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Weekly Round Up 30.03.12

CBA News:

Chairman’s Update:

Today is Silks Day. Let us pause to recognise the excellence and achievement of the lucky few who are appointed today, wish them every good fortune in silk, and hope that we can prevail in our battle to preserve an independent Bar at which they may enjoy many happy years.

The CBA Symposium on CPS Paperless Trials attracted a very large crowd at Church House on Tuesday. Read my speech HERE.I attended the AGM of the FDA in Loughborough on Wednesday; the union for top civil servants, namely CPS lawyers and Crown Advocates. Read my speechHERE. I am delighted to report that FDA members nationwide spoke in support of the criminal Bar, and demonstrated complete understanding of and sympathy with the challenges we face. There are many issues on which the CBA and FDA can find common cause. I am very grateful for their invitation and warm welcome. More to follow on this, I am sure.

The Evening Standard campaign on needless legal aid expenditure on very wealthy defendants continues. Read the latest HERE. The Bar Council has published new and welcome guidance on referral arrangements this week. Read it HERE. The standard form letters received by many sets from solicitors demanding free advocacy in the Magistrates in return for instructions in the Crown Court are wrong, and breach the Code of Conduct. Referral arrangements must cease.

QASA is coming, but in much slower time than we feared. There will be no staged rollout commencing 1st April. We have stood firm on this, and have prevailed. QASA will be subject to a further 12 week consultation commencing in June or July, and will be implemented after evaluation and in stages over the next 18 months to 2 years. Judicial evaluation will be a must for all, including all solicitors. Plea Only Advocates remain as an important issue with which we have to grabble, the consultation and staged implementation is designed to get to the bottom, once and for all, of how many POA’s are out there. Therefore, whilst they may have a temporary place within the initial scheme, it must be our resolve to ensure that they either train up in order to become full trial advocates, or disappear from the scheme at the end of the two year implantation. The criminal Bar retains the right to step away from the final scheme, should it fail to enshrine our well- publicised core principles. This is a way forward. We should see how it develops. This is our opportunity to drive standards up in every criminal court. We should take this opportunity.

The CBA Survey demonstrated that the vast majority of respondents no longer regard rates of remuneration as fair for prosecution or defence work. Moreover, an overwhelming majority indicate willingness to take direct lawful action on key issues. I am considering all of this with other Leaders, and shall have more to say soon. The Vice Chairman and I were privileged to spend time with Lord Jeremy Hutchinson, founder and first CBA Chair, this week. He has lost none of the style and dedication to principle for which he was famous at the Bar. It is an honour to try to follow his example.


Leeds Crown Court Early Guilty Plea Scheme – Listing Policy:

Read the policy note prepared by HHJ Peter Collier QC, The Recorder of Leeds here


Website Update:

The CBA website will be down on Monday 2 April and Tuesday 3 April whilst required security measures are installed. These measures are essential in order to facilitate the new online booking procedure as well as the online purchases of our educational lectures.



As you may recall, Ed Vickers and Aaron Dolan met with Philip Bristow of Vector Professions Finance (a Bar Council Service Partner) and negotiated a deal for CBA Members who take out loans in the coming months. Vector will waive their fees (£120 including bank TT fees) for any CBA members applying before 31st August 2012 (to cover July tax payments). The application is straightforward – application form, full aged debt and last 12 months gross receipts – and transfer of money can be completed within a week. You need to quote reference BAR 888. Contact Philip Bristow at [email protected] ; for more information, the link is here. This offer also applies to FLBA members.


Discounts on Laptops, Computers and Other Electrical Equipment:

Following the CBA Paperless Trials Seminar at Church House on 27 March 2012, the Bar Council would like to remind you that if you are looking for discounts on IT equipment, preferential prices are available to members of the Bar through Kelway, the Bar’s Service Partner for complete IT solutions.

Also, the member benefits portal Xexec, provides discounts with Apple, Comet, Currys and PC World.


For further information, please contact Steve Harman at Kelway on 020 7791 6760 or [email protected], alternatively contact Member Services at the Bar Council on 020 7611 1329 or [email protected].



Recent Consultation Responses:

Response to the Triennial Review by the Ministry of Justice of the Legal Services Board


Follow the chairman on twitter!/TheCriminalBar


CBA Events:

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.


