with a request that you all send it to your MP and ask them to read it in preparation for the third reading.

Parliament Day – 2nd June

To keep pressing our message forward, the Bar Council have organised an event on the 2nd of June at which the CBA, Circuit and Bar Council Leaders will be meeting to address MP’s, Ministers and Parliamentarians from across the House, together with representatives from various Victims and Vulnerable Women and Girls’ [VAWG] Groups.

We hope to engage with those who have voted or expressed views in favour of the Bill, and those who have so far avoided using their Parliamentary vote but who we hope now may have the courage to follow their convictions and agree that the jury proposals are both unworkable and unfair.

We will report back next week.

WHY THIRTEEN HEADS ARE BETTER THAN ONE: JUDGES, JURIES, COGNITIVE BIAS

Francis Fitzgibbon KC (23 Essex Street) has written this summary of the work of Dr. Itiel Dror which highlights the effect of cognitive bias and demonstrates the principle that thirteen heads (judge plus jury) are better than one.

The structure of our brains means that we process information selectively. Cognitive bias (CB) is built-in and ubiquitous: we may not realise that we are highlighting or neglecting parts of the information we receive. Lawyers’ training and practice sets up and continually reinforces a system of beliefs and expectations that influence the way in which we perceive and form opinions about the evidence we are considering. Lawyers, like everyone else, make judgements, and some become judges after many years in practice. They acquire great expertise.

Dr Itiel Dror, the cognitive neuroscientist and leading expert on CB, has written about its impact in the legal system. CB comes in many guises and, if unchecked, can lead, and has led, to injustice. It is distinct from intentional bias such as overt racist views, or other conscious opinions that make judgements unfair.

In his paper ‘Cognitive and human factors in expert decision making: Six fallacies and the eight sources of bias’, Dr Dror argues that experts can make mistakes because of their specialised information-processing skills; they can lead to tunnel vision and erroneous conclusions. This type of CB has obvious dangers in criminal trials. We are all too familiar with top-level medical experts whose mistaken evidence has caused innocent people to go to gaol. Judges are not immune, because no one is.

One way our legal system mitigates CB is by having the police, expert witnesses, CPS, defence litigators, advocates, and the Court each work relatively independently. The case has to go through multiple layers of checks and balances. A flaw in the case is therefore more likely to be detected. However, as Dr Dror demonstrated in his paper ‘Biased and Biasing: The hidden Bias Cascade and Bias Snowball effects’, these various entities rarely work independently. Often they interact, influence and bias each other.

The jury represents the final check and balance to ensure justice, or rather 12 final checks.

A judge sitting alone may benefit from judicial CB training and their own belief in their fairness, but like any other expert, their experience and expertise may get in the way of good judgment. A non-scientific term for such a type of CB would be ‘case-hardening’: inclined to see similar-looking cases as calling for identical decisions.

With no disrespect to District Judges or lay Magistrates, they are not immune from CB, no one is, but summary trials are mostly simpler, and the stakes are lower than those in the Crown Court. The current success rate of appeals, over 40%, reflects major flaws in the Magistrates’ Court. The Government’s plan to restrict appeals is a backward step.

The stakes are much higher for cases with a likely sentence of up to three years, which the Government wants to give to judges sitting alone. They include serious sexual assaults and violent offences. The final check for the case to pass through is the jury: guided on law by the judge, weighing up the evidence and the arguments by prosecution and defence, and able to debate and counter the biases in one another.

A good legal system will do what it can to minimise bias, intentional or unconscious, at every stage. The Government’s plan does away with the final and critical filter for CB for over half of the cases that now benefit from scrutiny by the jury.

Dr. Itiel Dror is a cognitive neuroscientist known for his research on human cognition, expert decision-making, and cognitive bias, particularly in high-stakes fields like forensic science, medicine, and aviation. He earned his PhD from Harvard University and serves as a Principal Consultant at Cognitive Consultants International (CCI) and an Honorary Researcher at University College London.

What we are dealing with – accounts from across the bar

In 2025, nearly 7,500 Crown Court trials, and 20,500 Magistrates Court trials were cancelled on the first day of trial  – the main factors being over-listing, a lack of judges or magistrates, legal advisors, lawyers, interpreters, and the ongoing failure of the Prison Escort Services [PECS] to deliver prisoners to court on time or at all. Not because of juries. And for each of those cases there will have been a criminal barrister or advocate prepared and ready to conduct that trial, whose working life will have been thrown into chaos as a result.

The cap on sitting days was, lifted, in theory with full effect from 1st April. However, that full effect doesn’t seem to be happening.

JUSTICE is keeping a record of the published Court Statistics on sitting days. On Friday, 29th May they reported –

“Today, 110 of the 532 Crown courtrooms in England and Wales are sitting empty – around 21%, almost double last week’s figure…”.

These examples, extracted from many sent to us by email, and posted on Linked In, provide a snapshot of what we at the criminal bar are having to deal with on a daily basis:

Following the adjournment of a trial on the day it was due to commence due to lack of court time:
“… I was informed by the CPS that 28 jury bundles of 700 pages had to be destroyed because there was no place to store them pending the new trial listing (2028).

