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.”
The main road entering the besieged Syrian city of Sweida from the West has changed dramatically over twelve hours.
A bulldozer, parked on the side of the road, has been used to create several berms to form a sand barrier around 25km (16 miles) from the city centre.
Dozens of Syrian security forces were standing in lines in front of the barricades when we arrived, and there were forces further up the road stopping vehicles from going any further.
Image: Syrian security forces at a checkpoint outside the besieged city
The Arab tribal fighters we’d seen fighting furiously inside the city the day before were now all camped alongside the road. Some were sleeping on the back of their pick-ups.
“We’re not giving up,” one shouted to us as we walked towards the checkpoint.
The ceasefire agreement between Druze leaders who’re bunkered down inside the city and the Bedoins – and the tribal fighters who’d flock to join them – has frustrated some.
Some of them, waiting with guns slung over their backs, are itching to return to battle. But for now, tribal leaders have instructed them to hold fire.
Image: Arab tribal fighters have been blocked from entering Sweida by security forces
How long that will last is probably key to Syria’s future and whether it can be a peaceful one.
Khalaf al Modhi, the head of a group of tribes called United Tribes, told the group of fighters: “We are not against the Druze. We are not here to kill the Druze.”
But he spent many minutes castigating the senior Druze cleric inside Sweida whom many of the tribes see as the agitator behind the violent clashes.
Image: Khalaf al Modhi, who is the leader of a tribal group called United Tribes
Hikmat Al Hijiri is head of a Druze faction that is deeply suspicious of the new government led by Ahmed al-Sharaa and is resisting ceding power to Damascus.
The retreat of the Arab tribes from the city centre means the Druze militia under Hijiri’s control are now the ones deciding who goes in or out of the city.
About 30,000 mostly Druze people are thought to be trapped inside the city and surrounding towns, with no electricity, little internet and dwindling supplies of food and water.
Image: Druze civilian Kamal Tarrabey. He said ten of his relatives were killed in the violent clashes
The humanitarian situation is dramatically worsening by the day. But at the time of writing, there were still no agreed safe corridors to bring out those pinned inside.
On top of this, there are nearly 130,000 people displaced and forced out of their homes because of the fighting, according to UN estimates.
Maintaining the ceasefire is key to ensuring solutions are found to help those suffering, and quickly. It’s also the most serious challenge facing the new Syrian leader and his interim government.
The level of distrust between the Hijiri-led Druze faction and the new government is strong and deep. So much so that the Druze leaders have refused to accept truckloads of aid organised by any of the government outlets.
Image: The White Helmets wait outside Sweida as the Druze leaders accept little aid from them due to their government connections
The new Syrian leader has struggled to convince the country’s minorities that their safety under his leadership is assured.
Druze civilians and human rights activists reported mass killings and executions of Druze by government troops who were sent in last week to quell the latest clashes between the Druze and Arab Bedoins who have been at odds for many years.
Government forces pulled out of the city only after Israel unleashed a spate of airstrikes, saying they were defending the Druze. The bombings killed hundreds of Syrian troops.
But with the withdrawal of the government troops, the Arab Bedoin population said the city’s Druze militia embarked on a string of revenge atrocities.
That in turn led to thousands of tribal fighters massing from around the country to defend their Arab brethren.
Image: Smoke rises from buildings in the city centre of Sweida
When we were inside the city, we saw multiple corpses lying on the streets, and many appeared to have been killed with a shot to the head.
Homes and businesses are still burning after mass pillaging as fighters retreated.
And now, there is a growing humanitarian disaster unfolding.
Additional reporting by camera operator Garwen McLuckie, specialist producer Chris Cunningham, as well as Syrian producers Mahmoud Mossa and Ahmed Rahhal.
On Friday, Paola Paiva waited in a hotel near Caracas airport, nervous but giddy with excitement to be reunited with her brother, finally.
For five months, Arturo Suarez has been detained in a notorious prison in El Salvador.
“I am going to wait for my brother to call me,” she told Sky News, “and after giving him a hug, I want to just listen to him, listen to his voice. Let him talk and tell us his story.”
Suarez was one of the more than 250 Venezuelan migrants who had been living in America but were arrested in immigration raids by the Trump administration and sent to El Salvador, a showpiece act in the president’s promise to deport millions of migrants.
Image: Paola Paiva holds a vigil for brother Arturo Suarez. Pic: Reuters
Most of the men had never even been to El Salvador before. Their detention has been controversial because the White House claims the men are all part of the dangerous Tren de Aragua gang but has provided little evidence to support this assertion.
