[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. CBA members have collectively engaged in ongoing action in relation to Crown Court work.

Members refused to cover each others work, increasing into one week in court, the other week out of court, & more recently evolved into indefinite ongoing industrial action.

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.
theguardian.com/uk-news/2022/s… When I think of 'justice', I think about acquitting the innocent, and convicting the guilty. As a society, we must be sure when we lock the door and throw away the key.

[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 Background to the Criminal Legal Aid Review

https://twitter.com/sdavieslaw/status/1471038758334173184

[Thread] Criminal Legal Aid Review | Barristers | Solicitors | Industrial Action

‘Divide and Conquer vs Unity’

In light of the upcoming industrial action by the Criminal Bar, here’s my two pence worth as to what I think/hope will happen… The publicly funded defence profession is at war with the Government. However, there’s also battles involving representatives bodies, regulators and the judiciary.

Regrettably, the profession is at war with itself.

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… The starting point is to consider the Independent Review of Criminal Legal Aid by Sir Christopher Bellamy QC that was published in December 2021. You can read my analysis of that report here:

https://twitter.com/sdavieslaw/status/1471577501554065415

[Thread] The Govt’s Response to the Criminal Legal Aid Independent Review (Ministry of Justice, CP 645, 15 March 2022) available here: assets.publishing.service.gov.uk/government/upl…
Read on for my analysis:

https://twitter.com/sdavieslaw/status/1471577501554065415

The headline claim by the @MoJGovUK and @DominicRaab is that they accept Sir Christopher Bellamy QC’s recommendation of a 15% uplift each year.

The Govt response is a masterclass in deception. “In the real world” their response does not hold water….

[Thread] Independent Review of Criminal Legal Aid (15 December 2021)

Following on from the background to CLAR, the eagerly anticipated and long over due independent review of publicly funded criminal defence has finally been published…

Report: assets.publishing.service.gov.uk/government/upl…

https://twitter.com/sdavieslaw/status/1471038758334173184

Sir Christopher recommends an immediate injection of at least £135m into criminal legal aid

[Thread] Background to the Criminal Legal Aid Review (CLAR) (10 December 2018 - 15 December 2021) CLAR is arguably the largest review of criminal legal aid since 2006 following Lord Carter’s “Market Based Approach to Reform.”

Publicly announced on 10 December 2018, CLAR was set up with two main outcomes:

[Thread] The Lord Chancellor, Secretary of State for Justice, and Deputy Prime Minister @DominicRaab has given oral evidence before @CommonsJustice.

Here's a summary: @meaglemp: constitutional issues (judiciary and rule of law) re: Lord Chancellor and Deputy PM?

@DominicRaab: I would be careful to guard against that risk. The upside for judiciary is considerable. Feedback is that they feel comfortable with the arrangement.

[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... "This funding will help to improve waiting times for victims of crime and start to reduce Crown Court backlogs caused by the pandemic from 60,000 today down to 53,000” - HM Government, Autumn Budget and Spending Review 2021 (HC 822, 27 October 2021)

The Westminster Commission is launched at the Palace of Westminster.

https://twitter.com/sdavieslaw/status/1450386703949209600

@JamesDalyMP states legal aid is not a charity; it’s a business. But that difficult decisions must be made. It cannot have unlimited funds.

People must be properly remunerated. We must encourage people into the profession.

[Thread] The Westminster Commission on Legal Aid, Inquiry Into The Sustainability and Recovery of the Legal Aid Sector (19 October 2021) @APPGLegalAid @WeAreLAPG “We, as MPs from a number of different parties, share a common commitment to making our justice system work for everyone, regardless of means.”

“...possibly the most comprehensive and in-depth look into the condition of legal aid yet undertaken.”

@KarenPBuckMP @JamesDalyMP

[Thread]

Flexible / Extended / COVID Operating Hours

It all started with a blog by the former CEO of HMCTS, @SusanAclandHood who tweeted and shared her blogs via @CEOofHMCTS. "As part of our programme of reform, we are also looking at options to use court and tribunal buildings in a more flexible way, letting people have their cases heard outside the current traditional 10am to 4:30pm court day." - SAH, 21 July 2017

insidehmcts.blog.gov.uk/2017/07/21/ens…

. @TheCriminalBar response to the Independent Criminal Legal Aid Review (CLAR)

criminalbar.com/wp-content/upl…

“...the criminal bar is not viable...” The CBA propose a number of very good ideas to make the future viable for advocates in the criminal courts.

[Thread] The @lccsa has responded to the @MoJGovUK’s Independent Criminal Legal Aid Review (CLAR).

You can read their (very good) response here:

lccsa.org.uk/wp-content/upl…

Here’s some highlights... Pre charge delay (RUI) has plagued the profession since April 2017.

Suspects are now in legal limbo, & could wait 2-3 years before they are charged.

From a criminal legal aid perspective, that is a cash flow nightmare.

There is evidence of murder & rape suspects RUI for years.

(Thread) The Govt are increasing the Custody Time Limits (CTL) for those remanded in custody from 6m to 8m. This means innocent people could spend 8m, and probably longer, in prison without a trial.
gov.uk/government/new… Many of those remanded at the beginning of lockdown will be looking at 2021 before they have a trial in the Crown Court. The prison estate has remained closed to lawyers since March, resulting in limited interaction via video links - unsurprisingly demand outweighs availability.

[THREAD] Delighted to chat with @JudgeRinderTV earlier today on @bbc5live about the problems within the criminal justice system from a @YLALawyers perspective - featuring @TheCriminalBar & @daniellejmanson. Here's the link: bbc.co.uk/radio/player/b…. Now for @TheLawSociety facts...

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The FACT is, since 2010/2011 and come 2019/2020, the Ministry of Justice budget will have been cut by 40%. Just think about that for a second. A 40% cut!!! See this wonderful article outlining the crisis...the full blown emergency:

legalvoice.org.uk/crisis-full-bl…