Monday Message 16.02.26
In the Monday Message this week:
- Letter from the Director of Public Prosecutions
- Crown Court Reform Update
- JUSTICE campaign on jury trial reform
- Bar Council – Collection of Evidence on Prisoner Escort (PECS) Delays
- New Guidance on Child Knife Possession Offences
- In memoriam: Charles Burton; James Hartson
- Sir Nicholas Hilliard’s tribute to Stephen Leslie KC
Letter from the Director of Public Prosecutions
In March last year, Stephen Parkinson, the Director of Public Prosecutions, wrote a letter to Criminal Barristers which we published in the Monday Message. The purpose of the letter was to thank practitioners for their dedication to working in the criminal courts. The DPP has kindly agreed to write to the Criminal Bar again with an update on the work of the CPS and its relationship with the independent bar.
The letter is set out in full below.
I am grateful to Riel for allowing me to write to you once more via the Monday Message. It is now a little over two years since I took up my post, and I wanted to share some reflections on the last year and thoughts about the reform agenda which is at the front of our minds, as well as to express my own appreciation of the work that you do. Whether we prosecute or defend, each one of us plays our part in ensuring that justice is delivered independently and fairly, and I think that we can be proud that, despite all the pressures and strains on our system and ourselves, this country’s reputation for the quality of the justice that we help to deliver remains high.
Our partnership
The effectiveness of what we do depends on the quality of our collaboration and I am frequently impressed by examples I hear, from every region, that attest to the strength of our partnership. I hear regularly from our prosecutors how much they enjoy working with you – how much they value your expertise, and how much our cases are strengthened by working closely together.
In preparing for this message, I asked colleagues for examples of great collaboration between CPS prosecutors and the Bar. I was inundated with examples – too many to mention but I have read them all – of your willingness to respond flexibly and rapidly in cases of extreme urgency (usually at considerable personal cost), the thoroughness and care of your analysis, your attention to detail, the quality of your advocacy, the clarity of your communications and the collegiate nature of your relationship with us. Thank you – it is greatly appreciated.
Continuous improvement
Much of my focus over the last two years has been driving transformation to create a modern, agile CPS which delivers justice more effectively for victims while also ensuring fairness for defendants.
Last year I initiated an end-end review of the way that we deal with cases, from receipt of a case from the police through to sentencing. The purpose is to remove duplication, increase efficiency and strip away the unnecessary barriers that prevent us, and the police, doing our jobs as well as we can. For instance, we are encouraging the provision of early advice; and where more information is needed before a decision can be made to prosecute, we are requiring prosecutors to speak to the police wherever possible instead of sending them an action plan.
We have slimmed down our charging guidance for police in terms of what we need to make a prosecution decision – it had become unnecessarily complicated for the great majority of cases. We are also going further by undertaking a full review of the Director’s Guidance on Charging (DG6) to clarify evidential definitions, streamline national file standards, and address improvements to case handling and disclosure, which should further alleviate burdens on policing.
We are also harnessing the potential of technology, by investing in digital tools to improve the way we manage cases and explain cases to the court.
The ultimate aim of these and other initiatives is to speed up decision-making, and thereby reduce delay, without sacrificing quality.
As part of this programme of work, we are looking to enhance the experience of prosecution advocates in court settings. We cannot do that without understanding your experiences and I was delighted to hear that more than 200 of you took the time to respond to our recent survey, with many offering to speak directly to us in one-to-one discussions. Thank you. We are similarly looking at our online process for the CPS Advocate Panel and will keep you updated as this develops.
Supporting advocates
Of course, improving processes and technology means little unless we have people with the right skills, experience and talent to utilise them – and I want to do all I can to encourage people to practise criminal law.
In my last message I told you about a scheme aimed at those who left the profession some while ago and wish to return. This was a scheme supported by the CBA, and others across the professions, which recognised that people leave the Bar and the solicitors’ profession for a variety of reasons, including childcare responsibilities, but then find it difficult to return. The scheme subsequently attracted more than 100 applicants with a wide range of experience and backgrounds: 31 people were successful and are now working across 9 of our regional CPS Areas. I look forward to running the scheme again.
The CPS is growing its workforce to meet present and future challenges, but that growth sits alongside our continued commitment to working with the self-employed Bar. The numbers on the CPS Advocate Panel remain healthy with more than 3,000 members, including 1,000-plus on our RASSO Panel. The Panel continues to provide a framework for progression for advocates at all levels, with the most recent application window seeing more than 100 new joiners at levels 2, 3 and 4, and 10% of the Panel upgrading their level on one or more of the Panels. More recently, we have seen 24 advocates leave the Panel following their appointment as King’s Counsel – my congratulations to them all.
Criminal Justice System Reform and Funding
Since I wrote to you last year the volume of casework in the criminal justice system, and its delays, have grown. Although I have tried to avoid apocalyptic language when describing this situation, I think it is clear that the capability of the system to deal with its workload is rapidly eroding, and with it public confidence. Victim attrition is rising. Currently 31.5% of contested cases result in non-convictions for victim reasons, an increase of 5% over the last 5 years. For domestic abuse cases, the figure is 48.6%. I think these figures are shocking, but also not surprising given the delays in the system.
