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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.

A fresh row is bubbling after the government agreed to boost legal aid fees by 15% in October in a bid to end defence barrister strikes.

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.

“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.”

Kirsty Brimelow Chair of the Criminal Bar Association takes part in a wreath laying after the death of the Queen. Senior barristers, now known as KCs instead of QCs after the proclamation of the King, dressed in robes and court mourning attire process from the Old Bailey before walking to Gray's Inn Chapel to lay a wreath as a mark of condolence following the death of Queen Elizabeth II. Picture date: Wednesday September 15, 2022.
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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.

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“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.”

Criminal barristers in England and Wales have entered an indefinite strike
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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.”

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Fordow: What we know about Iran’s secretive ‘nuclear mountain’ – and how Israel might try to destroy it

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Fordow: What we know about Iran's secretive 'nuclear mountain' - and how Israel might try to destroy it

Deep beneath a mountain, hundreds of centrifuges spin, enriching Iran’s uranium that Israel suspects is destined for a nuclear weapon.

The Fordow plant is protected by tonnes upon tonnes of dirt and rock, far away from prying eyes – and foreign missiles.

But as Israeli warplanes fly unchecked above Tehran, with much of the Islamic Republic’s air defences turned to smoking ruins on the ground, attention has moved to the secretive facility.

Some say only the American B-2 stealth bomber and its massive payload could breach the so-called “nuclear mountain”, while others argue troops on the ground might be able to infiltrate its corridors. Or maybe it is simply impossible, short of a nuclear strike.

Iran has repeatedly denied that it is seeking a nuclear weapon and the head of the UN’s nuclear watchdog said in June that it has no proof of a “systematic effort to move into a nuclear weapon”.

A satellite image shows the Fordo nuclear facility in Iran in this handout image dated June 14, 2025. Maxar Technologies/Handout via REUTERS
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A satellite image shows the Fordow nuclear facility. Pic: Maxar Technologies/Reuters

What is the Fordow facility?

The Fordow enrichment plant is one of three key pieces of nuclear infrastructure in Iran – the others being the Natanz enrichment plant and research facilities in Isfahan.

It is thought to be buried around 80m deep into the side of the mountain. It was previously protected by Iranian and Russian surface-to-air missile systems, but these may have wholly or partially knocked out during Israel’s recent attacks.

Construction is believed to have started in around 2006 and it first became operational in 2009 – the same year Tehran publicly acknowledged its existence.

Map showing the Fordow enrichment plant
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Key sites at Fordow including tunnel entrances

In November 2020, it was believed there were 1,057 centrifuges at Fordow. These are used to separate isotopes and increase the concentration of uranium-235, needed for nuclear fuel and weapons.

In 2023, the International Atomic Energy Agency (IAEA) – the nuclear watchdog – found uranium particles enriched to 83.7% purity – near the 90% needed for a bomb – at Fordow, the only Iranian facility where this has been found.

In June 2024, the Washington Post reported on a major expansion at Fordow, with nearly 1,400 new centrifuges earmarked for the subterranean facility.

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Will Israel try to destroy Fordow?

Israel has made no secret of its desire to cripple or remove Iran’s nuclear programme, describing it as an existential threat.

There is much that remains elsewhere in Iran that is capable of producing and using nuclear material.

“But of course the real big piece remains at Fordow still and this has been in the headlines quite a bit,” says Dr Alexander Bollfrass, an expert on nuclear weapons from the International Institute for Strategic Studies (IISS) thinktank.

There is also the chance that an increased focus on diplomacy brings the war to an end before the IDF can make a run at Fordow.

FILE - This photo released Nov. 5, 2019, by the Atomic Energy Organization of Iran shows centrifuge machines in Natanz uranium enrichment facility near Natanz, Iran. A new underground facility at the Natanz enrichment site may put centrifuges beyond the range of a massive so-called ...bunker buster... bomb earlier developed by the U.S. military, according experts and satellite photos analyzed by The Associated Press in May 2023. (Atomic Energy Organization of Iran via AP, File)
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Centrifuge machines at Natanz – similar to ones held at Fordow. Pic: AP

Could bunker buster bombs be used?

