Monday Message 12.01.25

Oh Canada ….

We have in previous messages been critical of the government’s misrepresentations about the Canadian system of criminal justice, which they yet again have relied upon to support their proposals to restrict the right to jury trial.  While of course there is much to be gained from looking at the Canadian system, as there is from that in New Zealand, it is wrong to cherry pick aspects without understanding the context as a whole, and the real differences that there are.

But yet again, David Lammy MP [Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice] is making assertions based on a different criminal justice system, that has a different structure, different categorizations of offences, a different judicial order, and a different approach to sentencing at its foundation.  And he does so without any apparent modelling as to how picking one part but not another will affect the fairness of trials here, or the backlog.

Laura Hoyano, is an Emeritus professor of law at Oxford University, a dual-qualified barrister (Alberta Canada call 1983; England & Wales call 2015) and a member of Red Lion Chambers. She has researched comparative evidence & human rights law in criminal justice systems since 1990 in her capacity as Oxford academic. Her verdict in two posts on Linked In last night is-

“I simply don’t recognise the description of the Canadian CJS by David Lammy MP [in the Guardian article above] after a flying visit to Toronto, nor as described by him or Sarah Sackman MP in Parliament. The Canadian CJS is on a different planet, not just another continent, from what Labour is proposing”.

A number of differences identified by Laura are worth highlighting:

  1. It’s wrong to say that Canadian Defendants only have the right to jury trial if charged with an offence punishable by 5 years’ imprisonment or more. To the contrary – the Criminal Code of Canada provides that all trials on indictment, and all either-way offences tried on indictment “shall be tried by a judge and jury”. This applies to all offences where the minimum punishment is two years imprisonment or more – a bright line rule that is not subject to judicial discretion or a three-year floor as the Lord Chancellor proposes.
  2. This provision is subject to the right of the defendant to elect trial by judge alone for all trials on indictment. There is also a short statutory list of exceptions for minor offences like theft under $5,000 or simple possession, which are heard by Provincial Court Judges without a jury.
  3. In Canada, every Defendant charged on indictment has a right to elect trial by jury, or trial by judge alone. This includes where there is an allegation of Murder.
  4. The cases David Lammy witnessed are therefore cases where the Defendant will have elected to be tried by judge alone. The reasons for advice given on such an election may be wide and varied, and may depend on the facts of the case, as well as area and community specific issues (for example offending relating to indigenous communities).
  5. In Canada lay magistrates were abolished in the 1980’s, because the public distrusted their legal knowledge; they were found to be too unreliable.
  6. In Canada all judges at all levels of court must be professionally qualified & experienced practitioners.
  7. In Canada jury verdicts must be unanimous. Unanimity was recently praised by the Supreme Court of Canada as the strength of jury trial.
  8. Canadians believe in jury trial – even more firmly that the British do.

Laura concludes –

“As a central tenet of ‘Canadian-style courts’, they [the government] cannot pretend they are emulating a system when they are ignoring its most central tenet, and its most important factor in trial efficiency. JURY TRIAL IS NOT FORCED ON, BUT NEITHER IS IT WITHHELD FROM, CANADIAN DEFENDANTS on indictment, yet that is what Lammy & Sackman plan on doing”.

Laura’s two posts can be read in full here  and here, and contain links to other material she has written on the subject.

Karl Turner MP

In this interview Karl Turner, a former barrister and the MP for Kingston upon Hull East, says he has never gone against the whip, but will do so to preserve jury trials. It is worth reading, and Karl is to be congratulated for taking a bold, brave and principled stand.

Remuneration

As readers of this message will be aware, remuneration, both in respect of defence and prosecution fees, is a constant part of the CBA’s work, and are in regular communication with the MoJ, the CPS, the Bar Council about this issue. As will be understood by the membership, we cannot always reveal what has been said in those meetings, which are for the most part conducted under Chatham House Rules, or relay what stage negotiations have reached.

However, I can tell you that this Wednesday the 14th of January, we are meeting MOJ officials and others at the AGFS sub-group to discuss proposals for the £34m AGFS investment package. The proposals cover both general uplifts to AGFS fees and targeted interventions. The MOJ has made clear its desire to expedite the implementation of the additional funding so that it reaches you as quickly as possible, and I will reiterate the need for this on Wednesday.

This AGFS sub-group meeting follows the Criminal Legal Aid Advisory Board meeting last month which we attended, and at which Minister Sackman was also present, and outlined her priorities for criminal legal aid and heard from members about their concerns for the sector.

We will provide more details after Wednesday.

What we can achieve when we work together.

Some good news about the Criminal Justice System. Figures published by the Metropolitan Police today show that in 2025 the number of murders in London fell to the lowest per-capita figure ever recorded.

There were 97 recorded homicides in the capital in 2025, compared to 107 in 2024 and 153 in 2019. The per capita rate was 1.1 per 100,00, the lowest on record. Whilst every death remains a tragedy for those involved, that fall makes a real difference to people’s lives.

Significantly, there has been a substantial fall in the number of teenage victims (down by 73% since 2023). The Metropolitan Police attribute much of the fall to its campaign of intervention to prevent young people being drawn into gangs and violence, and targeting of street gangs and organised criminal for other forms of offending.

The figures highlight the importance of the Criminal Justice System to civil society. The proper funding and efficient operation of the courts is key to making our towns and cities a safer place to live.

s.28

Reminder – From 6 March 2026, S.28 recordings will transfer from Vodafone onto the PRE System. From this date ALL recordings will be accessed through the PRE Portal.  Pre-Recorded Evidence Account – GOV.UK.

S.28 Youth Justice and Criminal Evidence Act 1999 – Update can be accessed here.

Assistant Secretary of the CBA

Nominations are invited for the position of Assistant Secretary of the CBA.

Those wishing to stand must be members of the CBA and must be proposed and seconded in writing or by email by members of the CBA.  An applicant’s expression of interest, together with the two proposals, should be submitted in writing to the CBA administrator by 4pm on Wednesday 4th February 2026.

If more than one valid nomination is received, a combined electronic and postal ballot of the membership will be held.

Please note – this is a two-year commitment. The successful candidate will hold the position of Assistant Secretary for a period of one year until 28th February 2027. Thereafter, they will then become Secretary from 1st March 2027 for one year.

The role of Assistant Secretary is varied and significant. The role is to provide assistance to the Secretary and other officers of the CBA in responding to the ever-changing landscape of the criminal justice system, representing the views of the membership and aiming to improve conditions for criminal barristers. Responsibilities include attending meetings (both online and in person) with the CBA Officers and the Executive Committee, assisting in drafting key communications and documents for the membership, and liaising with government, charities and other organisations.

Please note – this role in is best suited to a person who would be available to attend a number of events in London, sometimes at short notice, and is willing to take part in media interviews including television and radio appearances.

Claire Waxman OBE

We welcome and congratulate Claire Waxman OBE as she steps into her new position as Victims Commissioner for England and Wales, following her successful term as London’s first Independent Victim’s Commissioner. We look forward to continuing our work with her, improving complainant victims’ experiences of the criminal justice system.

and finally,

As flagged before Christmas, the CBA has been working with the Bar Council and Circuit Leaders on the next phase of our Justice Needs Juries campaign. Key dates:

  • Tuesday 20th January – MP/Peers drop-in session in Parliament

  • Friday 30th January – Constituency Court Day: please invite your MP to visit your local court

  • Tuesday 3rd February – MP lobby day in Parliament (wigs and gowns)

Most importantly: please write to your MP. Find your MP here and use or adjust the template letter we have drafted.

Best wishes,

Riel

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