[Thread] The Ministry of Justice's offer to the Criminal Bar Association (CBA) of England & Wales.
In this thread I outline the complex background & policy.
I have concluded the offer on the table is a dud & ought to be rejected. Solicitors should join the bar in taking action.
I love Jess Phillips MP. She is everything I want an MP to be doing and saying amongst all the usual political chaos. You cannot go wrong with honesty, integrity and doing so with utter conviction.
Today I asked the question in parliament about how do we end Brexit if a hung parliament is returned. I got no answer. The general election is a front get ready for politicians to say your votes mean what ever they want it to mean.
I am fed up. Legal aid is not sustainable financially or mentally. I love what I do, & I truly believe in everything that legal aid should & could be. But I also believe it's done for. It's abusive in the sense the system relies on good will; I'm afraid good will is running out.
We’re finding it difficult to make the streets safer as many suspects are RUI for years, and trials take about 5 years since arrest👇🏻
👮♀️We closed 600 police stations since 2010
🎯 We cut the police by 21,000
🇬🇧 We do not prioritise the criminal justice system. We savage it.
We're getting on with our pledge to make our streets safer 👇🏽
👮♂️ We've recruited nearly 9,000 more police officers so far.
🎯 We're on track to reach our 20,000 target.
🇬🇧 We're delivering on the people's priorities.
I am absolutely livid listening to
@BorisJohnson
blame defence lawyers for the delays in the system. The PM is a liar. His Govt caused this mess. My colleagues are the ones showing good will to pick up the pieces.
If Raab wants to bring in scorecards for the CJS let me kick this one off
Highbury’s lift is still broken 0/10
Serco have produced my client at the wrong court 0/10
It’s 12 noon & I have no prosecution papers 0/10
Temptations cafe - flat white, bacon & egg croissant 10/10
In Oct '19, I was spat on by a group of males on the underground. I was swabbed, & I even typed my own witness statement soon after. Today I found out nothing has been done. The police failed in ascertaining CCTV & haven't bothered to send swabs to forensics. The system is broke.
The biggest problem working in the criminal ‘justice’ system is caring about it. I think it’s possible to care to the extent that it makes you genuinely unwell. Trying to do the right thing in a system that is so broken is quite literally impossible. This is the harsh reality.
I welcome the Court of Appeal's decision to overturn the convictions of 39 former sub-postmasters in the Horizon dispute, an appalling injustice which has had a devastating impact on these families for years.
Lessons should and will be learnt to ensure this never happens again.
HMP Wandsworth is one of the worst prisons I have ever experienced. My clients will tell you the same. It is simply not fit for purpose. As a society, we should judge how civilised we are to fellow human beings, by the standards of our prison estate.
Recently I lost faith in the criminal justice system when I was incorrectly advised the following in open court:
“Mr Davies, the prosecution do not have to prove all of the elements of the offence”
Would anyone like to depress me even more by sharing more howlers?
If your dog is taken, and a suspect is identified, interviewed and charged with theft, the defendant has a right to elect trial by jury in the Crown Court. This process will take about 3-5 years because the Govt created a backlog of 60,000+ cases, made worse by the pandemic.
I will say it loud and clear. There’s not enough criminal lawyers for the amount of work currently clogged up in the system, nor is there enough to deal with an influx of new work.
I salute the
@TheCriminalBar
as they take action and withdraw their good will on 11 April 2022.
I don't think the Govt appreciates the number of criminal lawyers considering quitting this job. There is a substantial number of solicitors & barristers who - on a daily basis - are fed up with the monumental levels of stress, anxiety & financial worry caused by Govt failings.
Certain cases remind me why I am a criminal defence lawyer, & why legal aid matters. This week has been full of them. It isn’t about law or procedure, it is about people. It is individual people & their families that matter the most. Liberty is not to be taken for granted.
Today I have been admitted as a Solicitor in England and Wales. I’m very fortunate to have incredible support from family, friends and colleagues alike. Thank you to all of you, particularly
@TuckersLaw
for making it happen!
Every single expert on criminal justice policy worth their salt has highlighted the crisis that is our criminal justice system. Yet the Lord Chancellor thinks he knows best. Incompetent political decisions have dire consequences for the public.
