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.”
Volodymyr Zelenskyy has thanked Ukraine’s allies for condemning Russian strikes after one of the deadliest days for civilians in his country so far this year.
Ukraine’s president described the attacks as a “vile and inhumane intimidation tactic” by Russia.
While a warning by Donald Trump to Vladimir Putin to stop “pounding” Ukraine or else, appears to have fallen on deaf ears.
The US has been piling pressure on President Zelenskyy’s government to cooperate in convening peace talks with Russia.
American aerospace company Maxar Technologies said on Friday it had disabled access to its satellite imagery for Kyiv. Its ability to strike inside Russia and defend itself from bombardment is very much diminished without such images.
At least 22 people were killed in multiple Russian attacks, including 11 in the frontline town of Dobropilla in Ukraine’s embattled eastern Donetsk region.
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Russian strike kills at least 11 in Ukraine
Russiafired two ballistic missiles into the town centre, then launched a strike targeting rescuers who responded, according to Mr Zelenskyy. Forty-seven people, including seven children, were injured in the attack.
“It is a vile and inhumane intimidation tactic to which the Russians often resort,” he said.
The president added: “It was one of the most brutal strikes, a combined one. The strike was deliberately calculated to cause maximum damage. Missiles, along with a Shahed drone, targeted the central part of the town.
“Nine residential buildings were hit. Also, the shopping centre and stores were struck.”
Image: People stand at the site of an apartment building hit by a Russian missile strike in Dobropillia. Pic: Reuters
Another seven people were killed in four towns close to the frontline where Russian troops have been making steady advances, said regional governor Vadym Filashkin.
Three others died when a Russian drone hit a civilian workshop in the northeastern Kharkiv region, emergency services reported. And one man was killed by shelling in the region.
The UN Human Rights Monitoring Mission in Ukraine said it was one of 2025’s deadliest attacks for Ukrainian civilians.
Image: Pic: Reuters
Some 24 hours earlier, Russia struck Ukrainian energy facilities using dozens of missiles and drones.
The attacks hampered Ukraine’s ability to supply power to its citizens and run weapons factories vital to its defences.
When asked on Friday if Russian President Vladimir Putin was taking advantage of the US pause on intelligence-sharing to attack Ukraine, Mr Trump responded: “I think he’s doing what anybody else would.”
Mr Zelenskyy did not mention intelligence-sharing on Saturday, but said he welcomed Mr Trump’s proposal to bring in banking sanctions and tariffs on Russia until a ceasefire and final peace settlement is reached.
Mr Zelenskyy also said: “I am grateful to all the leaders, all those diplomats of our partner countries, all public figures who support Ukraine, who have condemned these Russian strikes and who call all things by their proper names.
“And it is essential that we continue coordinating all our efforts with our partners to ensure that our defence works effectively and that we do everything to bring peace closer.”
Mr Zelenskyy has said he and other senior Ukrainian officials will go to Saudi Arabia next week to discuss proposals aimed at ending the war.
In a post on X, he wrote he was set to meet Saudi Arabia’s Crown Prince Mohammed bin Salman on Monday, and his team would remain in the country to have talks with US officials.
This was the response of a Ukrainian soldier in a frontline combat regiment directly affected by Donald Trump’s decision to pause US military support to Ukraine.
Serhii, 45, maintains a unit of US-supplied Bradley infantry fighting vehicles that are defending an area of eastern Ukraine from attacking Russian forces.
The halt to American military aid – if sustained – means there will be no new ammunition and no ability to repair any of the vehicles when they are damaged – a constant risk.
On a recent mission by the 425th Storming Regiment “Skala”, three Bradleys went into battle towards the direction of the city of Pokrovsk, an area of heavy clashes.
Only two returned after the other was hit by the Russian side.
Image: Troops said it would be for Ukraine to defend their land without US military support
“It’s going to be very hard,” Serhii said, standing next to a large Bradley, covered by a camouflage net and tucked under a line of trees in the Donetsk region.
“These vehicles are really good. You can fight back with them. And not just defend, you can even advance. It’s a shame we didn’t have this equipment two or three years ago.”
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Trump pauses military aid to Ukraine – what now?
The regiment has been using Bradleys for a number of months. Serhii is the lead mechanic.
The tracked vehicles, armed with a chain gun that can fire 200 rounds per minute, were first developed in the 1980s but have been fitted with modern reactive armour that means they can survive drone strikes, rocket attacks and the shrapnel from artillery rounds.
“The vehicle’s protection… is fantastic,” Serhii said, with clear admiration for the equipment compared with Soviet-era fighting vehicles that many Ukrainian troops have to use.
Image: Soliders said the Bradley infantry vehicles are good for advancing, not just defence
He said the crew of one of his Bradleys was hit by two rocket-propelled grenades but was able to continue driving and was unharmed.
Serhii, who comes from the Donetsk region, said he felt betrayed by Mr Trump’s decision to halt such crucial support.
The US president ordered the move as he attempts to put pressure on Ukrainian President Volodymyr Zelenskyy to negotiate a ceasefire deal with Russia.
“Although I’m not a politician, it’s a betrayal for us, for the guys who are defending Ukraine,” the soldier said.