There has been a lot of talk about bunker buster bombs. These are munitions that explode twice – once to breach the ground surface and again once the bomb has burrowed down to a certain depth.

The Israelis used 60 to 80 of them in the strike that killed Hezbollah leader Hassan Nasrallah in September last year, according to Martin “Sammy” Sampson, a former air marshal and executive director at the IISS.

But Nasrallah was only 10-15m underground, Mr Sampson said, while Fordow is believed to be 80m beneath the surface.

“An awful lot of planes would be in the same place for an awful long time” to drop enough bombs to have a chance of getting to the buried facility, he added.

A GBU-57, or the Massive Ordnance Penetrator bomb, at Whiteman Air Base in Missouri. in 2023. File pic: US Air Force via AP
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A GBU-57 bunker buster bomb seen in 2023. File pic: US Air Force/AP

There is also the possibility that the US, which operates the much more powerful GBU-57 bomb, could assist with any operation at Fordow.

“My sense is that it would still take multiple strikes,” Mr Sampson said, putting it in “more and more unknown territory”.

“It would be pretty disastrous… if you put 400 planes over the top of Fordow, or you put the might of the US over Fordow, and it survived.”

Israel’s ‘contingencies’ for dealing with Fordow

Israel has suggested that it could destroy or cripple Fordow without using bombs dropped from the air.

Speaking to Sky’s Yalda Hakim earlier this week, former Mossad director of intelligence Zohar Palti said it was “much easier for the Americans to do it”, possibly referring to the GBU-57.

“But as you see, we know how to run things alone,” he added. “And if we need to do some other stuff alone, we will do it.”

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Sky’s Yalda Hakim speaks to Zohar Palti

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Israel’s ambassador to the US, Yechiel Leiter, said last weekend that Israel has “a number of contingencies… which will enable us to deal with Fordow”.

“Not everything is a matter of, you know, taking to the skies and bombing from afar,” he told ABC News.

There has been talk of using special forces to raid the facility on the ground, but that has its downsides as well.

“This would be an incredibly high risk mission if you were to do something on the ground,” said Mr Sampson.

There is also the possibility Israel could replicate what happened at the Natanz enrichment plant, where the IAEA said 15,000 centrifuges were likely destroyed in the IDF bombardment of Iran.

This was possibly due to an Israeli airstrike disrupting the power supply to the centrifuges, rather than actual physical damage to the centrifuge hall, according to the nuclear watchdog.

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Regime change in Iran is ‘unacceptable’, says the Kremlin

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Regime change in Iran is 'unacceptable', says the Kremlin

Regime change in Iran is “unacceptable” and the assassination of the country’s supreme leader would “open the Pandora’s box”, the Kremlin has said.

In a rare interview with a foreign media organisation, Kremlin spokesman Dmitry Peskov told Sky News that Russia would react “very negatively” if Ayatollah Ali Khamenei was killed.

The comments came as US President Donald Trump said he will decide within two weeks whether America will join Israel’s military campaign against Tehran, after earlier speculating on social media about killing the Iranian leader.

Dmitry Peskov
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Dmitry Peskov speaks to Sky News

“The situation is extremely tense and is dangerous not only for the region but globally,” Mr Peskov said in an interview at the Constantine Palace in Saint Petersburg.

“An enlargement of the composition of the participants of the conflict is potentially even more dangerous.

“It will lead only to another circle of confrontation and escalation of tension in the region.”

Supreme Leader Ayatollah Ali Khamenei and Russian President Vladimir Putin meeting in Tehran, Iran, Tuesday, July 19, 2022. AP
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Putin and Khamenei meeting in Tehran in 2022. Pic: AP

They are the Kremlin’s strongest comments yet regarding the Israel-Iran conflict, which has stoked fears in Moscow that it could be on the verge of losing its closest ally in the Middle East.

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Russia has deepened its ties with Iran since invading Ukraine, and the two countries signed a strategic partnership in January.

“[Regime change in Iran] is unimaginable. It should be unacceptable, even talking about that should be unacceptable for everyone,” Mr Peskov said, in a thinly veiled reference to Washington.