A junior barrister has published their earnings. It represents the harsh reality. If we don’t act now, we risk losing this excellent barrister and many others.
Find me a professional in any court in England & Wales who isn’t unhappy at the current state of play. Seriously folks, we cannot operate at this intensity without a breather. It is mentally and physically exhausting. Burnout for all. We should say no, and look out for each other
My day has only just finished. I advise young vulnerable clients at the police station so that I can survive in central London. My salary only just covers my rent, bills and travel. I love what I do. But this is surviving not living. Criminal legal aid is a crisis
[Thread] Why are publicly funded defence barristers going on strike?
This thread is everything you need to know about the issues affecting criminal legal aid barristers and solicitors.
@TheCriminalBar
BREAKING:
@TheCriminalBar
of England and Wales has announced industrial action. The Criminal Bar has voted to continue with 'No Returns', refuse new instructions and engage in days of action. This is highly likely to bring the Crown Courts to a halt.
[THREAD] Dear
@lucyfrazermp
, 8 months, I submitted my third law degree, bringing an end to a 6 year period of university, costing approx £60,000. I've researched criminal law & criminal legal aid for about 9 years. I currently work in criminal legal aid.
The Govt caused the delay and they decided to lie about it by suggesting it was caused by the pandemic. The courts are gridlocked - the entire criminal justice system is broken.
Disclosure is a daily battle in the Magistrates' Court.
I don't care how many reports they publish on the subject, it's all superfluous if the process is not done in a "thinking manner"
It's not even complex disclosure either; it's the basics.
Every. Single. Day.
Dear Rob
In 10/18, Aylesbury CC had a backlog of 251 cases. In 03/20, the backlog increased to 550 cases.
The idea that it built up during the pandemic is not true, is it? It was caused by courts physically closing, & restriction on sitting days, wasn't it?
@BarristerSecret
Excellent news to help clear the backlog of cases that built up during the pandemic. Aylesbury Crown Court has led the way in returning to normal, and I'm pleased to see this announcement from
@jcartlidgemp
which will make a big difference to victims of crime.
The Govt slashed the CPS and legal aid budget. The Govt then created a substantial backlog prior to the pandemic, made worse by the pandemic.
Lawyers have left the profession. Others have too much work
And now the State is struggling to prosecute serious sexual offences
The Justice Minister
@jcartlidgemp
has lied on
@BBCNewsnight
.
The former Justice Minister stated they’ve put £74m into criminal legal aid 2018-20.
This is a lie.
@Afzal4Gorton
’s written question in HANSARD addressed this topic. Who answered it? …
@jcartlidgemp
“I had sleepless nights as a minister”
Former Tory Justice Minister
@jcartlidgemp
tells
#Newsnight
the criminal justice system is coming to a halt and the real victims will be rape victims and people in custody
Crime. The basics.
In the last few weeks, I’ve experienced:
1. The Court adjourning a trial the week before the trial date & not informing anyone. Everyone turned up for trial
2. My client being produced at the wrong court
3. Crown not serving evidence until the day of trial
Hello from Newcastle! I’m a Young Criminal Legal Aid Lawyer and I’m delighted to finally get a copy of ‘Stories of Law and How It’s Broken’ by
@BarristerSecret
. Thank you for shining a light on the crisis that is our criminal justice system.
#LegalAidMatters
#TheLawIsBroken
I’ve witnessed and experienced the criminal justice system radically change in the last 18 months. It is impossible to run a practice without it significantly impacting on your physical and mental health.
I’ve had two doses of burn out in the last 12 months.
This is an increasing problem. The government deliberately ran up a huge backlog in the courts in the hope that the public wouldn’t notice. Meanwhile they forced many criminal practitioners out of the profession by making the pay and conditions intolerable.
🐔➡️🏠➡️Roost.
Wow! - MUST READ.
This is a truly phonomenal article by an anonymous police officer in London. I may give this officer a hard time during pre interview disclosure, but I respect this accurate account a great deal an incredible amount.
"The job is f*****"
The diaries of criminal lawyers are completely unworkable. I am genuinely trying my best every day to make it work, and the honest truth is that the system is so dysfunctional, and it's causing havoc every single day. Government do not appear to appreciate this concept.
