Monday Message 28.04.25
Now that the results from the CBA National Survey 2025 have been shared with you, it is time to consider what we can do to try to improve the working conditions for the Criminal Bar so that we retain those who are still willing to undertake publicly funded work and recruit Barristers to ensure that we can still provide a key public service.
Remuneration:
Eight pay review bodies make recommendations impacting 2.5 million workers. The key workers who are covered by these bodies include the police, prison staff, the National Crime Agency, civil servants, the Ministry of Justice, the Home Office, the Judiciary and Members of Parliament. The new Government committed to the Pay Review Body (PRB) process as the means for setting pay for frontline public sector workers, committed to more timely pay awards. They gave their reasons as the need to recruit, retain and motivate suitably able and qualified people. We agree.
Criminal Barristers are key workers. Without us, the Criminal Justice System would collapse. We are paid by the Government to undertake a public service.
Imagine a world where we were given respect and dignity and received an annual pay award without having to fight for it. Rejected. Imagine if the recommendations of Government-appointed independent reviews into our fee structure were followed and we did not have to take action to achieve that end. Ignored. Imagine a world where we could simply focus on presenting cases to the best of our ability and working collaboratively with the Ministry of Justice and other government agencies to reduce the backlog and ensure that there are enough criminal Barristers available to prosecute and defend. The Government talk of radical reform of a broken system but turn their backs on us when we ask to be treated the same as the other agencies within the Criminal Justice System. Why?
In the absence of a PRB or an independent review body who can make recommendations as to remuneration we commit our energy and time to preparing submissions for the Legal Aid Agency, the CPS, the Ministry of Justice and the Treasury. Here we have worked collaboratively with the Chair of the Bar Council, Barbara Mills KC and the remuneration committee. We have the great benefit of the tireless unpaid efforts of our remuneration committee led by Richard Christie KC to whom we all owe a great debt of gratitude. Our focus has been led by evidence, statistics and the 2025 CBA Survey. We have requested four things:
- an independent review body or the ability of the CLAAB to make remuneration recommendations:
- ring-fencing of the outstanding monies promised during the deal:
- an increase of 15% in all fees:
- broad parity of fees so that there is no major discrepancy in payments between those prosecuting and defending.
There are increasing requests from a variety of agencies for us to produce papers, work on improvements, provide free training and education, recruit and retain practitioners – and yet what is there in return for a profession on its knees? We are told that there is no money. There is always money in an emergency and there is money for 2.5 million workers to have an annual pay award. This is an emergency, and we urge the Government not to make the mistake of relying on our goodwill and assuming that we will just carry on. Time is running out.
Our relationship with the Judiciary:
There are four key elements to improving our working relationships with the Judiciary:
- listing, including CVP:
- mutual respect:
- working together to ensure efficiency and best use of resources:
- career progression into fee-paid and/or full-time judicial roles.
The Senior Presiding Judge, Lord Justice Green, has created a new governance structure and focus for the Criminal Courts Improvement Group (CCIG). The CCIG has representatives from all 18 agencies with a direct involvement in the Criminal Justice System. A new Executive Board has been established which oversees its work and is the senior decision-making forum. The Chair of the CBA is one of the Executive Board members and members of the CBA from England and Wales and across all levels of call have been appointed to sit on each of the four working groups of the CCIG. We are grateful to the SPJ for recognising the vital role that the CBA plays within the criminal justice system and for working collaboratively with us.
These groups will consider listing, remote participation, pre-sentence reports and artificial intelligence. If any of our members wish to raise issues for consideration by any of the four groups, please email the relevant contact on our members’ page.
Listing:
The CBA have been involved in the Listing Project which is being chaired by HHJ Martin Edmunds KC. We have fed into the project the issues which cause significant additional stresses and strains at the Criminal Bar. We have shared the concerns raised by our Juniors. Whilst initially, there were mixed views expressed across the country as a whole about warned list cases, we have determined that with the substantial reduction in the numbers of criminal Barristers and the severe financial consequences for the junior Bar of having to wait 2-3 years for payments on ineffective trials, that it is our collective position that warned lists must be eradicated.
