Monday Message 20.10.25

The Crown Prosecution Service Quarterly Update

The CPS have now published an update on its own measure of the backlog, based on defendants in its open caseload.  As anticipated in our message last week, we are teetering on 90,000. The precise figure is 89,907. The figures also show that new prosecutions arriving in the Crown Court have risen by 4.6%.

 

Law Commission Homicide Review Call for Evidence

On the 6th of October we asked those criminal barristers who practice in homicide consider and share their views on reform with the CBA team currently responding to the Law Commission Review. To date there has been only one response to this call for assistance. The topics on which the Law Commission have invited evidence include:

  • The current two-tier structure of homicide offences (murder / manslaughter) and the advantages or disadvantages of moving to a three-tier structure (first-degree murder / second-degree murder / manslaughter).
  • The fault element in murder.
  • The law of complicity (secondary liability) in homicide.
  •  “Mercy” and consensual killings.
  • Infanticide.
  • Partial defences (loss of control and diminished responsibility).
  • Full defences (including self-defence and duress).
  • Homicide offences in the context of domestic abuse.
  • Sentencing for homicide, including the sentencing of children and adults under the age of 20.

Full details on each of these topics are set out in the Call for Evidence document, including a helpful summary of the issues in Section 5 of the report.

Members with relevant experience of such cases are invited to provide their views on these topics by email to: [email protected]. In your email, please set out your experience, and confirm that you have considered the Law Commission Report, in the links above. We will not quote or cite any example given without your express permission to do so. You will not be named.

Survey on Independence of the Judiciary

The European Network of Councils for the Judiciary (ENCJ), in cooperation with the Council of Bars and Law Societies of Europe (CCBE), is conducting a survey on the independence of the judiciary. The ENCJ and the CCBE would like barristers in England and Wales to complete the questionnaire, which can be found here.

The deadline is Sunday 26th October:

Garden Court Chambers and FLA Responses to Leveson Part 1

Two responses to Leveson Part 1, particularly focussing on the recommendation for reforms to the right to trial by jury in fraud cases have been produced.

  • Garden Court’s is a letter to the Lord Chancellor which you are invited to consider and sign. It can be found here.
  • The FLA’s Response, drafted by Allison Clare KC, Kathryn Arnot Drummond, and Euros Jones can be found here.

Snaresbrook Crown Court Leads the Charge

HHJ Rosa Dean, the Honorary Recorder of Redbridge, and Resident Judge of Snaresbrook has set out a clear approach to how additional sitting days will be used at her court. From the 3rd of November 2 courts will be set aside to deal with short bail trials, operating on a warned list / floating system. She asks those who are involved in any such case at Snaresbrook to alert the court if you believe you are trial ready. See the explanatory note attached here.

This is good news for the junior bar, and we encourage all to work together to facilitate the process.

Marshalling Opportunities at Snaresbrook Crown Court

Ever a friend to the bar, HHJ Rosa Dean and her fellow judges at Snaresbrook are offering a week of marshalling to all criminal pupils, which will involve them sitting with a judge for a week, and having an opportunity to meet the judges at their Monday lunch. The offer is principally aimed at first-six pupils, but applications from others will also be considered. Applications should be made by way of email from senior clerks direct to HHJ Dean.

HHJ Dean has emphasised that this is about what pupils needs, and that she and her fellow judges at Snaresbrook are here to help. She hopes that marshalling with them will help to de-mystify the system and make young criminal barristers feel more “at home when they get on their feet”, but she recognises that there is some return for the judges, saying “… this is also a way we Judges get a better understanding of the sort of pressures you are all under”.

We at the CBA applaud HHJ Dean for her initiative, and proactive approach. We very much hope that other courts follow this example and extend a similar offer to pupil barristers across the country.  All efforts better relations and reinforce collegiality and understanding between bench and bar are very welcome in these difficult times.

CILEX – Mazur

We encourage all to familiarize themselves with the judgement in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) (“Mazur”). The High Court judgement, Julia Mazur & Ors v Charles Russell Speechlys LLP – Find Case Law – The National Archives makes it clear that only qualified individuals can conduct litigation, even under supervision.

This may have a significant impact on criminal defence solicitors, who rely on non-qualified staff such as paralegals, and chartered legal executives without litigation rights to manage cases. This may also be relevant to Counsel who accept instructions on a direct access basis but who are not authorised to conduct litigation.

The criminal bar may also see the impact as case loads are removed from CILEX members who have previously been tasked with their preparation.

The Law Society has issued a Practice Note which is available here.

The Law Society Gazette and Local Government Lawyer have published summaries of the guidance, highlighting that a number of ‘grey areas’ require clarification.

It is clear that the judgement may affect junior counsel, for example attending the magistrates’ court and taking a plea. We will be considering the effects further and will say more in the coming weeks.

Call for nominations to stand for election to the Bar Council in 2026

There are 11 casual vacancies to be filled:

  • Self-employed King’s Counsel – 4 vacancies
  • Self-employed junior counsel under 7 years in practice – 4 vacancies
  • Employed King’s Counsel or junior counsel over 7 years in practice – 1 vacancy
  • Employed junior counsel under 7 years in practice – 2 vacancies

Successful candidates will take up their posts on 1st January 2026, with their term lasting for one year. Members can then stand for election again.
The deadline for applications is 10am on Thursday 30th October. The application process is straightforward: a short statement of up to 200 words setting out what the candidate will bring to the role. Any contested places will be voted on by members of the Bar Council.

More information is available on the Bar Council website, including the role profile for Bar Council members.

SEC – Resilience at the Bar

On Wednesday 22nd October between 18:00 to 19:00, the SEC will host an online talk delivered by Heidi Stonecliffe KC, Vice Chair-elect of the Bar Council. This promises to be an interesting and helpful talk for all; at whatever stage of your career you may be. For further information, please contact the SEC.

Humanitarian aid trip to Ukraine

HHJ Peter Cooke of Birmingham Crown Court and John Brotherton of Cornwall Street Chambers, have embarked on a trip to Ukraine on behalf of British Ukrainian Aid (BUA), to deliver a vehicle filled with humanitarian aid and medical supplies. HHJ Cooke has personally purchased the vehicle and its contents himself.

Any donations to support this effort would be very gratefully received. Any residual funds will be donated to BUA to help support their general operations. For further information on how to donate, please contact Aaron here.

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