Issue 247  18th June 2022

The criminal justice system could come to a crippling halt in weeks as barristers decide whether to escalate action over legal aid by not turning up to court. Since April hundreds of barristers have adopted ‘no returns’ in response to the government’s refusal to uplift their fees by 25% as well as other changes. They are now being asked whether they want to step up their action.

Over the weekend, the Criminal Bar Association opened a second ballot on whether and how to escalate the action, giving members three options to choose from. The first option is to end the action. The second option is refusing to take on new cases under the advocates graduated fee scheme (AGFS) as well as not accepting returned cases. The third option is so-called 'days of action' for AGFS cases only. The action would apply to defence advocates and instructions. If the majority of barristers opt for days of action, the court walkouts would start with two ‘days of action’ starting on Monday 27 June, escalating each week with an additional day, resulting in a five-day walkout on the week commencing Monday 18 July.

The government has revealed that it hopes to lay secondary legislation shortly that would see criminal legal aid fees increase by the end of September. Justice minister James Cartlidge told the Gazette this afternoon that the Ministry of Justice’s 12-week consultation on a £135m reform package received 204 responses. 'We have been working around the clock to consider the responses but, if the remaining analysis follows the feedback we have considered so far, then I can confirm we would lay a statutory instrument in parliament before 21 July, to begin the process of implementing increases to fees to come into effect by the end of September,’ he said...

The minister’s statement comes two days before a Criminal Bar Association ballot on further action, which could see an escalating number of court walkouts this summer, closes...

Rape victims will receive enhanced support at 3 Crown Courts under a new pilot scheme launched by the government today (16 June 2022) as part of efforts to drive up prosecutions and convictions.

All court staff, police and prosecutors working on cases will receive specialist trauma training, and expert at-court support, such as Independent Sexual Violence Advisors, will be available for victims. Working closely with the police, CPS and judiciary, the government will use any learning from the pilots to complement ongoing efforts to tackle the backlog and increase the volume and speed of cases going through the system. It follows a recommendation made by inspectors and the Justice Select Committee for specialist courts to be set up to deal with sexual violence cases. Leeds, Newcastle and Snaresbrook (London) Crown Courts have been chosen as they are currently dealing with a higher-than-average number of sex offence cases. Courtrooms will also be equipped with new video technology and be able to take advantage of the rapid rollout of pre-recorded cross-examination for victims of rape. This spares victims, subject to a successful application to the court, the stress of giving evidence during a live trial and has already been introduced at 37 courts...

As part of a package of prison reforms announced today (14 June 2022), which also includes a £25million investment in security measures, selected offenders’ release will be brought forward by up to 48 hours to stop them lapsing immediately back towards a life of crime.

Figures show that around 1 in 3 offenders currently leave prison on a Friday – giving them just a few short hours to arrange a bed for the night, register with a GP and sign-up for job support to keep them on the straight and narrow before services shut down for the weekend. This race against the clock can end up with ex-offenders spending their first days on the streets with little in the way of support – increasing the likelihood they will commit further crimes. Under plans announced today by Prisons Minister Victoria Atkins, offenders with severe mental health needs or addiction problems, or who have mobility problems, likely to end up homeless or who have far to travel home, will be released on the Wednesday or Thursday before their Friday release date, with strict security screenings in place.

Prison leavers will be ordered to wear a sobriety tag, which monitors alcohol levels in sweat, if their probation officer thinks they could reoffend when drinking. This will help probation officers keep a closer eye on offenders’ behaviour and support them to turn their backs on crime.

Alcohol is believed to play a part in 39 percent of violent crime in the UK and roughly 20 percent of offenders supervised by the Probation Service are identified as having drinking issues. The tags also give offenders the incentive to break bad habits as breaching the alcohol restrictions could see them back in prison. Today’s launch follows the rollout of the scheme in Wales last year. Figures show that offenders on a tag have stuck to their alcohol restrictions on 97 percent of time, helping to cut crime and protecting the public.