The criminal justice system is “about to crack” with a record number of trials being aborted at the last minute because no one is available to prosecute them, the Criminal Bar Association (CBA) has warned.
The deal – made by Brandon Lewis during his brief stint as Justice Secretary under the Truss administration – has created a disparity of fees between defence advocates and prosecutors.
Most barristers in England and Wales are self-employed, meaning they can choose what side of the work to take.
Kirsty Brimelow KC, the chair of CBA, said prosecution barristers are “effectively striking” by refusing to take on cases for the Crown Prosecution Service (CPS) and opting for defence work instead.
“A lot of barristers are saying they’re no longer going to prosecute, because they don’t want to be in a case where they are receiving 20% less than the person who’s defending,” she told Sky News.
“The CPS is finding that they’re ringing round hundreds of chambers and they still can’t find anyone to take the case to prosecute it, and I’ve come across that myself.”
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‘The justice system is failing’
Ms Brimelow called the situation an “unprecedented crisis” that will hinder efforts to clear the crown courts backlog, which soared to record highs during the pandemic.
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“It used to be unheard of that you would have trials that would be adjourned because you cannot find a barrister to prosecute, and now it’s pretty common.
“This impacts on delays as cases are bounced back sometimes for another year. It impacts on the trauma for witness complainants and it impacts upon defendants who are saying they’re not guilty and can’t get on with their lives either.
“So all around the justice system is failing.”
Image: Kirsty Brimelow, chair of the Criminal Bar Association
The shortage is particularly being felt in rape and serious sexual assault offence cases (RASSO), which require barristers with special qualifications to prosecute.
‘Almost impossible’ to return rape trials
A senior barrister who prosecutes for the CPS said it is “becoming almost impossible” to return complex grade 4 trials “because so many grade 4s have just walked away”.
But one grade four RASSO barrister said: “Why would anyone now accept new CPS instructions? It means in 18 months time still working for already inadequate rates, can’t be done.”
Max Hill KC, the head of the CPS, has also backed calls to raise prosecution fees to address the shortage.
A government spokesperson said they are “working closely with the CPS to help make sure the criminal justice system can function effectively”.
“Spending Review settlements have been maintained and any requests for further funding will be considered by HMT in due course,” they added.
It provides a fresh headache for ministers as they come under mounting pressure to tackle the NHS crisis and wave of industrial unrest grinding the public sector to a halt.
Last month, the Ministry of Justice hailed “significant progress” since the government published its landmark rape review action plan, including a rise in rape charges and convictions.
But the CBA says while it is encouraging more cases are reaching court there has also been an “exponential rise” in RASSO trials being cancelled on the day due to a lack of staff and resources.
Official figures show that in the year to June 2022, 314 rape and serious sexual assault trials were “ineffective” – meaning they could not go ahead on the day – because of a lack of court rooms, judges, defence advocates or prosecution barristers, up from 109 in the previous year.
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Criminal barristers in England accept pay rise offer
The amount of prosecution “no-shows” were 15 times higher than the previous year and 10 times more than the yearly average for past seven years, according to the CBA analysis of the data.
Data for the most recent quarter has not been published, but the CBA say they are aware of a string of serious rape trials that were aborted last minute in December as no cover could be found for prosecution.
One example included a case in Newcastle involving a defendant in his 70s and several complainants – which has now been re-listed for July 2023.
Effect on victims and witnesses
James Oliveira-Agnew, a barrister who specialises in RASSO trials, raised concern about prosecutions being dropped if victims traumatised by long delays withdraw their support, and of unfair acquittals due to the effect of delays on witnesses’ memories.
Data from April to June 2022 suggests rape victims are already waiting an average of 1397 days – almost four years – for their cases to be complete, with the biggest increase in delay coming post charge.
Mr Oliveira-Agnew said he has cases in his diary for the middle of 2024 “because that’s the earliest time they can get things in” but there is no guarantee they will go ahead if prosecutors can’t be found.
“What we are seeing happening on the ground a lot now, which I have never seen before, is turning up on the day of the trial (defending), we will get a judge if we are lucky, the witnesses and everyone who is required but you won’t have a prosecutor.
“If you’re a complainant, and something like this has happened to you and you build up everything and you come to court on that first morning, ready to have this traumatic experience to be told it’s cancelled, it’s soul destroying.”
Mr James Oliveira-Agnew said a barrister will earn £1,600 more defending a five-day rape trial than prosecuting it “so parity of fees is vital”.
‘A break down in trust’
He said the long-term consequence of not taking action will be a break down in trust of the justice system.
“If people don’t trust the justice system, people aren’t going to report crimes because they’re not going to see the point, and people are going to commit crimes because they’re going to get away with it.”
The government has introduced a raft of measures to speed up justice for victims and improve the system since the start of the pandemic, including lifting the cap on the number of days courts can sit on and quadrupling funding for victim support services to £192m a year by 2025.
