Monday Message 06.07.26

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

In this edition:

• Justice Needs Juries – a brief update
• Fees
• New Practice Direction on Listing
• Domestic Murder Sentencing
• New Courts
• The Fordingbridge Rape Case Appeal
• Reviewing the Minimum Age of Criminal Responsibility
• SPJ’s direction to Judges re: MP visits to Crown Courts, and Upcoming Dates for MP visits
• Farewell to HHJ Menary KC, Honorary Recorder of Liverpool

Justice Needs Juries – a brief update

We have not stopped in our campaign, and we continue to engage with MPs. We are heartened by articles such as that in The Times yesterday, that suggest Andy Burnham “has privately committed to abandoning the jury reforms… which would replace trial by jury with just a judge for many offences” quoting his comments in a radio interview where he referred to trial by jury as a “lynchpin of a fair society” and urged the Prime Minister to “pause” the reforms, saying “I understand the pressure on the courts but this is about a fundamental part of our country”.

However – a “pause” is not a “full stop”, and until we have that FULL stop, we will not relent in our campaign. To that end, we have this week prepared additional briefing documents for MP’s, which are being circulated to all parties, including those in the innermost circle.

Fees

Over the past year the CBA and the Bar Council have worked closely together on the issue of fees. We have not always been able to share the details of the many meetings we have had, both with each other, the Criminal Legal Aid Advisory Board [CLAAB], the CPS, and jointly and severally with our Rem Com committees, the MoJ, and Ministers.

• Criminal Legal Aid – the Bar to receive 3.5 million (incl. VAT) towards barrister fees – the ‘Underspend’ has been Resolved

One of the issues that has been fought hard by the Bar Council, and particularly spearheaded by Kirsty Brimeleow KC, has been the outstanding underspend to the agreement reached between the Government and the CBA in September 2022 (while Kirsty was Chair) which has been estimated at £4.5 million plus VAT (£5.4million). Kirsty has personally made numerous representations on this and has been determined to ensure that the deal was fully realised.

On the 3rd of July we received a letter from Sarah Sackman MP (Minister for Courts and Legal Services) confirming that a Statutory Instrument will be laid that will see the Bar receive £3.5 million (inc VAT) towards our fees ‘in steady state’, in order to address that historic shortfall.

The SI will have the following effects:

• Loosen the trial length criterion which must be satisfied for an advocate to be able to make a claim for hourly rates wasted preparation under para. 18, Schedule 1, of the Regulations. The threshold is currently set at five or more trial days; this will be reduced to two days.

• Increase the level of the additional preparation fixed fee provided for at para. 18A from £62 (exc. VAT) to £81 (exc. VAT).

• Expand the applicability of the additional preparation fixed fee to guilty plea cases – to date the fee has only been claimable on cases resolving by way of a trial or cracked trial.

It is expected that these changes will come into effect from the 28th of July (subject to the will of Parliament) and anticipated that the full amount of £4.5m (£5.4m inc. VAT) should be reconciled in around three years.

The changes being implemented are permanent, and the increase in the additional preparation fee and the broadening of the scope of the wasted preparation provisions will continue to apply beyond the point of reconciliation.

Although the figure of £3.5 million (increasing to 4.5m in 3 years) is comparatively small, we recognise that it comes at a difficult time for the Government. Leadership is in a state of flux, a commitment has been made to increase military spending with a directive that funds should be drawn from all departments in order to be able to do so.  Significant issues, such as the Courts and Tribunals Bill have plainly had to be put “on ice” till the new Prime Minster is in place, and decisions as to what battles to undertake are made. Against that background, this is a welcome step by Minster Sackman, and we thank her for it, and Kirsty too for her part in facilitating it. Small though it may be, it is an investment into the profession that will take effect almost immediately and will provide a boost particularly to the junior bar who need it the most.