I’ve had two further last minute trial adjournments: one at xxx CC and one at xxx CC. I am staggered at the frequency with which trials are being adjourned at the last minute. It is as though we’re not being allowed to work – and I’m sure many others feel the same. I’m unclear how we’re expected to live in this current climate. It is so dispiriting. I am preparing trials repeatedly only to have them pulled at a moment’s notice. The relentless comings and goings take a toll and I lack confidence that the trials in my diary in June will go ahead. I cannot maintain working for no reward.

At my adjourned trial at xxx CC, I relayed to the judge that the complainant was highly frustrated at the trial being put off again. The judge offered to and then helpfully spoke to the complainant in court, but the complainant maintained his frustration on record and lack of confidence in the criminal justice system more holistically. I had every sympathy with his concerns. Afterwards in the witness service, I conveyed my apologies and attempted to pacify him and his brother, who attended in support. It struck me after I left court that I am having to explain decisions beyond my control, and offer apologies for problems not of my making. My job role is becoming something different to the one I am trained to do.”

And these shocking reports in respect of the functioning of the Court Estate:

• “At xxx Crown Court, a barrister in his 70’s was left ‘visibly shaken’ after being trapped in the heat in a small malfunctioning lift for nearly two hours. Maintenance ‘contacted an engineer’ who still hadn’t arrived by the time that concerned colleagues called the fire service, who arrived and broke him out….”

• “No prisoners being produced at xxx Crown Court yesterday as the cells were inundated”.

• “2 sexual offence cases can’t go ahead in xxx Crown Court today as it’s flooded – [another court] has stepped in so the jury in 1 trial has a 1-hour extra train journey.”

• “I attended xxx CC for a half-day section 28 recording. The complainant had travelled from another part of the country. There was an issue with the prosecution serving late evidence, but I suspect that the judge would have insisted that the recording go ahead. But it couldn’t because the Punjabi interpreter for the defendant didn’t turn up. No real investigation took place, but we were told that they had been booked but “cancelled last minute”.

• On Friday – “Sentence. Xxx Crown Court. Six defendants, convicted after trial. Listed months ago after extensive discussions about the date on which all parties could attend. The two young offenders, convicted of murder and of manslaughter have not been produced from YOI. No reason given. Counsel have come out of other trials to deal with sentence today. It will go into Monday. Counsel and the Judge now have to clear work from then. The knock-on effect will impact a whole series of other cases.”

None of the above is acceptable.

** REMINDER – MP Visits to Crown Courts **

All of our recent MP Court visits, orchestrated by the Bar Council, who have liaised with MPs and secured their attendance, and our Circuit Leaders who have arranged for senior members of the bar to host, and have been extremely successful. Please do seek out and engage with MPs at these courts on the dates below.

Upcoming dates are as follows:

• 12th June, 12:45-14:00 – Nottingham Crown Court – Midland Circuit, Harpreet Sandhu KC;
• 12th June, 12:45-14:00 – Harrow Crown Court – South Eastern Circuit, Claire Davies KC;
• 19th June, 12:45-14:00 – Harrow Crown Court (2nd visit, different MP) – South Eastern Circuit, Claire Davies KC;
• 26th June, 12.45-14:00 – Northampton Crown Court – Midland Circuit, Harpreet Sandhu KC;
• 2nd July, 12:45-14:00 – Croydon Crown Court – South Eastern Circuit, Claire Davies KC.
• 3rd July, 13.15-14.15 – Lincoln Crown Court – Midlnd Circuit, Harpreet Sandhu KC;
• 3rd July, 12:45-14:00 – Bolton Crown Court – Northern Circuit, Samantha Hillas KC
• 10th July, 12:45-14:00 – Caernarfon Crown Court – Wales and Chester, Chris Rees KC;
• 17th July, 12:45-14:00 – Merthyr Tydfil Crown Court – Wales and Chester, Chris Rees KC;
• 21st July, 12:45-14:00 – Bolton Crown Court (2nd visit, different MP) – Northern Circuit, Samantha Hillas KC
• 21st July, 12:45-14:00 – Newcastle Crown Court – North Eastern Circuit, Caroline Goodwin KC

Please contact your Circuit Leader if you would like to help, and for more details.

BSB Guidance on the use of AI and other technologies (in force 18/05/2026).

The Bar Standards Board has published guidance on the use of AI and other technologies. Many Chambers will no doubt be considering adopting a policy on the issue of AI, for which this document will prove extremely useful guidance on the regulation of its use.  It is therefore of critical importance.

The Guidance is accessed here.

Go Prosecute for Senior Crown Prosecutors opens for applications on 9th June 2026.

Last year, the Crown Prosecution Service launched a ‘Go Prosecute’ scheme to support former solicitors and barristers who had left the profession and wished to re-establish their careers in Criminal Law as Senior Crown Prosecutors.  Following the success of the inaugural scheme, the CPS will be running it again in 2026.

This is a valuable development opportunity for criminal lawyers to regain their confidence, enhance their prosecutorial skills, and strengthen their professional connection through the Crown Prosecution Service. The secondment includes tailored and ongoing training and support.

