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.”
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.”
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.”
The fires that have been raging in Los Angeles County this week may be the “most destructive” in modern US history.
In just three days, the blazes have covered tens of thousands of acres of land and could potentially have an economic impact of up to $150bn (£123bn), according to private forecaster Accuweather.
Sky News has used a combination of open-source techniques, data analysis, satellite imagery and social media footage to analyse how and why the fires started, and work out the estimated economic and environmental cost.
More than 1,000 structures have been damaged so far, local officials have estimated. The real figure is likely to be much higher.
“In fact, it’s likely that perhaps 15,000 or even more structures have been destroyed,” said Jonathan Porter, chief meteorologist at Accuweather.
These include some of the country’s most expensive real estate, as well as critical infrastructure.
Accuweather has estimated the fires could have a total damage and economic loss of between $135bn and $150bn.
“It’s clear this is going to be the most destructive wildfire in California history, and likely the most destructive wildfire in modern US history,” said Mr Porter.
“That is our estimate based upon what has occurred thus far, plus some considerations for the near-term impacts of the fires,” he added.
The calculations were made using a wide variety of data inputs, from property damage and evacuation efforts, to the longer-term negative impacts from job and wage losses as well as a decline in tourism to the area.
The Palisades fire, which has burned at least 20,000 acres of land, has been the biggest so far.
Satellite imagery and social media videos indicate the fire was first visible in the area around Skull Rock, part of a 4.5 mile hiking trail, northeast of the upscale Pacific Palisades neighbourhood.
These videos were taken by hikers on the route at around 10.30am on Tuesday 7 January, when the fire began spreading.
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At about the same time, this footage of a plane landing at Los Angeles International Airport was captured. A growing cloud of smoke is visible in the hills in the background – the same area where the hikers filmed their videos.
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The area’s high winds and dry weather accelerated the speed that the fire has spread. By Tuesday night, Eaton fire sparked in a forested area north of downtown LA, and Hurst fire broke out in Sylmar, a suburban neighbourhood north of San Fernando, after a brush fire.
These images from NASA’s Black Marble tool that detects light sources on the ground show how much the Palisades and Eaton fires grew in less than 24 hours.
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On Tuesday, the Palisades fire had covered 772 acres. At the time of publication of Friday, the fire had grown to cover nearly 20,500 acres, some 26.5 times its initial size.
The Palisades fire was the first to spark, but others erupted over the following days.
At around 1pm on Wednesday afternoon, the Lidia fire was first reported in Acton, next to the Angeles National Forest north of LA. Smaller than the others, firefighters managed to contain the blaze by 75% on Friday.
On Thursday, the Kenneth fire was reported at 2.40pm local time, according to Ventura County Fire Department, near a place called Victory Trailhead at the border of Ventura and Los Angeles counties.
This footage from a fire-monitoring camera in Simi Valley shows plumes of smoke billowing from the Kenneth fire.
Sky News analysed infrared satellite imagery to show how these fires grew all across LA.
The largest fires are still far from being contained, and have prompted thousands of residents to flee their homes as officials continued to keep large areas under evacuation orders. It’s unclear when they’ll be able to return.
“This is a tremendous loss that is going to result in many people and businesses needing a lot of help, as they begin the very slow process of putting their lives back together and rebuilding,” said Mr Porter.
“This is going to be an event that is going to likely take some people and businesses, perhaps a decade to recover from this fully.”
The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open source information. Through multimedia storytelling we aim to better explain the world while also showing how our journalism is done.
Given gilt yields are rising, the pound is falling and, all things considered, markets look pretty hairy back in the UK, it’s quite likely Rachel Reeves’s trip to China gets overshadowed by noises off.
There’s a chance the dominant narrative is not about China itself, but about why she didn’t cancel the trip.
But make no mistake: this visit is a big deal. A very big deal – potentially one of the single most interesting moments in recent British economic policy.
Why? Because the UK is doing something very interesting and quite counterintuitive here. It is taking a gamble. For even as nearly every other country in the developed world cuts ties and imposes tariffs on China, this new Labour government is doing the opposite – trying to get closer to the world’s second-biggest economy.
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How much do we trade with China?
The chancellor‘s three-day visit to Beijing and Shanghai marks the first time a UK finance minister has travelled to China since Philip Hammond‘s 2017 trip, which in turn followed a very grand mission from George Osborne in 2015.
Back then, the UK was attempting to double down on its economic relationship with China. It was encouraging Chinese companies to invest in this country, helping to build our next generation of nuclear power plants and our telephone infrastructure.
But since then the relationship has soured. Huawei has been banned from providing that telecoms infrastructure and China is no longer building our next power plants. There has been no “economic and financial dialogue” – the name for these missions – since 2019, when Chinese officials came to the UK. And the story has been much the same elsewhere in the developed world.
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In the intervening period, G7 nations, led by the US, have imposed various tariffs on Chinese goods, sparking a slow-burn trade war between East and West. The latest of these tariffs were on Chinese electric vehicles. The US and Canada imposed 100% tariffs, while the EU and a swathe of other nations, from India to Turkey, introduced their own, slightly lower tariffs.
But (save for Japan, whose consumers tend not to buy many Chinese cars anyway) there is one developed nation which has, so far at least, stood alone, refusing to impose these extra tariffs on China: the UK.
The UK sticks out then – diplomatically (especially as the new US president comes into office, threatening even higher and wider tariffs on China) and economically. Right now no other developed market in the world looks as attractive to Chinese car companies as the UK does. Chinese producers, able thanks to expertise and a host of subsidies to produce cars far cheaper than those made domestically, have targeted the UK as an incredibly attractive prospect in the coming years.
And while the European strategy is to impose tariffs designed to taper down if Chinese car companies commit to building factories in the EU, there is less incentive, as far as anyone can make out, for Chinese firms to do likewise in the UK. The upshot is that domestic producers, who have already seen China leapfrog every other nation save for Germany, will struggle even more in the coming year to contend with cheap Chinese imports.
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Whether this is a price the chancellor is willing to pay for greater access to the Chinese market is unclear. Certainly, while the UK imports more than twice as many goods from China as it sends there, the country is an attractive market for British financial services firms. Indeed, there are a host of bank executives travelling out with the chancellor for the dialogue. They are hoping to boost British exports of financial services in the coming years.
Still – many questions remain unanswered:
• Is the chancellor getting closer to China with half an eye on future trade negotiations with the US?
• Is she ready to reverse on this relationship if it helps procure a deal with Donald Trump?
• Is she comfortable with the impending influx of cheap Chinese electric vehicles in the coming months and years?
• Is she prepared for the potential impact on the domestic car industry, which is already struggling in the face of a host of other challenges?
• Is that a price worth paying for more financial access to China?
• What, in short, is the grand strategy here?
These are all important questions. Unfortunately, unlike in 2015 or 2017, the Treasury has decided not to bring any press with it. So our opportunities to find answers are far more limited than usual. Given the significance of this economic moment, and of this trip itself, that is desperately disappointing.