• The £34 million promise to Legal Aid fees

Keeping the above in mind, on 9th of June, we wrote to Sarah Sackman MP setting out our concerns regarding the implementation of the up to £34 million (approx. £28m plus VAT) advocate investment package that was promised by David Lammy MP in December 2025. These included the now 7-and-a-half-month delay in the implementation of the funding package, the recent revelation that the funds would only apply to new instructions, the implications for CPS fees, given the principle of effective parity as promised by Stephen Parkinson, Director of Public Prosecutions, and risks and consequences that further delays may engender. We asked for a meeting with Minister Sackman to discuss our serious concerns over this.

As reported in our Monday Bulletin on the 22nd of June, we were due to have a meeting with the MoJ that week.  This was cancelled because of the events in Westminster that week, including the announcement of the resignation of the current Prime Minister, Sir Kier Starmer KC MP.

We have now received a reply to our letter (dated the 29th of June) in which Minister Sackman said:

“I recognise the importance of the funding commitment made in December 2025 and the strength of feeling regarding the timing of its implementation.

As discussed previously with members of CLAAB, the Government has been developing a package of measures which combines a broad uplift to fees with targeted investment. A number of the elements within the package come in direct response to the input we have had from the profession, alongside wider expert advice on strengthening the criminal legal aid framework.

We have now finalised our proposed package of measures, subject to cross-government
agreement, and will be launching the consultation shortly. This consultation will provide an opportunity to consider the funding proposals further in the round and ensure the views of the profession are reflected.

I would welcome the opportunity to discuss these matters directly with you, alongside the formal consultation. My office will be in touch to arrange a meeting with you.
Thank you again for taking the time to write.”

In her letter on the 3rd of July, Minister Sackman mentioned the consultation again, saying that it would be launched shortly.

Again – while we recognise all the issues the Government is currently dealing with, and the small movement outlined above (which, as it relates to money previously owed we expect to be distinct from the £34m promised to us in December), we have been waiting for some time – against a background of an ever-decaying Court infrastructure, a working environment that is not fit for purpose, and demands that are made of us which come at a significant cost to our wellbeing.

We will continue to push for this meeting with the Minister for Courts, and for resolution of these issues. As previously said – as soon as the full proposals have been published, as soon as we know what the final package contains, as soon as we know exactly what we are dealing with, the CBA will be consulting you, our members, on how you want to proceed and on our response.

• Meeting with the DPP

Our meeting with Stephen Parkinson, Director of Public Prosecutions, is due to take place tomorrow (7th July). We will report back.

• London Fees Pilot – and information for those outside of London

The CPS are currently running a limited pilot scheme in London for interim payments which allows London Chambers to opt in to bulk bill PTPH fixed fees at regular monthly intervals where trials are listed over 12 months from the PTPH date. It is designed to provide early payment of PTPH fees as it means that barristers will no longer have to wait till the conclusion of the trial before billing that hearing. The scheme will be closely monitored as to how effective it is, and if successful it is anticipated that it may be adopted in other areas. Please do encourage your Chambers to opt in.

We are aware that some Chambers from outside London have enquired whether they could be added to the pilot scheme. Regrettably, it is in the nature of a pilot that the new scheme is being trialed only within a limited area. This is not a case of preferential treatment: both the CPS and the professional groups agreed it was necessary to test whether this system would be workable and popular. On this occasion, London was chosen as the trial location as the large number of chambers in that area would provide an appropriate evidence base for the study. The feedback so far is that the scheme is working so we are hopeful that it will be rolled out elsewhere in the near future.

New Practice Direction on Listing

The new Practice Direction on Listing in the Criminal Courts has been issued today. This is the first national framework for listing cases, providing consistency of approach across criminal courts in England and Wales. It provides direction to judges on prioritising cases based on the human impact of delay on participants and ensuring fairness in court proceedings. It will come into effect on 1st October.

Domestic Murder Sentencing

On the 30th of June, we received a letter from Jake Richards MP, Parliamentary Under-Secretary of State for Justice, confirming the Deputy Prime Minister David Lammy’s announcement in respect of sentencing in cases of domestic murder, namely that the Government intend to increase the starting point for such offences from 15 to 25 years. This new starting point would only apply to murders committed on or after the starting date.