The scheme offers secondments for an initial 12 months, with the option to extend to two years.  Thereafter, those on the scheme may wish to apply for a permanent legal role within the CPS or perhaps consider criminal defence practice or the self-employed criminal Bar.

Find out more
Hear from Helen, Go Prosecute Senior Crown Prosecutor who talks about her secondment experience. You can also email [email protected] with any questions.

How to apply
Applications are open from the 9th to 29th June.  If you’re a Welsh speaker, you can apply through the Welsh advert option. You can find out more and apply through our website:

• Go Prosecute for Senior Crown Prosecutors | The Crown Prosecution Service
• Go Prosecute i Uwch Erlynwyr y Goron | The Crown Prosecution Service

Kindness – 3rd June @ 6pm

Valerie Charbit and Nicola Shannon KC have asked us to extend their invitation to the next Kindness Ambassadors meeting, taking place on Tuesday 3rd June at 6.00pm on MS Teams:

“This meeting is for colleagues who may be new to the Kindness Ambassadors initiative or who would like to understand more about what we do. 

Kindness Ambassadors for the Legal Profession is a voluntary network of solicitors and barristers focused on promoting a respectful, compassionate and inclusive culture, and on providing a safe route for sharing concerns and learning from them.

To help set the scene, here are the links to our two Kindness Reports: 
https://southeastcircuit.org.uk/images/uploads/Kindness_at_the_Bar_2_Final_Report.pdf
https://www.barcouncil.org.uk/static/b465a493-8bc2-41f4-a37e811fa2189eef/BH0153.pdf

 The reports explain:

• what Kindness is in the legal profession
• key themes and learning emerging from Kindness Reports
• how the information is used constructively to support reflection, improvement and good practice.

At the meeting we will briefly talk through the reports and research explain how the scheme works in practice, and leave plenty of time for questions and discussion. 
You are very welcome to attend simply to listen and learn.

If you would like to join us, please do come along on 3rd June at 6.00pm.” 

The Latest CBA Criminal Justice Matters Podcast  – In conversation with Lord Justice Edis

In this episode of the Criminal Bar Association’s Criminal Justice Matters, Kate Bex KC and Chris Henley KC talk to the Vice-President of the Court of Appeal, Criminal Division, Lord Justice Edis, who sets out his thoughts on the efforts being made to tackle the backlog of cases in the Crown Court, and describes the different use of listing practices in some circuits which are beginning to reap rewards. The podcast touches on the increased use of Artificial Intelligence in the courts and the arguments for and against. The increased use of cameras in court is also discussed, together with the impact they may have on the criminal justice system and the public’s perception of it.

Lord Justice Edis also reflects on the negative impact of dwindling ‘conviviality’ among legal professionals, and talks about his experiences as a keen cricketer, representing his Chambers in matches played with and against his colleagues. Produced by Adam Batstone, you can listen to the full episode here.

London International Disputes Week

Many of our members also practice in other linked areas, and so this week’s London International Dispute Week, may be of interest. Historian William Dalrymple will open the event, followed by a speech from Chair of the Bar Council, Kirsty Brimelow KC and the President of Arbitration of the Bar of India, Gourab Banerji. Drawing on a visit to India earlier this year, they will discuss how ties and relationships between jurisdictions can be strengthened. See the full list of events on the Bar Council Website and below:

https://www.barcouncil.org.uk/training-events/calendar/london-international-disputes-week.html

https://www.barcouncil.org.uk/training-events/calendar/india-and-the-uk-courts-commerce-and-culture.html

In Memoriam

Alan Lees

We are sorry to record the passing of former Wales and Chester barrister Alan Lees, who has died at the age of 97.

Alan was called to the Bar in 1952 and practised from the Chambers of Sir Robin David QC, initially at Hunter Street and later at 40 King Street.

Alan was a peerless criminal advocate with an innate ability to charm a jury. He practised for 40 years and retained his enjoyment of the job to the last. He was also blessed with a long and active retirement. He had only recently been interviewed by Sir Robin Spencer and HH Thomas Teague to record an oral history of the circuit.

Alan’s abiding passion was classical music. He was conductor of a succession of orchestras in the North West and North Wales. Whilst other advocates would pour over their briefs in the robing room, making last minute notes, Alan would sit with a full orchestral score before him, holding an imaginary baton in his right hand, peacefully rehearsing the orchestra of his mind through the symphony to be performed that evening, and immune from the cacophony of his colleagues around him. It is a lesson in the mindfulness which our current generation strives for.

Our thoughts are with his family, and in particular our colleague HHJ Andrew Lees.

**Correction**

Last week we sent congratulations to our new Resident Judges – however in so doing made a critical error.

It is of course HHJ Katharine Moore who has been elevated to the position of RJ at Norwich Crown Court, not HHJ Catherine (Cate) Moore, who sits at Maidstone Crown Court.

Our apologies to both Katharine and Cate for any confusion caused.

And Finally…

A picture can tell a thousand words.

And here we are – a united front, still going strong, and here to stay.

Yours,

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