Monday Message 10.11.25

The  recently published “offender management statistics” produced by the Ministry of Justice can be found here Prison population: monthly prison figures 2025 – GOV.UK.  These provide the detailed breakdowns of the prison population up to the end of September 2025 and are a stark reminder of the crisis that is looming within our prisons.

Some key facts:

  • As at the end of September the total prison population was 87,465. As we know, the maximum capacity is said to be 89,500.
  • Of these inmates, 17,700 are prisoners who are being held on remand, either waiting for trial or sentence. This is a 50-year high;
  • 11,677 of them are awaiting trial, including:
    • Males of all ages, 5,025 of whom have been remanded for violence to the person offences, up 4% in the past year; 890 remanded for sexual offences,  up 7%; 341 for robbery up 5%; and 311 for public order offences up 8%.
    • Of these, 100 are males aged 18 to 20 who are awaiting trial for weapons offences, a 16% rise in the last year;
    • 70 are males aged 15 to 17 (in other words, children), who are awaiting trial for offences involving violence against the person, a figure which has risen 23% in the past year;
    • 711 females of all ages at a rise of 12% in the past year;
    • Of these, 271 females are awaiting trial for offences involving violence against the person offences, a 15% rise in the past year, and 71 for theft offences, a 13% rise.
The CBA have produced an analysis, together with guidance as to how the judgement should be approached, and its effect on the criminal bar which can be found here: The ‘Mazur’ judgment – What does it mean for criminal practitioners?

In summary, the Mazur decision has not changed existing rules for barristers, rather it has led the BSB to reiterate its guidance on the limitations which apply to the conduct of proceedings by counsel.

It is, and always has been, the case that barristers should not upload formal applications (such as bad character applications, hearsay etc) to DCS unless they have been specifically considered and approved by the authorised litigator (which in the case of the prosecution is the reviewing lawyer). The same applies to initial indictments, but not necessarily routine amendments.

On the other hand, barristers are entitled to file and serve documents which are ancillary to their role as advocates in the case. Counsel are therefore entitled to file and serve documents such as:

  • Skeleton Arguments
  • Written Submissions
  • Notes for Pre-Trial hearings
  • Trial Openings
  • Sentencing Notes
  • Draft Agreed Facts
  • Chronologies.
For professional reasons, it may nonetheless be necessary or appropriate to ensure that such documents are approved by an instructing solicitor before service, but such documents are ultimately the responsibility of the advocate in the case.
  • Congratulations to our previous CBA Chair, Caroline Goodwin KC, of Trinity Chambers who has been elected to be the next Leader of the North Eastern Circuit, following in the shoes of Jason Pitter KC. Caroline begins her term on 1st January 2026, and will be in post for 3 years. We look forward to working with her.
  • The South Eastern Circuit have launched a new mentoring scheme to assist both new and established practitioners. Those wishing to take part will be paired with an appropriately experienced mentor, who will endeavor to assist with matters such as:
    • practice development opportunities;
    • Chambers or practice area moves;
    • challenges of returning to work;
    • challenges or conflicts within Chambers.
If you would like a mentor or you would like to volunteer as a mentor, please email
[email protected]
  • Stephen Leslie KC – last week we wrote of the sad news of Stephen’s sudden and tragic death, and sent our condolences to Melissa, Theodore, all of Stephen’s family, friends and colleagues.  In so doing, we neglected to mention his two daughters, Lara and Ophelia – an omission for which we extend our heartfelt apologies for causing them further distress at a time when all who knew Stephen were trying to come to terms with his loss.
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