Skip to main content

Weekly Round Up 27.07.12

Vice-Chairman’s Update

Max Hill QC is away on a deserved holiday and so it falls to me to impart the Friday News.


The Headlines

Max’s absence gives me an opportunity to reflect on his time in office as he stands down in September.

The 4th QASA consultation is upon us and we give you the opportunity to express your views.

We announce a dinner in honour of the retirement of Lord Justice Hooper and past and present retiring Old Bailey Judges.

We unveil important new bursary awards and announce forthcoming CBA elections.

The recent election has revealed that many of you have allowed your subscriptions to lapse; we advise below and suggest an organisational change within the CBA.

Recorders may be eligible for backdated pensions see below.



If my time with the CBA has given me no more than the opportunity to meet and work with Max I would be thoroughly content. We owe him an enormous debt of gratitude. He has worked selflessly and relentlessly to preserve the Bar and maintain its high standards. When Max took over as chair the CBA had lost touch with its membership. Max has turned the CBA back into the representative body it is meant to be. He is a great communicator and the Friday emails were his innovation. He has refused to compromise his principles in all negotiations and the stance of “we better give way for fear they might do something worse” is no longer. Max has ensured that our touchstones will only ever be the maintenance of an independent Bar and the preservation of standards in the interest of the public. His brief has been extremely wide and he has ensured that the CBA has healthy education programme. There has not been a touch of arrogance about his leadership and he has constantly sought and listened to advice.  This is not an obituary, for as you would expect of the man, Max has agreed to be ever present during my tenure as chair, as wise counsel. He will now take over as head of his chambers and no doubt drive them forwards with all the energy and brilliance he has given to the CBA.



The fourth QASA consultation is upon us which you can read HERE. Responses are due in by 9th October. We have not been slow to react and an initial draft response is available HERE. Despite promises to the contrary, the scheme as currently drafted seeks to embed Plea Only Advocates, allows advocates and litigators to grade cases by negotiation, introduce Silks into the system and much more which we do not believe protect the public in the way that a properly drafted quality assurance scheme should. We want to hear your views, so we have created a discussion forum within the Members’ Area of the website where you can have your say HERE.



Lord Justice Hooper retires this month and many of our beloved Old Bailey judges have either retired or are about to, they include HHJs Roberts, Hawkins, Paget, Stephens and Forrester. Very many of us think they deserve a proper send off for all they have done. We have organised a black tie dinner at Stationers Hall for 28th September. Tickets available from the CBA at £100 a head. The capacity is 200 and we advise booking early as we anticipate this event will be oversubscribed.



The CBA is proud to announce the launch of our new Bursary Award Scheme. Bursaries available will include significant financial assistance (up to £5000) and subscriptions to leading legal publications. The award will be means tested – it is designed to assist those CBA members under 3 years call, currently in independent practise, from financially disadvantaged backgrounds. The competition details will be published at the beginning of August; an application form, requiring details of background and means and a reference from the Applicant’s Head of Chambers (or pupil supervisor) should be submitted by the 7th September. The 10 most deserving applicants will be invited to compete in an advocacy competition to be held in October, judged by the Chairman of the CBA. The awards will be presented at the Old Bailey after the Ann Goddard Memorial Lecture (on 13th November). The awards will gain publicity in leading legal publications, the CBA website and CBQ. Further details will go out in next week’s Round-Up.



Elevation to judicial office, retirement and resignation has opened up positions on the executive committee. In September we will hold elections for four positions 2 Queens Counsel and 2 under 7 years call. Can you please be ready with nominations come September 1st.



