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Weekly Round Up – 02.03.12

CBA News:

Chairman’s Update:

March is here. The single issue of greatest concern this week is the revised ‘Graduated Fee Scheme (Scheme C)’, being introduced by the CPS. I have written to you on this subject many times. I now copy to you the letter written yesterday by myself and the other Bar leaders to the Director of Public Prosecutions. You can read it HERE. I invite you to study the content. The DPP has accepted an invitation to attend the Bar Council meeting this Saturday, 3rd March. We await his response to the letter, which I shall share with you next week.

I should add that Bar representatives continue to press the CPS for changes to Scheme C. There are areas of detail on which progress is being made: one such is that the CPS have agreed to open a further, small application round for those counsel currently on the Attorneys Unified List, who prosecute in DWP cases which will it seems be subsumed by the CPS, but who are not on the CPS Panel. Negotiations continue with a view to ensuring that this movement of cases from Department into the CPS does not result in unwarranted cuts to fees. I shall share any results with you as soon as I have them.

Meanwhile the CBA Survey continues. The link is HERE. Please make sure that you and every CBA member you know takes the time to complete the Survey by the 16th March deadline. I hope it is clear that Bar leaders are really speaking up for you. The Survey will give us strength.

Have a good weekend,



Website Launch:

Several months ago the Committee commissioned an independent design company for the re-construction, layout and overall design of the current website. The New Website launched last week, you will notice that we have re-branded the Logo (as displayed in this round up) made the navigation user friendly and given the whole site a much needed structured feel.

The majority of the site is Now only accessible by members of the Criminal Bar Association. In order to log in for the first time you will need to have your individual unique CBA reference, those of you who have completed and returned your Direct Debit Mandate would have received this pin earlier this month. If you haven’t then you will need to complete a form HERE and send back to me., upon receipt I can provide you with your reference by email.

There are currently two areas of the site that cannot go live until certain provisions are in place, these areas are, Event Booking and Shop – both of which require us to have SAGE PAY installed and we are currently waiting on the Merchant Numbers before these can be opened. Unfortunately this means that both the event booking page and the shop will be temporarily offline until 9th March 2012,

Happy Browsing


CBA Events:

Paperless Trials – A Symposium

Tuesday 27 March 2012
6.30pm – 9pm
27 March 2012
Church House, Deans Yard, Westminster
Silks, Solicitors and non-members £40 / Juniors: £30 / Pupils: £20
To attend, please complete the booking form here and return with your payment to Aaron Dolan


The CBA Spring Conference 2012

This year’s CBA Spring Conference will take place on Saturday 21st April 2012. It is being held on the North Eastern circuit at Northumbria University in Newcastle. Speakers include Lord Justice Hooper, Penny Barrett (Criminal Cases Review Commissioner), Michael Tuner QC and Gareth Underhill on the topic of appellate advocacy and CCRC referrals, Professor David Ormerod on a roundup of the legal year, His Honour Judge Nicholas Browne QC and Patricia Lynch QC on serious sexual offences and Rudi Fortson QC on confiscation and sentencing in drug offences. It is expected to bring 6 CPD hours.
Prices remain the same as last year at £95 for members over 7 years call, £60 for members under 7 years call and £40 for pupils. Please book by completing the booking form here and return with your payment to Aaron Dolan. Dolan


CBA Annual Dinner

Friday 18th May 2012
Middle Temple Hall, Middle Temple, London
For further information and to book please contact Aaron Dolan
Early booking is advised


Other News:

Legal Services Commission – guidance to barristers on fee claims

Barristers and clerks who undertake legal aid work will wish to be aware of the February issue of the LSC Bar Bulletin which gives advice on how to reduce the chance of fees being rejected or unnecessarily delayed.

The Bulletin includes advice on:

  • claiming for financial hardship;
  • civil payments on account;
  • Family Advocacy Scheme and VHCC claims;
  • crime travel expense claims and the Local Bar Rule;
  • acknowledging receipt of crime Advocates Graduated Fee Scheme claims;
  • the identity of the Instructed Advocate;
  • Pages of Prosecution Evidence, including paper evidence converted into electronic format;
  • Criminal VHCC claims.

Click here for the full bulletin (Pages 9-13 on Criminal)


CRIMINAL LAW WEEK – updates (Issue 12)

Key updates from this week’s issue of Criminal Law Week:
Breach of anti-social behaviour order – whether offence of breaching an order (Crime and Disorder Act 1998, s.1(10)) requires proof of a specific mental element on the part of the defendant: J.B. v. D.P.P., D.C. (CLW/12/09/1).

Diminished responsibility – whether voluntary acute intoxication is now capable of being relied upon to found diminished responsibility: R. v. Dowds, C.A. (CLW/12/09/2).

“Terrorism” – the Court of Appeal considers whether the definition of terrorism in section 1 of the Terrorism Act 2000 includes acts by insurgents against the armed forces of a state: R. v. Gul (CLW/12/09/5).

Crime and Security Act 2010 – new commencement order brings section 45 (offences relating to electronic communication devices in prisons) into force on March 26, 2012: S.I. 2012 No. 584 (CLW/12/09/8).