Image: Inside a US-supplied Bradley vehicle
Asked how he felt when he heard the news about the US president’s decision, Serhii said: “The latest news cuts my heart, I can answer you that way. It cuts my heart… If politicians solve issues this way, just by halting weapons supply in one move, that’s criminal.”
He signalled it would be harder for Ukrainian troops to defend their land without the US military support – but they would still fight.
“Even without this weapon, we believe we will move forward,” he said.
“They [the Russians] have to retreat, no matter what. The guys didn’t take up arms here for nothing, and they stand together. Together, all of us, as one, will defeat this enemy.”
As for whether he had a message for Mr Trump, the soldier said: “Don’t stop military aid. Politics is politics, but the people, I believe, are the most important.
“It will be very hard for us without such equipment. This equipment is good; it allows us to show results. And we will keep showing them. We’ve shown them before and we will keep showing them. That’s how it is. Thank you.”
Fighting ‘for my motherland’
Image: Soldier Sedoi said he is ‘tired’ of the war
Sky News watched as two crews prepared their fighting vehicles for a potential mission on Thursday evening.
Sedoi, 41, commands one of the Bradleys and operates the gun.
He said the American-supplied vehicle gives him confidence when he goes into battle – and was also likely a scary prospect for Russian troops to have to encounter.
“We make a lot of noise. Everything catches fire and burns… It’s a good vehicle,” he said.
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Will Kyiv fall without US support?
Sedoi said he did not have a reaction to the news about the halt to American military support, saying: “I don’t get involved in their politics.”
However, he signalled he did want an end to the war – even if it meant Russia keeping some of the land it has seized.
“Let it end, so people stop dying. Because a lot of people have died,” he said.
Recently recovered from a shrapnel wound, Sedoi said he volunteered to fight after Vladimir Putin launched his full-scale war more than three years ago because of Russia’s brutality.
“I’ve heard what they do when they enter villages, what they do with children and women… I don’t want them to go any further… That’s why I’m here.
“But, to be honest, I’m getting tired of it.”
Yet still he and his fellow soldiers battle on. Asked why he was fighting, the soldier said: “For my motherland.”
A warning by Donald Trump to Vladimir Putin to stop “pounding” Ukraine or else, appears to have fallen on deaf ears after another night of devastating Russian strikes.
The persistent pummelling of Ukrainian towns and cities also follows a decision by the US president to stop sharing American intelligence and weapons with Kyiv – a move that is directly hampering the Ukrainian military’s ability to defend their skies from the Russian onslaught.
In the deadliest attack overnight, at least 11 people were killed and 30 wounded, including five children, in the town of Dobropillia, about 15 miles from the frontline in the Donestsk region of eastern Ukraine.
The Ukrainian police service said a Russian ballistic missile, rockets and attack drones hit eight multi-storey buildings as well as a shopping centre and dozens of cars.
Image: Firefighters work at the site of the strike. Pic: Reuters/State Emergency Service of Ukraine
Image: Pic: Reuters/State Emergency Service of Ukraine
“Some buildings were burnt down almost completely,” the national police of Ukraine said in a post on its Telegram social media channel.
Another three civilians were killed and seven injured in a drone attack on the Kharkiv region in the northeast of the country, according to a separate post by the interior ministry.
Just hours earlier, the US president posted a warning to the Kremlin on social media.
“Based on the fact that Russia is absolutely ‘pounding’ Ukraine on the battlefield right now, I am strongly considering large-scale banking sanctions, sanctions, and tariffs on Russia until a cease fire and FINAL SETTLEMENT AGREEMENT ON PEACE IS REACHED,” he wrote.
“To Russia and Ukraine, get to the table right now, before it is too late. Thank you!!!”
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Trump: ‘Ukraine difficult to deal with’
Kyiv will be watching closely to see whether Moscow’s continuing attacks will prompt Mr Trump to carry out his threat.
Ukrainian President Volodymyr Zelenskyy has been in crisis mode ever since Mr Trump returned to office and started attacking his record on the war, falsely calling him a dictator and even claiming – again erroneously – that Ukraine was to blame for Russia’s invasion.
Sky News on the ground in Dobropillia 24hrs before strike
A Sky News team was in Dobropillia 24 hours before the attack – stopping off to grab food at a pizza restaurant that was close to the site of at least two of the incoming strikes.
The restaurant is on a road of shops, including a clothes store and a small grocery outlet.
The town, which used to be home to 28,000 residents before Russia’s full-scale war, feels far more battle-hardened than areas further away from the frontline.
Fighting has been raging for months between invading Russian forces and Ukrainian troops, just over a dozen miles away, around the city of Pokrovsk.
Despite the closeness of the war, however, many civilians, including children, still live in Dobropillia.
In the most significant blow, Washington has paused the sharing on intelligence with its Ukrainian partners, instantly making it far harder for Ukraine to have a clear picture on the movement of Russian forces and weapons, while also hampering the ability of the Ukrainian armed forces to effectively conduct targeting attacks against Russian positions.
A decision to stop the flow of military support to Ukraine will also have a huge impact on the country’s ability to keep defending itself.
The US has been Kyiv’s largest and most important supplier of arms, including the Patriot air defence system – the only piece of equipment in Ukraine’s arsenal that has the ability to take down ballistic missiles.