Monday Message 15.06.26
Let there be absolutely NO doubt: the Criminal Bar Association is fundamentally opposed to the proposed restrictions on the right to jury trial
No Monday Message this week
There is no full Monday Message this week. In its place, a round-up of the dates and calls still open, several of which close in the coming days.
Reminders:
- Justice Committee finds no evidence to back curbs on jury trials
- CBA Talk – “Killing Whilst Losing Self-Control: Three Conceptual Challenges” (Wed 17ᵗʰ June)
- CBA Vice Chair applications — nominations close Friday
- Justice Without Limits — register interest by Friday
- Reminder – Upcoming Dates for MP Visits to Crown Courts
- Sentencing Council consultations — call for volunteers
- Help us respond to consultations
- Call for parties interested in forming a CBA Black Barristers’ Committee
- BSB Guidance on the use of AI and other technologies
- Reporting the late delivery of prisoners (PECS delays)
Justice Select Committee Report
The justice select committee began taking evidence on the Courts and Tribunals Bill soon after it was published in February. Riel Karmy-Jones KC and Kirsty Brimelow KC both gave evidence, arguing that the government’s proposed reforms to the availability of jury trials were neither workable, nor the answer to delays in criminal proceedings, or to resolving the backlog.
The MPs sitting on the Select Committee have now produced their report which has found that there is insufficient evidence to support the government’s proposals.
It was expected that the bill’s report stage and third reading would begin this week, but no dates have been announced, and it seems likely that all decisions are awaiting the outcome of the by-election later this week.
The report is well worth reading and can be found here.
CBA Talk — “Killing Whilst Losing Self-Control: Three Conceptual Challenges”, Wednesday 17ᵗʰ June, 18:00–19:00
We are pleased to host a talk examining the partial defence to murder of loss of control, and the conceptual difficulties it continues to throw up; an area now squarely back in the reform spotlight. The talk will be introduced by Paul Jarvis KC, Director of CBA Education, and held on Zoom; the joining link will be circulated at 14:00 on the day of the talk.
Dr Matthew Gibson is a Visiting Scholar at Birmingham Law School, University of Birmingham, and has held visiting posts at the Universities of Oxford and Cambridge. He was previously a Senior Lecturer in Law at the University of Liverpool. Matthew researches criminal law doctrine and theory, with a particular interest in the definitions of specific crimes, his work spanning homicide, drugs, and sexual and non-fatal offences. He is currently writing a monograph (OUP) on fair labelling in criminal law, working on a multi-authored project on the partial defence of loss of control, and is co-author of Smith, Hogan, and Ormerod’s Criminal Law (OUP) and a peer-review college member of the Arts and Humanities Research Council.
Dr Laurène Soubise is an Associate Professor in Law at the University of Leeds. Her research focuses on comparative criminal justice, particularly legal decision-making and discretion among legal professionals, and her comparative study of prosecutorial discretion in France and England and Wales has provided valuable insights into decision-making processes. She is currently examining the partial defence of loss of control and its impact on legal outcomes, with a focus on gender disparities, and has published on prosecutorial discretion, criminal justice culture, and professional identity in the criminal justice system.
CBA Vice Chair — nominations close Friday
Nominations remain open for the position of Vice Chair of the Criminal Bar Association, and must be received by 16:00 on Friday 19th June 2026. Candidates must be King’s Counsel, have been a member of the CBA for at least five years, and have served on one of the CBA’s committees during that time. Nominees must be proposed and seconded by CBA members, by email to the Administrator.
The successful candidate will take over as Chair in September 2027. For further detail on what the role entails, please contact Andrew Thomas KC at [email protected].
Justice Without Limits — register interest by Friday
At the request of Mrs Justice Hill, we are pleased to promote Justice Without Limits, a new exhibition organised by HM Courts and Tribunals Service celebrating the experiences, strengths and contributions of disabled people working across the justice system. The exhibition will be displayed in the Great Hall at the Royal Courts of Justice from October to December 2026, with an online version to ensure it is accessible to all. HMCTS is inviting members of the judiciary, legal professionals and office holders who identify as disabled, including those with disabilities that are not immediately visible, such as neurodivergence, epilepsy and long-term conditions and to take part by sharing a short written narrative about how their disability has shaped their career.
Participants will be selected by a panel to reflect a diverse range of roles and experiences.
To register an interest, please complete the submission form and return it by Friday 19th June. For further information, or to request the questionnaire in an alternative format, please contact [email protected].
Reminder — Upcoming Dates for 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 by our Circuit Leaders, who have arranged for senior members of the bar to host — have been extremely successful. Please do seek out and engage with MPs at these courts on the dates below.
- 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 – Midland 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.
Sentencing Council consultations — call for volunteers
The Sentencing Council currently has two consultations open.
The first concerns proposed amendments to the Imposition of community and custodial sentences guideline, arising from the changes made by the Sentencing Act 2026. The CBA intends to respond, and we are looking for members to help shape that response. We would particularly welcome volunteers with a substantial sentencing and Crown Court practice who can contribute detailed drafting comments to deadline. If you would like to take part, please reply to this message and we will be in touch. The consultation closes on 2nd September 2026, and the Council’s papers can be read here.
The second concerns a proposed new guideline for using violence to secure entry (section 6 of the Criminal Law Act 1977), an offence which frequently arises in a domestic abuse context. That consultation closes on 14th August 2026 and the papers can be read here.
Members are of course free to respond to either consultation in a personal capacity.
Help us respond to consultations
More broadly, the CBA responds to a steady stream of consultations across the year, and we are always glad of members willing to lend their expertise. If you would be interested in joining a standing pool of members we can call on to assist with drafting consultation responses — whether on sentencing, procedure, remuneration or wider policy — please let the Administrator know, with a short note of your areas of practice and experience.
Call for parties interested in forming a CBA Black Barristers’ Committee
Those interested in becoming members of a Criminal Bar Association Black Barristers’ Committee should contact CBA Secretary Matilda Robinson-Murphy at [email protected] to receive details of its first meeting, where proposed terms of reference will be discussed and drafted. The committee is being founded to support Black counsel at the criminal bar, and is open also to other criminal barristers who support that aim.
BSB Guidance on the use of AI and other technologies
The Bar Standards Board has published guidance on the use of artificial intelligence and other technologies (published May 2026). The guidance explains how existing duties and rules under the BSB Handbook apply when adopting and using AI, and sets out good-practice principles for doing so safely. Many chambers will be considering adopting a policy on AI, for which this document will prove extremely useful — and it is of critical importance to anyone using these tools in practice. The guidance can be accessed here.
Reporting the late delivery of prisoners (PECS delays)
Delays caused by the late delivery of those in custody to the courtroom continue to cost lost court time every day. The Bar Council is gathering concrete examples to put to HMCTS, the Ministry of Justice and parliamentarians, and to use in the media to illustrate the impact on the trial process. Every time you experience a delay, please record it on the Bar Council’s dedicated delay form here
Every entry strengthens the case.
Yours,
Riel Karmy-Jones KC Andrew Thomas KC
Chair Vice Chair