But Ms Brimelow said: “The system is about to crack and there has to be urgent action of increasing the prosecution fees so that they achieve parity with the defence.
“Otherwise, it’s a total waste of resources piling in huge amounts of money into Victim Support, when the alleged offences are never going to see the inside of a Crown Court.”
Image: Criminal barristers in England and Wales have entered an indefinite strike
A CPS spokesman said: “The criminal justice system depends on equality of arms between defence and prosecution.
“We are continuing to engage with Bar leaders regarding prosecution fees as we continue to use a mix of in-house and external advocates to meet our needs and support the provision of quality advocacy services.”
Three men and two women died in a road crash involving two cars in Co Louth on Saturday night, Irish police said.
The collision happened on the L3168 in Gibstown, Dundalk, shortly after 9pm.
Police said the five victims were all aged in their 20s and had been in the same vehicle, a Volkswagen Golf.
They were pronounced dead at the scene.
Another man, also in his 20s, was “removed” from the car and taken to Our Lady of Lourdes Hospital in Drogheda, where he was treated for “serious non-life-threatening injuries”, said Superintendent Charlie Armstrong.
The Golf was in a collision with a Toyota Land Cruiser.
A man and a woman in the second vehicle were also taken to the same hospital.
Their injuries are described as “non-life-threatening”.
‘A shocking, devastating event’
Superintendent Armstrong said an investigation into the road crash was under way, as he praised the emergency services.
He said: “The scene was very difficult, in adverse weather conditions, and the professionalism shown by all first responders and the care and respect shown to the five deceased was exemplary.
“This tragedy, with the loss of five young adults, will have a deep impact on families and local communities in Carrickmacross, Dromconrath and in Scotland.
“This is a shocking, devastating event for these families, their communities and the community here in Dundalk.”
He said family liaison officers have been appointed to each of the families and police will keep them updated.
Superintendent Armstrong urged anyone with information about the collision to contact the investigation team.
He said: “I am appealing to any person who was on the L3168 between 8.30pm and 9.15pm, last night Saturday November 15 2025, to contact the Garda investigation team.
“I am appealing to any person who might have any camera footage or images from the L3168, Gibstown area, between 8.30pm and 9.15pm last night, to give that footage or images to the investigation team at Dundalk Garda Station.”
The L3168 was closed between the N52 and the R171 as forensic experts investigated, and traffic diversions were in place.
Brazil was “a bit surprised” Britain hasn’t contributed to a new investment fund to protect tropical forests, despite having helped to design it, a senior official has told Sky News.
The Amazon nation has used its role as host of the COP30 climate talks to tout its new scheme, which it drew up with the help of countries including the UK and Indonesia.
The news came out the day before Brazil was about to launch it.
“The Brazilians were livid” about the timing, one source told Sky News.
Image: Lush rainforest and waterways in the Brazilian Amazon
Image: A waterfall in Kayapo territory in Brazil
Garo Batmanian, director-general of the Brazilian Forestry Service and coordinator of the new scheme, said: “We were expecting [Britain to pay in] because the UK was the very first one to support us.”
The so-called Tropical Forests Forever Facility (TFFF) was drawn up with the help of “very bright people from the UK”, according to Mr Batmanian.
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“So we are a bit surprised, but we expect that once internal situations get better, hopefully they will come through,” he added.
The UK’s climate envoy, Rachel Kyte, told Sky News: “The PM agreed the decision was about not doing it now, as opposed to not ever.
“We will look at the TFFF after the budget and are carefully tracking how others are investing.”
Image: Forest growing back from a fire (bottom left) and deforestation alongside healthy sections of Amazon rainforest
The fund has been hailed as a breakthrough – if Brazil can get if off the ground.
Paul Polman, former Unilever boss and now co-vice chair of Planetary Guardians, said it could be the “first forest-finance plan big enough to change the game”.
Why do tropical forests need help?
At their best, tropical forests like the Amazon and the Congo Basin provide food, rainfall and clean air for millions of people around the world.
They soak up carbon dioxide – the main driver of climate change – providing a cooling effect on a heating planet.
But they are being nibbled away at by extractive industries like oil, logging, soy and gold.
Parts of the Amazon rainforest already emit more carbon dioxide than they store.
Other pockets are expected to collapse in the next few decades, meaning they’d no longer be rainforests at all.
Image: Greenpeace says deforested land could be better used, which would save the need for more land to be cleared
Cristiane Mazzetti, senior forest campaigner at Greenpeace Brazil, said: “Science is saying we need to immediately stop deforestation and start restoring what was once lost.
“And in Brazil, we already have enough open land that could be better used for agricultural expansion… There is no need [to open up] new areas.”
Can Brazil’s new investment fund save the world’s rainforests?
For decades, forests have been worth more dead than alive.