This announcement has come without any consultation with the CBA. We are told that further detail will be provided shortly, and that additional provisions are also being considered.

We look forward to engaging with the Government on any reforms in due course.

New Courts

• London Tribunals Centre at Newgate Street Opens

On Friday the 3rd of July, the Permanent Secretary Jo Farrar joined the Lady Chief Justice, Senior President of Tribunals, HMCTS Chief Executive Nick Goodwin and others to mark the official opening of the London Tribunals Centre at Newgate Street, billed as being one of the largest tribunal centres in the UK.  With 30 hearing rooms and 40 judicial chambers the building supports up to 60 judges.

In announcing the centre in February of this year, Sarah Sackman MP said:

“We inherited a justice system in crisis. Backlogs soared, buildings crumbled, and people waiting years for a hearing have been left in limbo. Everyday people are paying the price for years of neglect. 

This new centre is a turning point. One of the largest tribunal centres in Europe, right here in London – part of our plan to modernise the estate, recruit more judges and restore access to justice.”

This would seem to suggest that the new centre would have some reference to Criminal cases, however, it appears that none of its court rooms will be designated to criminal matters, despite (in the best traditions of the British legal system) the MoJ choosing a famous and historic location and name for the new building – Newgate Street.

Closer inspection however does reveal an important link to our criminal courts after all. Quoting from the London Museum page (here)

“Filthy, disease-ridden and dangerously overcrowded, Newgate Prison was one of the most widely feared institutions in London’s history. From 1188 to 1904, London residents lived under the intimidating presence of Newgate Prison. It was the main prison of the City of London and the county of Middlesex. Some of the most high-profile criminals and murderers were locked up there. Inmates at Newgate lived in appalling and cruel conditions. Many were also held there before their execution. The prison was so notorious that it even influenced the writing of Charles Dickens, appearing in novels like Oliver Twist and Great Expectations. Life inside Newgate was just as harsh and frightening as the building looked from the outside. It was notoriously overcrowded and housed not just people but also lice, vermin and disease.”

So – basically, just like any modern Crown Court. 

• City Of London Law Court

More optimistically, the new City of London Law Courts will be opening in Spring 2027 with 18 courtrooms (four mags, eight Crown, five Civil and one multi-purpose).  There will be 32 consultation rooms over five floors, and a robing room which will include private booths so that remote hearings can be conducted in privacy. Unfortunately there will not be any catering facilities – a serious flaw, given the time and money invested in this building.

The South Eastern Circuit has however been assured that HMCTS will provide kettles in the robing rooms.

They are working on a fridge.

The Fordingbridge Rape Case Appeal

Last week, the Court of Appeal heard the ULS appeal in The King v. X, Y, and Z – the Fordingbridge rape case, which in summary, found the sentence imposed on the third child Z to be a “perfectly proper sentence”, and not unduly lenient, but raised the sentences for chid X and child Y to concurrent sentences of 4 years’ detention, with no separate penalty for ancillary offences, on the basis that while the learned judge had carried out the difficult and complex sentencing exercise with care, he had materially undervalued the seriousness of offending, including that it had involved multiple rapes involving two victims.

Although the full judgement has been widely circulated, and is available on-line, it is still in draft and contains the usual red warnings about publication, so we do not re-publish here, or quote directly from any passage. We will circulate a copy once the Final is available.

However, two matters are worthy of mention now:

• The importance of a prosecution’s sentencing note following the guidance given in R v ZA [2023] EWCA Crim 596; 23 2 Cr App R(S) 45 (ZA), and (in cases such as this) referring the judge to the Child Sexual Offence Guidance, and “Child Defendants in the Crown Court” Benchbook, the “essential guide”. [Which can be found here.]

• The caution that should be taken in any person commenting directly and publicly on sentences imposed in a criminal case that is still proceeding through the courts.