CBA Annual Dinner

Friday 18th May 2012

Middle Temple Hall, Middle Temple, London

Guest Speaker – The Hon Mr Justice Calvert-Smith

For further information and to book please contact Aaron Dolan

Early booking is advised


Half a Century of Crime: A Valedictory Summing Up

A lecture by the Right Honourable Lord Justice Hooper

Inner Temple Hall

Monday 18 June 2012 – 6.30pm

Followed by a Drinks a Reception

The CBA have been allocated 50 places in total to attend the lecture.

If you wish to take this very kind offer up, please be sure that you are able to make the lecture and then book with me, I will then pass the details to the Inn.

Further information can be found here


Other News:

CPS T3 Project

Crimeline update:
You will be aware that the T3 project is gaining momentum, and to that end you may find the following documents of interest. The first is a newly updated FAQ document; this is more recent that the one sent out by many CPS areas only a couple of days ago.
Read it here
Of more interest however is a revised Prison Service Instruction which deals with bringing electronic devices into prison/court cells. This is a very important document and you are advised to read it and circulate widely.
Read it here
Funding changes, designed to better support T3 working take effect from 1 April 2012, read about them here:

Criminal Law Week – updates (issue 13)

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

Abuse of process – whether a subsequent change in prosecution policy was grounds for interfering with an earlier conviction (for perverting the course of justice) of a rape victim for her retraction of truthful allegations against her husband: R. v. A., C.A. (CLW/12/13/1).

Euthanasia – whether it is arguable that defence of necessity could avail a doctor terminating life or that the current law of murder and assisted suicide is incompatible with Article 8 of the European Convention on Human Rights: Nicklinson v. Ministry of Justice, Q.B.D. (CLW/12/13/5).

Hearsay – the Court of Appeal gives guidance on the application of section 120 of the Criminal Justice Act 2003 (previous consistent statements of witnesses): R. v. Chinn, C.A. (CLW/12/13/2).

Police powers – European Court of Human Rights rules on the lawfulness of kettling: Austin and others v. United Kingdom(CLW/12/13/6).


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.


Criminal Cases Review Commission – Commissioners


£93,796 pro rata – full or part time – up to four posts

Full details and to apply for these roles are available here


Other Events:

South Eastern Circuit Keble Course:

The 2012 South Eastern Circuit Bar Mess Foundation Advanced International Advocacy Course at Keble College, Oxford will take place from Monday 27 August 2012 (please note that this is a bank holiday), until Saturday 1 September 2012. Participants must attend each day of the course. The aim of this course is to encourage and develop the highest standards of advocacy amongst practitioners. The course is the most demanding and intensive of any advocacy course in the UK and was described by a former presiding judge of the Circuit as the “Best Advanced Course in the UK”.

Although the Circuit application process will not open until 2nd April 2012, if you wish to apply for a scholarship to attend this course from one of the Inns, the deadline for submissions is 14 March for Lincoln’s Inn and 15 March for Inner Temple, Middle Temple and Gray’s Inn.

To qualify for the course, you must join the Circuit and for further information regarding the course and the scholarships available, please visit the South Eastern Circuit website by clicking here


2012 Queen Mary Criminal Justice Centre Lecture

Eurojust: challenges in cross-border judicial co-operation

School of Law, Queen Mary, University of London

The lecture will take place on Monday 2 April at 6.00pm in the Council Chamber, Institute of Advanced Legal Studies (IALS), 17 Russell Square, London WC1B 5DR.

A drinks reception will follow the event and all attendees are welcome to join Criminal Justice Centre academics and School of Law students to discuss the lecture further.

Further information and booking procedures can be found here


Criminal Appeal Lawyers Association Conference

Miscarriage of Justice, who cares?

Saturday, April 21st, 2012

10 am to 4pm

MIC Hotel and Conference Centre, 81-103 Euston Street, London, NW1 2EZ

10 am to 4pm

Further information and booking procedures can be found here


Exploitation of Prostitution: the Challenges for the Criminal Justice System

The AWB Committee invites you to attend:


6.00pm – 7.30PM

Held at the conference suite at CPS HQ, Rose Court, 2 Southwark Bridge, London SE1 9HS

Further information and booking procedures can be found here


UIA – Training session, Paris (France)

April 26 & 27, 2012

Further information and booking procedures 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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