The backlog in the Crown Court is 58k;
@DominicRaab
&
@Dines4Dales
refuse to pass an SI that applies a % uplift to backlogged cases; it would cost circa £60m. What I want to know is what did
@MoJGovUK
do with the £240m saved during COVID? Did you lose it?
[Thread] The Backlog in the Criminal Courts
The backlog in the Crown Court is circa 70,000+
The Autumn Budget announcement claimed the backlog is caused by the pandemic.
This is a lie...
Having considered Sir Christopher Bellamy QC’s independent report on criminal legal aid, and today’s response from the Govt, I am of the view it is no where near the amount alleged. A master class in deception. The profession ought to reject it. I hope
@TheCriminalBar
take action
Nothing to see here. The
@MoJGovUK
press release is nothing new; it is the same spin and deception. They even have the audacity to quote investment figures which they know not to be true. Every solicitor and barrister should ignore this press release.
BREAKING: Government fast-tracking legislation in July to increase fees for criminal barristers & solicitors by 15%, in line with recommendations in Bellamy review --
@MoJGovUK
says it'll give extra £7,000 a year to barristers.
Shadow Lord Chancellor
@SteveReedMP
is absolutely bang on. Years of underfunding have resulted in indefinite industrial action starting today by
@TheCriminalBar
. The backlog was, as a matter of fact, substantially rising well before the pandemic it us. The system has imploded.
"The criminal justice system is absolutely broken."
Labour's Steve Reed says barristers are protesting because of the "disarray" in the system and the govt's failure to "properly fund legal aid".
#KayBurley
📺 Sky 501, Virgin 602, Freeview 233, YouTube
Reports suggest Alex Chalk KC MP is to become the new Lord Chancellor and Secretary of State for Justice. Legal aid lawyers will vividly remember Mr Chalk - a criminal barrister - doing precisely nothing for legal aid lawyers during the pandemic when he was Legal Aid Minister.
Former Legal Aid Minister
@AlexChalkChelt
MP is now the Prison Minister at
@MoJGovUK
Mr Chalk has done very little for legal aid & in my view is partly responsible for the negative trajectory of the profession, particularly March 2020 onwards
Not evening a shilling or a pence
The Lord Chancellor
@RobertBuckland
will have a lot to answer for when COVID-19 is over. LC was warned about judicial sitting days for Recorders regarding the Crown Court backlog. LC was warned about legal aid.
The collapse of criminal justice is on LC and his predecessors.
Dear
@RobertBuckland
. This is how jurors are feeling. This man, and hundreds like him, is expected to make a decision affecting someone’s liberty. How on earth can this be fair to anybody involved?
As the Govt attempts to blame
@TheCriminalBar
for the backlog in the Crown Court increasing, I would like to showcase the raw data & disprove
@MoJGovUK
Pre-pandemic baseline: 39k
Current: 58k
Data shows the backlog increasing prior to pandemic in most of the Crown Courts
Recently, the chap who runs the local coffee shop next to my local court said to me how noticeable it was that all of the lawyers are burnt out - “I can see it and it’s written all over your faces”
It resonated because I think it’s true.
A backlog of over 60k cases in the Crown Court, yet the system is literally unable to open 1/4 of the court estate - lack of advocates & judges. Even if we operated at full capacity, questions must be asked of our resilience to sustain the current environment. Burn out.
The coal face of legal aid is grim. The work is relentless. The pressure is often unbearable. I actually think it’s a dangerous environment; working to earn a living in an unsustainable system. As the system and the people start to buckle, alarm bells ring loud and clear.
I love it when you have one of those days at work when nothing goes right, and you end up ordering a 15 inch pizza and a tub of ice cream. It says "serves 4", but we all know how this situation is going to end.
Many will argue Grayling is the worst Lord Chancellor we have ever had. That said, Buckland is not far away from taking that title. It’s difficult to comprehend a former criminal barrister and Recorder doing little, if anything, to save our justice system. Goodness gracious me.
Lord Chancellor
@DominicRaab
does not appear to understand criminal vs civil.
Raab quotes “civil legal advice” in a criminal context🤷🏻♂️
He accepts criminal legal aid has not been on a sustainable footing…yet he continues to ignore the independent review / Lord Bellamy KC🤷🏻♂️
Today, one of the most senior judges in the country, the Lord Chief Justice of England and Wales, confirmed in his oral evidence before the Justice Committee that there is a shortage of criminal lawyers due to poor pay.