As you know, the CBA has recently overhauled the website, and is in the process of updating the membership list. Part of that process involves collecting members’ subscriptions by Direct Debit in future. Many criminal practitioners think that they are members of the CBA, when in fact they are not. If you have completed a Direct Debit mandate, you will have received your log-in details enabling you to access the Members’ Area of the CBA website, and you are definitely a member of the CBA. If you have not received a log-in, you are not a member, even though you may think you are (because you have been in the past). If you are not sure whether you are a current member or not, please email Aaron Dolan: [email protected] and he will be able to tell you whether your membership is current or not, and send you a membership form and DD mandate. If you know you are not a member and want to join, copies of those forms are to be found HERE.


As well as updating our procedures, we are making organisational and structural changes to the CBA. Membership of the Executive Committee is being looked at, and we are establishing a network of chambers representatives – one in each set of criminal chambers in the country – a CBA member who will act as a focal point for dissemination of material from, and the upward communication of material to, the CBA in London. That person will work with the established network of Circuit representatives, and form an important link between London and you, the troops in the trenches. We seek volunteers to take on this role. Please have a discussion within the Criminal Team in your chambers and put forward an individual. An email will go out shortly to all heads of chambers inviting a nominee from every chamber by September 1. Nominations to Aaron Dolan at the address above. There are difficult times ahead, and it is important that we are not only united, but organised as well.



It is possible that all recorders may qualify for backdated pensions or compensation in lieu.

Members of the CBA need to investigate and apply urgently and may wish to consider joining as interveners in ongoing proceedings.

Dermod O’Brien, QC, a retired recorder, successfully sued the MoJ and obtained judgement entitling judicial part-timers to pensions.

Potentially, the pensions or compensation in lieu could amount to 35% of all lifetime earnings as a recorder.

The solicitor acting for many applicants is Paul Housego, he has provided a synopsis of an intervening action against the MoJ’s attempts to avoid which you can read HERE

So far, very few criminal recorders seem aware of the moves to grant pensions. Fewer still have applied to make a judicial pensions claim.

Immigration judges seem to be the most numerous applicants

Paul Housego is at Beers LLP of 2 Ensign House, Parkway Court, Longbridge Road, Plymouth, Devon PL6 8LR (Tel 01752 246000)



Triennial Reviews of LSB and OLC published

The report of the Triennial Reviews of the Legal Services Board and the Office for Legal Complaints is now published and available on the Justice website


Health Support and Advice for the Bar – LawCare:

LawCare provides an independent and confidential service which assists members of the Law Societies of England and Wales, Scotland, Northern Ireland, Ireland and the Isle of Man; the Institute of Legal Executives; the Bar Councils of England and Wales, the Republic of Ireland, and Northern Ireland; the Faculty of Advocates in Scotland; the Department of Justice; the Institute of Barristers Clerks; and the National Association of Paralegals.  This is a confidential advisory service to help lawyers, their immediate families and their support staff to deal with the health issues and related emotional difficulties that can result from a stressful career as a lawyer, or working with lawyers. LawCare is there to support and assist you, too.  

LawCare offers you the opportunity to discuss problems that are interfering with, or have the potential to interfere with, your work performance and / or your family life and to seek to help in resolving these problems.

Through LawCare, help is available to those who are suffering from stress and/or depression, or who have alcohol, drug or other dependency concerns, or eating disorders.


There is a helpline which is open 365 days a year:-

9am – 7.30pm, Monday to Friday

10am – 4pm Saturday, Sunday and UK Bank Holidays

0800 018 4299

Further details can be found on the website here

Follow the chairman on twitter:




CBA Events:

The Autumn program will be announced shortly!


The Kalisher Essay Competition 2012

 The Criminal Bar Association Of England & Wales & The Kalisher Scholarship Trust Present:

The Kalisher Essay Competition 2012

1st Prize – £5,000 2nd Prize – £2,000


“Is there an imbalance in the extradition arrangements between the UK and US? If so, how might the rights of UK citizens be better protected?”


