Issue 263  15th October 2022

... The criminal justice system sits on the cliff edge. As barristers who have committed our lives to the public service of defending and prosecuting in criminal cases, we have been shabbily treated in the past by government. We are hoping for a new relationship with government and hope treatment will not be shabby moving forwards. Without sufficient barristers to prosecute and defend cases, victims not only will not see justice delivered but also will not hear verdicts and sentences pronounced, nor touch closure. And the meetings last week also showed how stressed we have become as a profession...

The result of the ballot on the offer made by Government is: “Do you accept the offer from the MOJ as set out in the accompanying proposal document and therefore vote to suspend the action?”

• Yes – 1488 (57.12%)
• No – 1117 (42.88%)
• Total Votes – 2605

Therefore, the action is suspended from 17.00hrs this evening. The Criminal Bar has voted to accept the proposal made by the Government.

The Law Society has responded to today's settlement of the criminal bar dispute by reminding ministers that the legal aid rates dispute is not over - and by threatening to urge members to shun the work if the government fails to bridge the funding gap between solicitors and barristers... Lord chancellor and justice secretary Brandon Lewis said he was ‘glad that barristers have agreed to return to work’. However, in its response statement, the solicitors' representative said the dispute is far from over.

The Law Society has long argued that the government’s reform package represents an overall 9% increase for solicitors. Of the extra £54m being offered under the deal to the criminal bar, £19m will be earmarked for solicitors and further uplifts will be announced later this year. The Ministry of Justice says solicitors will also benefit from an annual £5m uplift for youth court fees. However, the Society said the further investment is mainly a one-off and does not raise rates in the long term, so solicitors have well below the 15% increase that barristers are receiving.

Magistrates could get powers to jail criminals for longer under plans by ministers to clear backlogs and reduce trial delays for victims. The shake-up being considered by Brandon Lewis, the Justice Secretary, could double the jail terms that magistrates can impose from the current maximum of one year to two years. It would enable JPs to try more serious offences of assault, drug-dealing, affray, fraud and theft without having to send them to the clogged crown courts...

Ministers are planning to update Britain’s 650-year-old treason laws so they can be used to prosecute jihadis, hackers and other “malign” actors who swear allegiance to a hostile foreign power. Proposals being drawn up by the Home Office would make it an offence to aid a state or organisation that is attacking or preparing to attack the UK or UK forces in an armed conflict. It would apply to anybody in the UK or the actions of British citizens anywhere in the world.

Those convicted of treason would face a life sentence. Government sources said that an amendment updating the 1351 Treason Act could be added to the national security bill, which is going through parliament. A separate piece of legislation is also being considered.

Officials working for HM Courts and Tribunals Service have confirmed nine days of strike action later this month in protest at the rollout of the unpopular Common Platform IT system. Industrial action by legal advisers and court associates across England and Wales had been planned for last month but was postponed because of the period of national mourning following the death of the Queen. Last month’s strike action was due to affect 55 magistrates courts, family courts and county courts. The PCS union said members who are officials at a further 10 justice centres had now voted to strike over concerns with the rollout of Common Platform and would be joining this month’s action.

Common Platform allows parties including the judiciary, solicitors and barristers, the Crown Prosecution Service and court staff to access case information. But PCS says stress and anxiety levels among officials has gone “through the roof” since the system’s introduction. It says the action – which will run from 22 to 30 October – is designed to highlight the need for dialogue with HMCTS management over Common Platform’s  negative impact on members’ health, safety and welfare.