@CrimeSolicitors
@lccsa
@TheCriminalBar
@BarristerSecret
Q: is there a shortage of lawyers?
LCJ: there is a problem in criminal profession. Likely reason is relentless reduction of real rates in remuneration over the last 50 yrs. Law Soc did heat maps. Legal aid deserts. Increase in average age solicitors. Everything you need to know
In light of the untoward attack on accents, I hereby announce the ‘caution competition’
Whether you’re a police officer, prosecutor, defence lawyer or whoever else, I’d very much like you to share with me and the wider Twitter community, the police caution in YOUR accent.
“You daint have to say NOWT. But listen to me, RIGHT. It may harm ya shield and arma, if ye daint tell iz now. Cause the Court waint be best pleased, MATE. Anything you say now, may be uuuuused against ya. So what ya afta?”
Matt, your party closed 600 police station, 50% of courts, reduced prosecutions by circa 50%, destroyed probation, slashed the CPS, brought about RUI, and decimated legal aid.
The real consequence is the public’s inability to access justice.
I am one of the 125 Conservative MPs to back plans for a new Desecration of War Memorials Bill.
There should be real consequences and tougher sanctions for those who vandalise war memorials.
Broadcasting the Supreme Court prorogation case makes me think it would be rather interesting to broadcast every single Crown Court too. The difference would be clear by the end of day 1. It might actually shine some light on the crisis that is our justice system.
Criminal barristers have voted to indefinitely walk out of the Crown Court b/c of inadequate legal aid rates. They also received no financial support during the pandemic. Solicitors are in the same invidious position, but the leadership refuses to galvanise its members.
The Lord Chancellor
@DominicRaab
is simply wrong.
The MOJ’s own data deriving from CLAR’s data sharing agreement quite literally proves the concept of a depleting workforce of lawyers who are able to defend and prosecute
Duck, dive & deny. The Govt’s mantra
Shameful.
Mr Raab also:
- denied there is a workforce crisis with criminal lawyers/judges to take cases
- said “difficult decisions” had to be made on justice funding 2010-16 but it’s rising now
- backed short sentences and said he did not expect prison population to fall on his watch
[Thread] I’m bloody delighted to advise
@TuckersLaw
have officially offered me a training contract. I’ve always wanted to be a criminal lawyer - I’ll take great pride providing legal aid and access to justice as a Trainee Solicitor. However, there’s huge issues...
This is utter nonsense. The Justice Minister states "our modelling suggests", yet he and his Dept are yet to publish their methodology. The reality is, 15% simply isn't true. It is a lie. And it isn't good news for solicitors & barristers. He should debate
@JoSidhuQC
in public.
It’s now for certain - in July we’ll legislate to increase most criminal legal aid fees by 15%.
New rates apply from 30 Sept 2022 to schemes inc: police station; magistrates; AGFS & parts of LGFS. Good news for criminal barristers & solicitors. My stmt👇
This is a mind blowing statistic.
3 thousand applications for 246 pupillages.
...and then you’ve gotta get tenancy and if you’re at the publicly funded bar, survive on legal aid rates
🤯
More organisations offering Pupillages this year. Timetable is now same whether or not you use the gateway. Gateway stats: 2020 - 2k applicants 237 Pupillages. This year - 3000 applications for 246. Wrong for system to encourage that level of disparity.
This is one of the most extraordinary media articles with regards to criminal law and procedure. It is jaw-dropping. It is completely and utterly perverse. It is morally wrong. It is politically shambolic. It is an absolute disgrace.
BREAKING:
@TheLawSociety
(TLS) rejects the Govt’s Response to the Criminal Legal Aid Independent Review.
TLS do not believe publicly funded defence is economically viable following the Govt’s “botched response” that is “woefully inadequate”
THREAD…
Law lecturers across England and Wales are going to struggle explaining the rule of law and of course professional obligations contained therein the various Codes of Conduct.
.
@KieranMullanUK
MP suggests members of the judiciary have said to him that criminal barristers are not "professionally and proficiently managing cases"
Perhaps he would like to clarify this sensational claim?