Entry Conditions

  • Maximum word length is 2,000 words on above topic (exc. reasonable footnotes)
  • Prize is open to all pupils in criminal sets in England and Wales
  • Pupils must be sponsored by their chambers to enter at a cost of £100 per pupil with no limit on entries.
  • Cheques to be made out to the Kalisher Scholarship
  • Chambers must indicate an intention to compete for the prize and provide sponsorship by Friday 29th July
  • Essays (showing an alias) must be sent  electronically to the Secretary by 1600 Friday 6thAugust
  • Prizes will be awarded by this year’s speaker at the Kalisher Lecture in October


All enquiries regarding entry to be made to:

Max Hardy

Secretary to the Kalisher Scholarship

Email: [email protected]


Other News:     







Criminal Law Week – updates (issue 29)

Key updates from this week’s issue of Criminal Law Week:


Hearsay – whether a witness statement is admissible under section 116 of the Criminal Justice Act 2003 where an action of the party seeking to adduce the evidence is an effective, but not the only, cause of the witness’s absence:  R. v. Rowley, C.A. (CLW/12/29/1).


Wasted costs – whether an order for wasted costs will automatically follow where an advocate accepts instructions in two cases in geographically distant locations and a hold-up in the first case means the advocate fails to turn up to the second:  R. v. Henrys Solicitors, C.A. (CLW/12/29/3).


Sex offender notification requirements – new secondary legislation amending existing notification requirements and amending the Sexual Offences Act 2003 to introduce a new scheme for applications for review of indefinite notification requirements:  S.I. 2012 Nos 1876 & 1883 (CLW/12/29/8 & 9).


Proceeds of crime (civil recovery) – Supreme Court rules on whether Part 5 of the Proceeds of Crime Act 2002 has effect in relation to property outside England and Wales, and as to whether an information notice may be served on persons outside the jurisdiction:  Serious Organised Crime Agency v. Perry and othersSame v. Same (No. 2) (CLW/12/29/2).


Counter-Terrorism Act 2008 – new order brings section 27 (meaning of “terrorism offence”) into force on July 26 (remedying omission in earlier order):  S.I. 2012 No. 1966 (CLW/12/29/5).




International News & Events

For the latest upcoming international Events and opportunities click here


What makes a good witness? Presenting evidence in the courtroom.

Visually-recorded evidence in chief is thought to produce the most comprehensive and accurate record of the interview process and be best evidence.  But is this really the case? We are currently conducting a research project examining views from criminal justice professionals regarding the issue of the medium in which evidence in chief is presented. A topic that has driven interesting debate nationally. The research concerns three inter-related areas; (i) your views regarding your perceptions of witness testimony and certain terms that are often used when determining its credence, (ii) your views on the way the police gather information and how this impacts on witness evidence in chief, and (iii) your perceptions of the medium in which evidence in chief is presented in the courtroom. As part of the on-going research we would be grateful if you could take some of your valuable time to complete the questionnaire using the link provided below. It should take about 15 minutes to complete and participation is anonymous. If you would like to discuss this further or for any other information relating to the research and for related publications on these issues please contact either Jemma Hodgkins, [email protected] or Dr Rebecca Milne, Reader in Forensic Psychology, Director of the Centre of Forensic Interviewing, Institute of Criminal Justice Studies, University of Portsmouth. [email protected] or on (+44) 2392 843 927. Thank you for your assistance.


Other Events:       

Science and Justice Conference: The Criminal Court

Guy’s Hospital, London Bridge, London SE1, Robens Suite

For further details and to register your attendance please contact Lesley Nott, BAFS Administration on: [email protected]

Please visit the BAFS website  for more information


The Slynn Foundation are delighted that The RT Hon the Lord Phillips of Worth Matravers KG, who will retire as President of the UK Supreme Court in September, has agreed to deliver the 10th Slynn Foundation Lecture on Monday 12 November 2012. More details will follow but please note the date.


AWB Dinner

A date for your diary – the Association of Women Barristers will be holding their annual dinner in Manchester on 25th October 2012, with Lady Hale as the keynote speaker.  Further details to follow.

View more news