Successive attempts to save them have fallen flat because they’ve not been able to flip the economics in favour of conservation, or ensure a long-term stream of cash.
Brazil hopes the TFFF, if it launches, would make forests worth more standing than cut down, and pay out to countries and communities making that happen.
Image: Mining is a lucrative industry in the Amazon. Pic: Reuters
“We don’t pay only for carbon, we are paying for a hectare of standing forest. The more forests you have, the more you are paid,” said Mr Batmanian.
The other “innovation” is to stop relying on aid donations, he said.
“There is a lot of demand for overseas development assistance. It’s normal to have that. We have a lot of crisis, pandemics, epidemics out there.”
Instead, the TFFF is an investment fund that would compete with other commercial propositions.
Mr Polman said: “This isn’t charity, it’s smart economic infrastructure to protect the Amazon and keep our planet safe.”
How does the TFFF raise money?
The idea is to raise a first tranche of cash from governments that can de-risk the fund for private investors.
Every $1 invested by governments could attract a further $4 of private cash.
The TFFF would then be able to take a higher amount of risk to raise above-market returns, Brazil hopes.
That means it could generate enough cash to pay competitive returns to investors and payments to the eligible countries and communities keeping their tropical trees upright.
At least 20% of the payments has been earmarked for indigenous communities, widely regarded as the best stewards of the land. Many, but not all, have welcomed the idea.
Will the TFFF work?
The proposal needs at least $10-25bn of government money to get off the ground.
So far it has raised $5.5bn from the likes of Norway, France, and Indonesia. And the World Bank has agreed to host it, signalling strong credibility.
But it’s a hard task to generate enough money to compete with lucrative industries like gold and oil, many of which governments already invest in.
Image: Dr Andreza Aruska de Souza Santos, director, Brazil Institute, King’s College London
Dr Andreza Aruska de Souza Santos, director of King’s College London’s Brazil Institute, said TFFF has the potential to make it “very financially viable to have a forest as a forest”.
“But the problem is that TFFF would need to compete with these very profitable industries… because you need to capture as much money from governments, from investors.
“And so far it’s not quite balancing the competitiveness of other sectors that are potentially harmful for forests.”
Hot, humid, loud and proud: the climate protest in the city of Belem was the embodiment of the Amazonian rainforest that surrounds it.
Hawkers brought carts selling bananas, mangoes and coconuts – while demonstrators bore umbrellas, hats and fans to shelter from the scorching tropical sun.
After a week of dreary negotiations at the COP30 climate talks, the streets were alive with the drumming of maracatu music and dancing to local carimbo rhythms on Saturday.
It was a carnival atmosphere designed to elevate sober issues.
Image: The climate protest in the city of Belem
Among those out on the streets were Kayapo people, an indigenous community living across the states of Para and Mato Grosso – the latter at the frontier of soy expansion in the Brazilian Amazon.
They are fighting local infrastructure projects like the new Ferrograo railway that will transport soy through their homeland.
The soy industry raises much-needed cash for Brazil’s economy – its second biggest export – but the kayapo say they do not get a slice of the benefit.
Uti, a Kayapo community leader, said: “We do not accept the construction of the Ferrograo and some other projects.
“We Kayapo do not accept any of this being built on indigenous land.”
Many Brazilian indigenous and community groups here want legal recognition of the rights to their land – and on Friday, the Brazilian government agreed to designate two more territories to the Mundurucu people.
It’s a Brazilian lens on global issues – indigenous peoples are widely regarded as the best stewards of the land, but rarely rewarded for their efforts.
In fact, it is often a terrible opposite: grandmother Julia Chunil Catricura had been fighting to stay on Mapuche land in southern Chile, but disappeared earlier this year when she went out for a walk.
Lefimilla Catalina, also Mapuche, said she’s travelled two days to be here in Belem to raise the case of Julia, and to forge alliances with other groups.
Image: The protest in the city of Belem
“At least [COP30] makes it visible” to the world that people are “facing conflicts” on their land, she said.
She added: “COP offers a tiny space [for indigenous people], and we want to be more involved.
“We want to have more influence, and that’s why we believe we have to take ownership of these spaces, we can’t stay out of it.”
They are joined by climate protesters from around the world in an effort to hold governments’ feet to the fire.
Louise Hutchins, convener of Make Polluters Pay Coalition International, said: “We’re here to say to governments they need to make the oil and gas companies pay up for the climate destruction – they’ve made billions in profits every day for the last 50 years.”
After three years of COPs with no protests – the UAE, Egypt, and Azerbaijan do not look kindly on people taking to the streets – this year demonstrators have defined the look, the tone and the soundtrack of the COP30 climate talks – and Saturday was no different.
Whether that will translate into anything more ambitious to come out of COP30 remains to be seen, with another week of negotiations still to go.
For now, the protests in Belem reflect the chaos, the mess and the beauty of Brazil, the COP process, and the rest of the world beyond.