Prisons Minister
@DamianHinds
blames
@TheCriminalBar
for increased remand times due to industrial action. Perhaps he would care to explain Released Under Investigation, restrictions on judicial sitting days, court closures & lack of advocates/judges?
How a Justice Minister (
@CPhilpOfficial
) can keep a straight face when saying 'the Crown court prior to Covid-19 was ‘low by historical standards’ is beyond me
This Govt caused the backlog. It is responsible for it. It ducks and dives. It isn't fooling me
As
@TheCriminalBar
looks to strike on Monday, it’s worth reminding ourselves what the Govt did for barristers and solicitors during the pandemic. A former criminal barrister was in charge at the time, and that was
@AlexChalkChelt
MP. What did he do? Absolutely nothing.
Criminal defence requires a rich tapestry of lawyers. It is time we stood up for ourselves. We as a profession cannot in good conscience represent people in a police station or a court, if we cannot defend the profession that represents the vulnerable.
Chambers statements are starting to flood out in support of
@TheCriminalBar
. No returns kicks in on Monday - it’s going to cause total chaos in the criminal courts. The bottom line is, it’s not 15% - we’ve been treated with contempt and it’s time to fight back.
As
@TheCriminalBar
gear up for industrial action,
@DominicRaab
claims solicitors & barristers have been offered 15%. This is factually not true - it’s a lie. The CLAR impact assessment states otherwise & that it’s based on unknown case mix in 2024/25.
A masterclass in deception.
Today, 36% of the 501 Crown Court rooms are sitting idle.
@MoJGovUK
can claim they’ve removed the cap on unlimited judicial sitting days that they once actively suppressed. But the reality is, there’s not enough judges/lawyers to service serious offences, thanks to this Govt.
@sdavieslaw
Although I wouldn’t normally mention Liverpool and Highbury in the same sentence (remember I grew up pre-Emirates), I’d be happy to accept your invitation when diary permits.
And as to CLAR, it’s an independent review so let’s wait and see.
The Victims Commissioner is blaming the Crown Prosecution Service (CPS) when it comes to rape prosecutions.
The same CPS that has had its budget cut, as have the police, courts and legal aid.
Blaming the CPS is unhelpful amid an ideology that will not adequately fund justice.
The latest CPS figures on rape prosecutions are incredibly worrying. The government’s ambition to return to 2016/17 prosecution levels feels more like a pipedream and victims will continue to be failed unless the
@CPSUK
rapidly and urgently ups the ante.
I’m one of the youngest criminal defence solicitors in England and
@TheLawSociety
are rightly stating criminal law is no longer attractive or sustainable as a career. What I want to know is this: what is going to be done about it?
⚖️ The
@lawsocgazette
covers criminal defence barristers’ direct action, which began this week.
“Criminal law is no longer an attractive career option for young solicitors or barristers… We understand why barristers have chosen to take this action”
The
@MagsAssoc
believes it is “well placed” to sentence people to 12m in prison, ie increasing their sentencing power from the current maximum which is 6m.
Well, to be perfectly honest,
@BevHiggs
I couldn’t disagree more.
You would think that
@libertyhq
would know better. This is truly shocking advice from an organisation that stands up for human rights and access to justice.
This is bad advice, plain and simple.
You should absolutely ask for the Duty Solicitor if you do not have your own.
Divided & conquered: death by a thousand cuts continues when it comes to publicly funded criminal defence. Suspending action simply means we will find ourselves in the same position in years to come without a pay review body / index linking. Junior lawyers will leave. I despair.
Utter chaos.
The Crown Court trial backlog stood at 37,000.
For every month that passes without jury trials, 1,000 are added to the backlog.
It’s all just a false economy. They’re spending billions elsewhere. This is an ideological price on justice.
The backlog in the criminal courts has exponentially risen over recent years, well before the pandemic - 2018-2020 provides a factual basis for this. The big issue for Govt is the outstanding trial backlog - Q1 of 2022 shows a rise. Don’t be fooled by the Govt spin.
.
@Laura__Farris
raises the issue of disparity of income for female & male barristers following the Independent Review of Criminal Legal Aid by Sir Christopher Bellamy QC
Raab completely fails to answer the issue. The Govt response fails to address the problem
@TheCriminalBar
The Govt have ignored the disparity of income for female vs male barristers / support for junior barristers
More investigation needed/shift the responsibility onto the profession.