So, I welcome part two of Sir Brian Leveson’s review. While I entirely agree with him that there is a great deal to be done to improve the efficiency of the CJS, I also agree that reform beyond this is needed if we are to make the impact on delay that we all want to see. As to what shape that reform should take, ultimately this will be a decision for Parliament to take, but I think it would be a missed opportunity to opt for the status quo.
Funding is also critical to delivering lasting change and I welcome the additional investment in legal aid funding for defence advocates that was announced by the Deputy Prime Minister in December. Maintaining broad parity of fees between defence and prosecution advocates remains an overriding objective for the CPS, for which funding will be needed. We await full details of the proposed changes to defence fees but are now meeting with Bar colleagues monthly to discuss possible changes in respect of our own
.
I don’t underestimate the challenges we face across the system but there are also causes for optimism. Criminal justice is becoming increasingly integrated, with better joint working and a greater appreciation of the interdependencies within the system. The partnership between the CPS and the Bar has a long history and provides a strong platform on which to build. Thank you once again for all you are doing, and I look forward to continuing to work together.
Yours,
Stephen Parkinson
Director of Public Prosecutions.
The CBA, working with the Bar Council, is continuing to engage with parliamentarians, government, the Judiciary, HMCTS and other stakeholders on the proposed reforms to the criminal justice system.
Over the past week we have met with the Deputy Prime Minister, Justice Secretary and Lord Chancellor, David Lammy MP, the Justice Minister, Sarah Sackman MP and the Director of Public Prosecutions, Stephen Parkinson to discuss the work and investment which is required to secure the future of the criminal courts and the professions who work within them.
We remain steadfast in our resistance to the curtailment of trial by jury and the right of appeal from Magistrates’ Court to Crown Court. Our survey last year showed that the criminal bar is overwhelmingly opposed to these proposals. We expect the MoJ to publish draft legislation before Easter. The focus of our campaigning will be on the parliamentary process: once the Bill is published, the matter will be in the hands of MPs and Peers to decide what structural reforms (if any) are required.
However, there is a significant amount of common ground on reform. The CBA supports many of the measures contained in Part 1 of Sir Brian Leveson’s Review of the Criminal Courts, and almost everything which is contained in Part 2. The reports have brought together a package of essential reforms, many of which reflect work which is already in progress. None of this requires the creation of a new tier of intermediate court to be brought into effect and work has already started on its implementation.
Joshua Rozenberg Chairs Panel Discussion on Criminal Courts Reform
On Tuesday 10th February 2026, eminent legal commentator Joshua Rozenberg KC (Hon) chaired a panel discussion on Criminal Courts Reform, hosted by Gray’s Inn. The participants were HH Wendy Joseph KC (author and former Old Bailey judge), Mark Fenhalls KC (former Chair of the Bar and Chair of the CBA) and Professor Cheryl Thomas KC (Hon) (Professor of Judicial Studies at UCL and the country’s leading expert on the work of juries).
The discussion can be watched on the Gray’s Inn YouTube channel here.
This was an excellent debate involving a panel with unsurpassed expertise in the conduct of trials before the Crown Court.
Sunday Times report on Liverpool Crown Court and Local Listing Initiatives
The Sunday Times this week published a detailed article by Emily Dugan discussing the initiatives at Liverpool Crown Court which have helped keep the delays at Liverpool under control. A link to the article can be found here.
The statistics from Liverpool are impressive. The median average delay from sending to completion for trials involving defendants on bail is 252 days. The national figure is 414 days, and at other North West courts, it is as high as 470 days.
The article makes for interesting reading. Anyone who would like to learn more may also want to see the Liverpool Crown Court Consolidated Guidance Note, which is available via the Northern Circuit website here. This sets out the schemes which have been used to control the backlog, including the priority listing scheme (‘Operation Expedite’), the CPS-led Case Resolution scheme and their system of Final Review hearings.
Although this success at Liverpool has rightly been highlighted, we are aware that there are other Courts where local initiatives have had similar results, including Preston (which has targeted domestic abuse cases) and Nottingham (the ‘fast track’ court).
If there are similar successful stories from your local Crown Court, please let the CBA know.
The Unanswered Questions on Criminal Courts Reform
Over the past three months, the Justice Select Committee of the House of Commons, chaired by Andy Slaughter MP, has held a number of sessions to examine the government’s proposals on jury reform. The witnesses before the committee have included David Lammy MP, Sarah Sackman MP, Sir Brian Leveson, CBA Chair Riel Karmy-Jones KC and Bar Council Chair Kirsty Brimelow KC. They have also received written evidence from HH Geoffrey Rivlin KC, the former Recorder of Southwark.
As they draw towards their conclusions, the Committee have identified a number of unanswered questions. Andy Slaughter MP has set them out in a letter to the Lord Chancellor dated 13th February 2026. A copy of the letter can be found here.
The unanswered questions include:
- Do we have sufficient Magistrates and District Judges to take a significant amount of work from the Crown Courts?