The only evidence Paola had that Suarez was still alive was a picture of him published on a news website showing the inside of the maximum security CECOT jail.
He is one of dozens of men with their hands and feet cuffed, heads shaved and bodies shackled together.
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Now he is returning to his home country, one of the bargaining chips in a deal that saw the release of ten Americans and US permanent residents who had been seized by the Venezuelan authorities.
Image: Venezuelans arrive back in home country after being detained in El Salvador
Paola had tried to go to the airport to greet her brother as he disembarked a charter plane bringing the men back from El Salvador but authorities told her to wait at a nearby hotel.
“They told us they are taking them all to a hotel to rest,” she said.
“But I managed to get someone to give my phone number on a piece of paper to my brother, so I am expecting his call tomorrow, as soon as he can access a phone.
“We heard they are going to perform some medical exams on them and check their criminal records,” she added. “I’m not afraid; I’m not worried since my brother has a clean record.
“I am so happy. I knew this day would happen, and that it would be unexpected, that no one was going to notify us. I knew it was going to be a total surprise.”
Image: US citizens released from Venezuela. Pic: Reuters
The Trump administration had paid the El Salvador government, led by President Nayib Bukele, millions of dollars to imprison the men.
Homeland security secretary Kristi Noem visited CECOT last month, posing in front of prisoners for a photo opportunity.
But Cristosal, an international human rights group based in El Salvador, says it has “documented systematic physical beatings, torture, intentional denial of access to food, water, clothing, health care,” inside the prison.
A video which was seemingly filmed aboard the charter flight bringing the Venezuelan migrants back to Caracas shows Arturo briefly talking about his experience inside.
He looks physically well but speaks into the camera and says: “We were four months with no communication, no phone calls, kidnapped, we didn’t know what (the) day was, not even the time.
“We were beat up at breakfast, lunch and dinner,” he continues.
Sky News interviewed Arturo Suarez‘s brother Nelson near his home in the US in April, weeks after Arturo – an aspiring singer – had been arrested by immigration and customs enforcement (ICE) agents while filming a music video inside a house.
Nelson said he believed Arturo’s only crime was “being Venezuelan and having tattoos.” He showed me documents that indicate Arturo has no criminal record in Venezuela, Chile, Colombia or the United States, the four countries he has lived in.
Now Nelson is delighted Arturo is being released – but worries for his future.
“The only thing that casts a shadow in such a moment of joy is that bit of anger when I think that all the governments involved are going to use my brother’s story, and the others on that flight, as political gain,” he said.
“Each of them will tell a different story, making themselves the heroes, when the reality is that many innocent people suffered unfairly and unnecessarily, and many families will remain separated after this incident due to politics, immigration and fear.”
At least 34 people have died after a tourist boat capsized in Vietnam, according to state media reports.
The Wonder Sea boat was reportedly carrying 53 people, including five crew members, when it capsized due to strong winds in Ha Long Bay on Saturday.
It happened at roughly 2pm local time (7am GMT). Rescue teams have found 11 survivors and recovered 34 bodies, eight of them children, the state-run Vietnam News Agency said, citing local authorities.
Image: Rescuer in Ha Long Bay are searching for survivors. Pic: QDND via AP
The People’s Army Newspaper, which cited local border guards, said authorities have not yet confirmed details about the tourists, including their nationalities, as the rescue operation continues.
Most of the passengers were tourists, including about 20 children, from the country’s capital city, Hanoi, the newspaper said.
The incident comes shortly after the arrival of Storm Wipha in the South China Sea, bringing strong winds, heavy rain and lightning to the area.
Image: A body being carried on stretcher after a tourist boat capsized in Ha Long Bay, Vietnam. Pic: QDND via AP
The named storm is the third typhoon to hit the South China Sea this year, and is expected to make landfall along the northern coast of Vietnam early next week.
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Disruptions linked to the storm have also had an impact on air travel, according to Noi Bai Airport.
The airport reported that nine incoming flights were diverted to other airports, while three outgoing flights were temporarily grounded due to adverse weather conditions.
Image: Tourist boats cruise in Halong Bay. File pic: Reuters
The winds brought by Storm Wipha reached up to 63mph (101kmph) and gusts of up to 68mph (126kmph) as it passed south of Taiwan on Saturday, according to the island’s Central News Agency.