We will be working within the CCIG to make the best use of the limited numbers at the Criminal Bar. Only cases which have a realistic prospect of being reached should be listed. We will seek time markings for cases and accurate time estimates. We will urge that late and last minute daily lists changes should only occur in exceptional circumstances so that we retain criminal clerks in chambers and so that our Solicitors and the CPS are not obliged to have the additional stresses of trying to contact clients and witnesses to explain that there has been a last minute change of Counsel. By making these changes it will mean that the Criminal Bar can prepare cases early, avoid delays in the trial process and retain ownership of cases so as to create confidence and support for those accused of crimes, for complainants and witnesses.
CVP:
Consistent national policies on remote hearings would significantly ease the burdens of travel and wasted time. An increase in remote hearings would enable the Criminal Bar to conduct more hearings which would make the best use of our reduced resources. We look forward to working with the CCIG in the remote hearings working group. In the interim, the Better Case Management Handbook policies on CVP hearings should be the norm.
Creating a positive and healthy working environment:
At the commencement of their term as a Judge, members of the judiciary makes a solemn oath to do right to all manner of people according to the laws of this country “without fear or favour, affection or ill will.” That independence is what makes this country a place where everyone is equal under the law. Both sides of an argument cannot win and there will always be someone who is unhappy with the result. A recent concerning development has been public attacks on the judiciary by politicians, political commentators and some in the media. The consequences of these attacks have included direct threats to our judges, damage to their property and fear for the safety of their families. If there are decisions that judges make which are not agreed with, there is a legal route of appeal and a legal process by which decisions can be overturned. Our Judges must be protected to ensure that they retain their independent role and can do so without fear or favour.
Equally, those who prosecute and defend cases at the Criminal Bar, within the CPS, GDLS, our Criminal Solicitors and CILEX colleagues warrant protection from threats of violence, damage to property and must be be safe within their own homes and in their working environments. Whilst we understand that those accused of crime or complainants and witnesses to crimes may have extremely strong feelings about the results of cases, it is never acceptable to attack those who have to conduct prosecutions and defences in criminal cases. Recently, attacks on members of our profession have increased. Death threats are not uncommon for those who have defended people who have either committed or been accused of serious offences.
Those who attack legal professionals in this way must face the consequences of their actions because all participants in the Criminal Justice System have the same rights as our fellow citizens and cannot be abused simply for fulfilling their professional obligations.
The CBA, together with the Bar Council is convening a working group where Counsel, Solicitors, CILEX and the Judiciary will consider a protocol to provide a step-by-step guide for any practitioner who is subjected to threatening behaviour on any media platform or in person so there is a simple process for the reporting and processing of such matters. If you have any examples of this type of behaviour happening please do share them with us so that we can have an informed discussion and if you wish to be part of this process please notify the CBA Secretary, Chloe Ashley, or the CBA Assistant Secretary, Matilda Robinson-Murphy.
The roundtable discussion between the Judiciary and the Criminal Bar:
The Chairs of the Bar Council and CBA have been invited to bring a group of practitioners of all levels of call and from across the country to attend the Resident Judge’s Conference this year in June. We asked the Circuit Leaders to assist us with names to ensure that all Circuits are represented. This roundtable will enable us to speak to the Resident Judges about the findings of the CBA National Survey 2025 and to explain where we can work collaboratively to reduce the stresses and strains for us all. We are extremely grateful to the SPJ for the invitation and to Lady Justice Whipple for agreeing to Chair the session.
Becoming a Recorder, sitting days and career progression:
We are aware of the frustrations of many of our members about the difficulties in getting through the on-line tests to become a Recorder. We have raised these matters with the relevant agencies. We are being advised that many practitioners who are now Recorders have been unable to obtain sufficient sitting days to enable them to gain experience in the role which is preventing career progression. Many of our members wish to become Judges and more Judges will be needed if the current statistics and the analysis in the Judicial Attitudes Survey are accurate. We will work with the Judiciary to ensure that we can improve this situation.
Nicholas George:
We are saddened to note the recent passing of Nicholas George of New Walk Chambers in Leicester. Nicholas began his career at the Criminal Bar but turned to civil law as time progressed. He was a much loved member of the Leicester robing room and will be sorely missed by his colleagues and his beloved wife, Valerie, and their children.
Yours,
Mary Prior KC
Chair, The Criminal Bar Association