- What is the government’s response to the independent IFG report, which shows that the controversial proposal for Judge-only trials would a negligible difference to the overall delays in the Crown Court?
- Exactly why did the government reject Sir Brian Leveson’s proposal for a CCBD comprising a Judge and two Magistrates and replace it with a proposal for Judge-only trials?
- When will the proposed reforms take effect? Will they have retrospective effect on cases which are already before the Crown Court?
Because of the amount of other material in the Monday Message this week, we are postponing the second part of our summary response to Part 2 of Sir Brian Leveson’s Review until next week.
JUSTICE campaign on jury trial reform
JUSTICE is an independent charity which advocates for a fair UK justice system through its campaigns on legislative and policy reform and on improvements in practice. It is led and supported by members of all political parties, as well as many campaigners, lawyers and former judges.
JUSTICE is launching a campaign to defend the right to jury trial. There is an associated fundraising campaign, details of which can be found here.
Bar Council – Collection of Evidence on Prisoner Escort (PECS) Delays
Your help is needed! On an almost daily basis, we hear anecdotal reports of trials and other hearings being disrupted by the late production (or sometimes non-production) of defendants who have been remanded in custody.
There is a widespread view that the system for production of prisoners is broken, but accurate data is hard to come by. There is discussion as to whether problems are the consequences of the overwhelming number of prisoners on remand, flaws in the contracts themselves or service failures by the providers, Serco and GeoAmey.
The Bar Council have launched an initiative to gather evidence of problems encountered, by providing real-life examples.
This study requires input from Criminal Barristers. The Bar Council have produced an online form to report individual cases. It will only take a minute or so complete, and the data is going to be vital to our ongoing discussions with the government and service providers to secure an improved service.
Further details, including the report form, can be found here.
PLEASE REPORT CASES ON A DAILY BASIS WHEN PROBLEMS OCCUR.
New Guidance on Child Knife Possession Offences
On 12th February 2026, the government issued new guidance, said to be aimed at supporting police, Youth Justice Services, and other agencies to deal with children caught in possession of a knife. The guidance outlines the government’s expectations in responding to child knife offences. It requires the police to notify Youth Justice Service of every knife possession offence and that the child receives a tailored, evidence-based mandatory plan to prevent reoffending.
There is therefore a real reduction in professional discretion, and an increase in criminalisation. The full guidance can be found here.
In memoriam: Charles Burton; James Hartson
It is with great sadness that we mark the passing of two of our friends and colleagues.
Charles Burton
Charles Burton of Rose Court Chambers London, passed away suddenly last week.
Charles was called to the bar in 1983. He was a highly respected member of the bar, with an illustrious career both defending and prosecuting. As Rose Court have said in tribute: “He represented the greatest traditions of the Bar. He truly was an outstanding advocate and a special human being. Charles’ qualities of leadership, kindness and of course his talent were there for all to see, particularly to those who had the pleasure of working with him. Charles was a founding member of Rose Court Chambers and his commitment and contribution was immense and will never be forgotten He will be sorely missed.”
Our thoughts are with his family, friends and colleagues during this difficult time.
James Hartson
James Hartson, of Angel Chambers, Swansea, passed away suddenly at the age of 53.
James was a much-loved member of the Swansea Bar and the Wales and Chester Circuit. His career in criminal justice began at 17, when he joined the Metropolitan Police. He rose to the rank of Inspector, working at Scotland Yard, in Special Branch and as a firearms officer in the ministerial protection service. He later studied for a law degree before being called to the Bar in 2010.
James was a hugely well-regarded criminal practitioner, respected by the local judges, by his colleagues and by his clients. Tributes were paid to him at a packed eulogy at Swansea Crown Court on Friday 13th February 2026.
Wales and Chester Circuit Leader, Christopher Rees KC, adds:
“James’ passing has touched so many members of our circuit and the wider legal community in Wales. Swansea Crown Court robing room will not be the same without him. Our thoughts are with his family and his very many friends”
Sir Nicholas Hilliard’s Tribute to Stephen Leslie KC
We announced Stephen Leslie KC’s tragic death following an accident on holiday in the message on 3rd November 2025 here.
His memorial was held at Lincoln Inn’s Old Hall on the 9th of February. Mr. Justice Hilliard has been kind enough to share his speech with us, and we present it here for those who were unable to attend. It is kind, witty, and speaks of a barrister of character and style rarely seen these days:
“Often in a waistcoat made from the Leslie tartan, he presented as a mixture of Mr Toad, the White Rabbit from Alice and Serjeant Buzfuz from The Pickwick Papers.
Leslie managed to create an aura of ‘benign chaos’ in the courtroom which — if the judge and prosecutor were not careful — could contribute to his client’s acquittal. His phone went off more often than most — on one occasion, when it was locked in his new briefcase with a combination lock he could not remember, filling the courtroom with the opening bars of Beethoven’s Fifth Symphony on repeat.”
But, in reality, Leslie had always prepared his case better than anyone else. “The impression of bewilderment and an inability to understand the allegations was entirely contrived.”
Sir Nicholas’ full speech can be found here.
As always, we send our condolences to all of Stephen’s family, friends, and colleagues.
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