What have Govt actually been doing for 4 years?
It isn’t fair.
It isn’t fair on the defendants - those accused.
It isn’t fair on the complainants - potential victims.
It isn’t fair on lawyers, court staff & police - who end up wasting time & money.
It isn’t fair on me, & it isn’t fair on you - the tax payer!
Dear
@Pauline_Latham
MP
Following the independent review on criminal legal aid by Lord Bellamy KC (Conservative Peer), published on 15 December 2021, it’s right to say that the legal aid system is on its knees and that more money is required.
That’s true isn’t it?
Legal aid is now a crisis within a crisis within a crisis. There’s been no increase in the rates since the 90s, followed by a 8.75% cut in ‘14 & several attempts to cut thereafter (‘18 for example). The ‘18 accelerated items have been grossly overestimated…
Police Station consultation rooms that close and lock, leaving lawyer unable to leave unless someone opens from the outside, are disasters waiting to happen. Emergency and non-emergency buzzers are not good enough. It will take a death for something to be done about it.
Lawyers in Scotland are taking absolutely zero nonsense in relation to legal aid and more recently, the removal of a solicitor from a court for an unknown reason.
Power to each and every lawyer who is taking a zero tolerance approach, and of course, defending the rule of law.
We have sent the letter noted on our website at to the Sheriff Clerks at Edinburgh noting the action we are taking in response to yesterday's intrusion into work being carried out by one of our representatives in the Court cells.
House of Commons, Justice Committee, Court Capacity (HC 69, 27 April 2022)
“Delays in the Crown Court have reached a point where they are causing significant injustice”
@CommonsJustice
@DrRebeccaTidy
You objectively are conflating the two as it’s impossible to earn £750 ph via legal aid. As for your other point, the state does indeed provide us with clients as it’s the state who brings about the charge. We expect adequate remuneration in line with the state. But it isn’t.
I shan’t shut up about the legal aid crisis. It’s disgustingly horrifying. I disagree that it’s a two tier system. It’s so much worse. It’s a three tier justice system. Legal aid, privately paying and the worst category is ineligible for legal aid but cannot afford private. Awful
Exclusive - Britain’s equalities watchdog is launching an official inquiry into whether legal aid cuts have left victims of discrimination barred from justice
I’m on call tonight. And it’s the same fixed fee as it was years and years and years ago when it comes to representing suspects in custody. I’m not sure this profession can take it any more when we’re being repeatedly rinsed. We are all tired of propping up the sinking ship.
History will judge
@JoSidhuQC
as someone willing to stand up & fight for the criminal legal aid profession.
“If you fight, you won’t always win. But if you don’t fight, you will always lose” - Bob Crow
Thank you, Jo.
The backlog was made worse by the pandemic, but it was not caused by it.
Every single day the criminal justice system plummets to new lows. We are currently struggling to prosecute the most serious offences.
If we want a functioning justice system, it needs adequate resources.
A friend of mine who is in his 30s is about to join the CPS. He’s a duty solicitor and a higher court advocate. He is one of many criminal defence solicitors leaving. The CPS are very lucky to have him, but it’s yet another reminder of the unsustainable nature of legal aid.
It is with sadness that we announce that Ewing Law has closed our legal aid department & will now focus on private criminal defence only.
It was a hard decision but the attack on legal aid has forced our hand. Public funding can no longer provide the service our clients deserve.
I estimate the average time spent in a police cell before the police ‘allocate’ the job to an OIC is around 12 hours, followed by average time spent in custody altogether around 18 hours. Question I have is what on earth do the police do for 12 hours?
Expeditious?
Diligence?
I think the word you are looking for is "complainant".
Language is important. Imagine being accused of a serious offence and all the jury hear is that the person making the complaint has already been deemed by the justice system and media to be a "victim".
The backlog in the criminal courts prior to the pandemic is best illustrated via the raw date published by
@MoJGovUK
. If anyone in Govt attempts to blame the backlog on practitioners on strike, take a look at the uplift between 2018-2020.
Pre pandemic: 39k
Current backlog: 58k
Re scandalous court backlog - and how it long predates Covid - I wrote this last year.
Key point: in January 2020 the average time taken for a crown court case to go from offence to completion was 525 days.
It's not about Covid, it's about cuts