Reviewing the minimum age of criminal responsibility

On 25th June 2026 the Bar Council released a report on the review of the minimum age of criminal responsibility, recommending that the minimum age of criminal responsibility is raised to 14. The report contains excellent contributions and careful analysis from a wide range of experts in the field.  Whatever one’s views, it will undoubtedly encourage debate on this important topic, which is to be welcomed.  The full report can be found here.

SPJ’s Direction to Resident Judges and Upcoming Dates for MP Visits to Crown Courts

There has been some recent press around MP visits to Crown courts, it having been reported in the Times last week that Sir Nick Green LJ, Senior Presiding Judge, has ordered that future visits be postponed, and has also banned judges from speaking to parliamentarians. This has led to criticism, on the basis that, at this time, when the courts are struggling with unprecedented backlogs, and proposals to reform jury trials have not yet been ditched, it is important that MP’s should have an understanding of our criminal courts and how they are operating.

Plainly, these reports were cause for concern, however the CBA have made some inquiries, and understand that the direction was intended simply to say that Judges should not be meeting with MPs to discuss the work of the courts at what is a sensitive time.

It does not affect the visits which the Bar have organised, and which are still being undertaken – nor could it.  MPs are members of the public, and as such are entitled to visit the courts, and  to meet with members of the criminal bar as they wish.

All of the recent MP Court visits, have been extremely successful. Please do continue to seek out and engage with MPs at these courts on the dates below.

Upcoming dates are as follows:

• 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 (2^nd 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.

Farewell to HHJ Andrew Menary KC, who steps down as Honorary Recorder of Liverpool.

On Friday 3rd July 2026, Court 4-1 at the QEII building was packed to the rafters for the valedictory to HHJ Menary KC. Over 120 family members, court staff, current and former judges, barristers, solicitors and others were crowded into the court, with 100 more following the proceedings online.

HHJ Menary was standing down after 7 years as Recorder, having successfully navigated the QEII through the pandemic, the riots following the Southport attack and the challenges of the Crown Courts backlog.

Liverpool’s legal luminaries were to the fore, with Edis LJ, Vice President of the Court of Appeal, Criminal Division, and Yip LJ, Deputy Senior Presiding Judge of England and Wales, joining HHJ Menary on the bench. The last three Recorders of Liverpool – Sir David Clarke, Sir Henry Globe and HHJ Goldstone KC – were also in attendance.

The Lady Chief Justice, Baroness Carr, joined by video link to address the hearing. Other speakers included Samantha Hillas KC, Leader of the Northern Circuit, Rick Pratt KC of Harrington Street Chambers, and Jeremy Rawson on behalf of Liverpool Solicitors and HCAs.

Baroness Carr described HHJ Menary as “our very own King of the North” and referenced the Spider Man poster which adorns the walls of his chambers, with the quote: “With great power comes great responsibility.”

Rick Pratt spoke about Andrew Menary’s abilities as an advocate, including the fact that as a junior barrister he had won all of his first 32 jury trials, both prosecuting and defending.  He said: “In Judge Menary, this court has had a great leader. He has never flinched from doing his duty. At the time of the riots, he became the public face of the judiciary. He made us all proud, doing the right thing with calm, rational authority“.

HHJ Menary said: “43 years ago, I arrived in Liverpool, knowing nobody, never having set foot in the city. Today, I leave as its Recorder, and I’m still not entirely sure how any of that happened.” He said that his work was about the relationships which were made. “It is not so much the judging, it’s the people. Always the people.” He thanked the Court staff who had supported him, including his longstanding usher Jayne who was retiring on the same day after 24 years of service.

HHJ Menary has done a great deal for the criminal bar by showing that with strong trusted leadership and hard work, we can bring the backlogs down. He will be much missed at Liverpool Crown Court, but we understand that he will be seen around and about in a new part-time judicial leadership role, described by the Lady Chief as “a roving ambassador”.  We wish him well.

Yours,

Riel Karmy-Jones KC           Andrew Thomas KC
Chair                                       Vice Chair

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