Criminal Procedure Rules and the new-look Ministry of Justice website

Here are the new URL links to the Criminal Procedure Rules andRule Committee pages :
The Criminal Procedure Rules’ What’s New? page:
The Criminal Procedure Rules:
The Criminal Procedure Rules Forms page:
The Consolidated Criminal Practice Direction:
The Criminal Procedure Rule Committee:

The keen web-watchers amongst you will perhaps notice that the ‘CrimPR What’s New?’ page is about a month out of date.  Colleagues in the Web Team are addressing that and promise that it should soon be corrected. Last week, I published a PCMH form for use in cases involving between two and five defendants.  The related news item was dated 21 February 2012 and when you can are able to see that on the What’s New? page, you will know that the remedial work has been done.


Launch of the European Criminal Justice Observatory (ECJO) Website

A website devoted to training and networking on European criminal law for legal practitioners and others interested. Further information can be found here


Other Events:

All-Party Parliamentary Group for Legal and Constitutional Affairs

This is to notify you that the next meeting of the All-Party Parliamentary Group for Legal and Constitutional Affairs, supported by the Bar Council and Law Society, will discuss the right to private communication between lawyers and clients (‘legal professional privilege’). The meeting will take place on Tuesday 6 March at 17:30 in Committee Room 2 of the House of Lords. You will be aware that the Protection of Freedoms Bill will receive its third reading in the Lords on Monday 12 March.
Chaired by Lord Hunt of Wirral, we are delighted to welcome to the panel Baroness Hamwee, criminal barrister Robert O’Sullivan and Mike Schwarz of Bindmans LLP.
Attendees need not register, however we would be most grateful if you could let us know by return of email if you would like to join us. One CPD point is available for barristers.


The Institute of Advanced Legal Studies, School of Advanced Study, University of London, is pleased to announce the following free events:

Date: Thursday 22 March 2012, 2pm to 5.30m
Title: Serving Time in a Foreign Land: The Framework Decision on the Mutual Recognition of Custodial Sentences
Venue: Institute of Advanced Legal Studies 17 Russell Square, London WC1B 5DR.
To register email: [email protected]. Admission Free, All Welcome.
(Organised in association with the European Criminal Law Association (UK).)


Middle Temple Member “Women’s Forum”

Middle Temple Women’s Forum aims to inspire and support female members of the Inn throughout the course of their careers.

You are warmly welcome to join us for our inaugural event from 6.00 to 8.00 pm on Tuesday, 6 March 2012, at which our keynote speaker will be The Rt Hon Lady Justice Hallett. Drinks will be served in an informal setting where you will have a chance to meet other Middle Templars and the members of our Women’s Forum Steering Group. Please do feel free to bring a guest – male or female, practitioner, judge, head of chambers, clerk or other colleague.

The event is free, but registration is essential. To confirm your attendance, please contact Maria Aristidou at [email protected] or ring on 020 7427 4816 with details of your name, profession, place of work, and if you are a MT member. Please provide the same details for your guest.



A criminologist at Cambridge University is looking for volunteers to participate in a study seeking to examine lawyers’ experiences of working with clients with mental disorders. Participants would discuss their experiences with the researcher over the course of an hour’s interview taking place between the 19th of February and the 10th of March this year. This is an opportunity to communicate your views on the realities of working with clients with mental disorders: research of this kind is very rarely attempted and is important in ensuring that debates about changing law and procedure are informed by the people who have to deal with law and procedure every day.

The researcher would like to hear from barristers and solicitors who have either appeared in Crown Court cases in which the making of Hospital Orders was actively considered, or who have appeared before Mental Health Review Tribunals seeking the discharge of such orders. The researcher hopes to interview practitioners of varying experience – from those who specialise in this work to those who deal with one or two cases a year – and varying seniority – from trainees/pupils to senior practitioners. If you are interested in taking part in this research, or if you would like more information, please email [email protected] with your name, the type of tribunal before which you usually appear (Crown Court or MHRT), the number of years of post-qualification experience you have, and the dates on which you are free between 19.02.12 and 10.03.12.
Interviews can be conducted in Cambridge or central London. There is some flexibility over dates and times so please contact the researcher if you would like to participate and are available for interview at around this time. Participants’ on-going duties of confidentiality to clients would be respected, and only generalised information is sought. All participants who wish to receive a copy of the research findings will be sent a copy once the entirety of the study has been completed in July.


Invite for CBA members to Inquest Law conference

Wednesday 28 March 2012
Central London
A discount to all CBA Members is available
Further information can be found here


ECBA Spring Conference

Defence Rights in Europe
27 & 28 April 2012 –
Further information can be found here


The Health & Safety Lawyers Association

Manchester Event – 3 presentations – each approximately 30 minutes, Followed by drinks reception
DWF LLP, 1 Scott Place, 2 Hardman Street, Manchester M3 3AA
Tuesday 8th May 2012
Further information can be found here


The 5th ICAC Symposium – Registration

Fighting Corruption in a Changing World
May 2012
Hong Kong
Further details can be found here


An Evening of Sacred Music

Temple Church
Wednesday 30th May 2012
Tickets £25
You can buy tickets by emailing [email protected] or through Temple Church box office:

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