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Monday Message 08.09.25

News Bulletin

At the start of a busy working week ahead, this is a digest of the essential news you need to know.

 

New Justice Ministers

We congratulate David Lammy on his appointment as the new Secretary of State for Justice and Lord Chancellor.  We look forward to continuing the constructive engagement that the Criminal Bar Association has had with his immediate predecessors, both in this Government and under the previous administration.

Our congratulations also to Shabana Mahmood on her appointment as Home Secretary. We thank her for the work which she and her wider justice ministerial and civil service team have done with the CBA during her tenure as Secretary of State for Justice and Lord Chancellor, and before in role as Shadow Justice Secretary. The CBA looks forward to continuing that relationship.

The Harman Report

The Bar Council has today published the Baroness Harriet Harman KC’s independent report on Bullying, Harassment and Sexual Harassment at the Bar. The CBA welcomes the report. It makes for uncomfortable but essential reading for all. The report can be found here.

The Harman report publicly finds there to be widespread and systemic problems of inappropriate behaviour at the Bar and on the Bench. Baroness Harman’s analysis of the root causes shows how perpetrators have for too long been tolerated, and victims have found it too difficult to obtain redress. Both the culture and the structures of the Bar have to be questioned.

The Bar Council’s Working Lives study showed that criminal practitioners report a higher prevalence of bullying, and harassment of all types, cutting across all call bands, than other branches of the Bar. Sexual harassment is commonplace. That the reprehensible misconduct of a past Chair of the CBA is one of the case examples highlights the fact that all too often this unacceptable behaviour, exploiting power imbalances, involves the conduct of senior barristers towards juniors, junior staff members and students.

We can all reflect on behaviours which we ourselves have experienced and / or witnessed. We should reflect on how we can treat each other better, with the professional kindness and courtesy that all deserve, no matter how stressful the circumstances.

The Bar cannot carry on without fundamental change. As Baroness Harman  observes, “This situation is not sustainable. Nor should it be.”  The report contains 36 recommendations which are clearly stated, practical and achievable. They include:

  • Appointing a Commissioner for Conduct as a senior officer of the Bar Council, to coordinate its work tackling bullying, harassment and sexual harassment.
  • Clarifying and strengthening the duty on all Barristers to report serious misconduct.
  • Implementing mandatory training for all Barristers.
  • Improving anti-harassment policies and complaints procedures within chambers.
  • Providing support for complainants.
  • Reducing delays in BSB proceedings.

The CBA welcomes these recommendations, and will continue to work with and support the Bar Council in this important work. The very fact that the Bar Council voluntarily commissioned such a far-reaching investigation is a testament to its commitment to put right the failings of the past. We are grateful also to Baroness Harman for the thoroughness of her investigation, and clarity of her insights and recommendations.

We strongly recommend that all barristers, across the entire Bar, read the report. Change will not happen until we have all recognised the nature and causes of the problem as set out in the report. The recommendations are compulsory reading because they will affect us all in our daily work.

Mary Prior KC

The CBA and all members of the profession owe an enormous debt of gratitude to Mary Prior KC, who has fearlessly and diligently led us for the past year as Chair and before that as Vice Chair provided steadfast support to our former Chair Tana Adkin KC.

Mary achieved a huge amount during her two-year term, forging and solidifying relationships with key stakeholders such as the MoJ, the SPJ,  the CPS, senior members of the judiciary, and many more. Throughout Mary’s  tenure  the CBA further strengthened our collective voice at the table. The personal respect all justice stakeholders have when listening to her wise, informed views. Mary has been a champion and friend to us all, and we owe her our eternal thanks.

Victims’ Commissioner for England and Wales

Our congratulations to Claire Waxman OBE who has been appointed to become Victims’ Commissioner from 1st January 2026. She will be excellent, and the CBA look forward to working with her in the future. Our shared objective is to continue to improve the Criminal Justice System for victims of crime, their families and witnesses, while recognising the need for fairness to defendants and those close to them.

Baroness Helen Newlove will continue in the role until Claire’s term begins. The CBA thank her for the excellent work she has done over her two terms. Helen’s achievements in the role have been immense.

The Sentencing Bill

The government last week published its Sentencing Bill.

At a time when the prisons are full to capacity, it is only right that Parliament looks again at where the priorities for the criminal justice system should lie. There is clearly much to be commended in the Bill, in particular its proposals to strengthen community punishments. The CBA will be carefully scrutinising its proposals. We will be commenting in more detail in next week’s Monday Message.

IN OTHER NEWS

Commons Justice Select Committee – Inquiry into use of Video Pre-Recorded Cross-Examination

Tomorrow (Tuesday 9th September) Kama Melly KC, Chair of our RASSO Committee, will be giving oral evidence on behalf of the CBA to Justice Select Committee’s inquiry into the use of pre-recorded cross-examination under Section 28 of the YJCEA 1999.

Her public evidence will begin at 2:30 pm tomorrow and can be watched online.

Serious Fraud Office Fee Uplift

The SFO’s fee uplifts were announced at the end of August and take effect from 1st September 2025.
Fees have been increased by 25% for all counsel on the SFO panels. For disclosure work, there is a smaller increase of 4.25% to reflect the fact that there had already been a 21% increase in December 2023.
Full details of the rates can be found here.

Keble College Advanced International Advocacy Course

Congratulations to the South Eastern Circuit for another successful Advanced Advocacy Course at Keble College.

Upcoming Education events

A full list of Educational and training events are available within the event section of this Monday Message.

We wish to highlight the CBA Young Bar Day taking place on Saturday 11th October at Inner Temple.   The event is open to all Junior Criminal Bar Members up to 7 years call. Further details and how to book can be accessed here.

Riel Karmy-Jones KC – Chair
Andrew Thomas KC – Vice Chair

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