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How will Russia react to US joining Israel?

But Mr Peskov refused to be drawn on what action Russia would take if Khamenei was killed, saying instead it would trigger action “from inside Iran”.

“It would lead to the birth of extremist moods inside Iran and those who are speaking about [killing Khamenei], they should keep it in mind. They will open the Pandora’s box.”

Vladimir Putin’s offers to mediate an end to the conflict have so far been rejected by Mr Trump, who said on Wednesday that he told the Russian president to “mediate your own [conflict]”, in reference to Russia’s war against Ukraine.

Mr Peskov denied the American president’s words were insulting, adding: “Everyone has a different language.

“President Trump has his own unique way of speaking and his unique language. We are quite tolerant and expect everyone to be tolerant of us.”

President Donald Trump meets with members of the Juventus soccer club in the Oval Office of the White House, Wednesday, June 18, 2025, in Washington. (AP Photo/Alex Brandon)
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Trump’s attempts to broker peace between Ukraine and Russia have so far not been fruitful. Pic: AP

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The Trump administration’s own mediation efforts to end the war in Ukraine have failed to yield any major breakthroughs, despite two rounds of direct talks between Moscow and Kyiv.

Moscow has stepped up its aerial bombardment of Ukraine in recent weeks and continues to reject Volodymyr Zelenskyy’s calls for a 30-day ceasefire.

“Now we have a strategic advantage. Why should we lose it? We are not going to lose it. We are going further. We’re advancing and we’ll continue to advance,” Mr Peskov said.

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Russia has previously said it would only commit to a ceasefire if Kyiv stops receiving foreign military support, fearing that a pause in the fighting would offer Ukraine a chance to rearm and regroup its forces.

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Asked if Moscow could commit to not using a ceasefire in the same way, Mr Peskov said: “A ceasefire is a ceasefire, and you stop.

“But America is not saying that ‘we’ll quit any supplies’. Britain is not saying that as well. France is not saying that as well. This is the problem.”

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China says British warship sailed through Taiwan Strait to ’cause trouble’

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China says British warship sailed through Taiwan Strait to 'cause trouble'

China has criticised a British warship’s passage through the Taiwan Strait as a deliberate move to “cause trouble”.

The Royal Navy said its patrol vessel HMS Spey was conducting a routine navigation through the contested waterway on Wednesday as part of a long-planned deployment in compliance with international law.

In response, the Eastern Theatre Command of China’s People’s Liberation Army (PLA) said the exercise was “public hyping”, adding that its forces followed and monitored the ship.

“The British side’s remarks distort legal principles and mislead the public; its actions deliberately cause trouble and disrupt things, undermining peace and stability in the Taiwan Strait,” it said in a statement on Friday.

“Troops in the theatre are on high alert at all times and will resolutely counter all threats and provocations.”

The last time a British warship sailed through the strait was in 2021, when HMS Richmond was deployed in the East China Sea en route to Vietnam.

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From 2024: Why is South China sea so disputed?

The strait is contested between Taiwan and China, which split in 1949.

Today, China views Taiwan as a breakaway province – with which it promises to one day reunify, and has not ruled out the use of force to do so – and regards the waterway as its own territory.

Taiwan, the US, and other Western powers regard the strait as international waters.

US navy ships sail through the strait around once every two months, sometimes accompanied by those of allied nations.

Responding to HMS Spey’s exercise, Taiwan’s foreign ministry said it “welcomes and affirms the British side once again taking concrete actions to defend the freedom of navigation in the Taiwan Strait”.

China has also carried out several military drills across the waterway, with exercises in October involving its army, navy and rocket forces. Beijing called it a “stern warning to the separatist acts of Taiwan independence forces” at the time.

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It comes as Taiwanese President Lai Ching-te on Thursday ordered defence and security units to step up their monitoring and intelligence efforts in response to China’s military activities.

Taiwan’s defence ministry also reported another spike in Chinese movements close to the island over the previous 24 hours, involving 50 aircraft, concentrated in the strait and the top part of the South China Sea.

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