Issue 150 | 28 January 2021
|
|
Backlog warning as Bar Council takes to the airwaves
|
The Bar Council has taken to television and radio, as well as the national newspapers, to warn of the growing risk of the current backlog of cases in the courts.
Chair of the Bar, Derek Sweeting QC, told viewers on the BBC News Channel that: "Most members of the public would be appalled to hear that it's months, if not years, before a case gets to court" and that more money was needed. Meanwhile, Vice Chair of the Bar, Mark Fenhalls QC told LBC Radio listeners that "justice is for everyone" and that more needs to be done to tackle the backlog in the justice system.
The Sun reported that Derek Sweeting QC, Chair of the Bar, described the news that Blackfriars Crown Court is being used to film a Netflix series while the justice system struggles as “absurd”.
Other national newspapers, including The Guardian and Daily Mail reported that in its Budget submission to the Treasury, the Bar Council has called for 42 more Nightingale Courts to help with demand during the pandemic, investment of £55m to recruit and retain staff, and for non-means-tested legal aid to be made available for all domestic abuse cases.
|
 |
Tampering with juries should be a last resort
|
Chair of the Bar, Derek Sweeting QC, has cautioned against the idea of reducing jury sizes from 12 to seven to cut the backlog in the courts. Responding to calls for reduced, ‘wartime’ juries by the Labour Party this week, the Chair of the Bar said tampering with juries should be a last resort.
|
|
|
New survey from Bar Council finds barristers at “breaking point”
|
The newly published findings of the Bar Council’s survey of self-employed barristers paint a troubling picture of a profession struggling to survive. The Bar Council has found that last year’s court closures exacerbated a justice system unfit for purpose after a decade of cuts, leaving many barristers in financial hardship as they attempt to plug the gaps.
Two thirds of self-employed barristers surveyed have been forced to take on personal debt or use savings (61%), and a significant proportion of these have incurred debts above £20,000 (17%). This figure is even higher for the criminal Bar (where 27% have taken on debt over £20,000).
|
|
Free wellbeing support for barristers
|
Barristers are reminded that there is free wellbeing and mental health support available via the Wellbeing at the Bar website, as figures published today from LawCare show the number of legal professionals contacting the charity for emotional support continues to rise year on year, with 738 legal professionals seeking help in 2020, a rise of 9% on the previous year.
|
|
|
Bar Council calls for more Nightingale courts and legal aid
|
The Bar Council has made four short term recommendations in the January 2021 Budget submission to the Treasury, including dealing with the court backlog, legal aid and ensuring there is enough court staff to operate courts.
|
Can pupils go to court during lockdown? New guide
|
HMCTS has confirmed that there may be certain permissible reasons why pupils can leave home as part of their pupillage following the Prime Minister’s announcement on Monday 4 January 2021.
The Bar Council has therefore updated its guidance.
Visit our Coronavirus updates page, click on Pupillage and go to the 'Can pupils go to court during lockdown?' on the drop down menu.
|
What’s your story? COIC and FreeBar project
|
COIC and FreeBar are coordinating a celebration of LGBT+ diversity at the Bar and are seeking short contributions from barristers and members of the judiciary, as well as the Inns, chambers, court staff and allies.
The project will comprise a collection of profiles, with photos and up to 150 words reflecting on the question “What’s your story?”. This can include your experiences of being LBGT+ in the Bar community, or an ally, how the Bar community has changed for good, and any advice you might have for people working at the Bar or wishing to come to the Bar.
Please send your story to Alex at with the subject line “Visibility” and include your contact details.
|
Stamp out bullying, harassment and discrimination
|
TalktoSpot, the online tool for the Bar to report inappropriate behaviour as well as concerns relating to Covid-19, gives barristers an option to report bullying, harassment and discrimination confidentially and anonymously.
Many incidents of bullying, harassment or discrimination at the Bar go unreported and unchallenged. To address the understandable reluctance to come forward, the Bar Council is working with Spot to give the profession a secure, constructive process for dealing with unacceptable behaviours. Spot gives you the option of how far you wish to go in reporting inappropriate behaviour.
Spot reporting has been extended to enable barristers to report coronavirus-specific concerns, for example around safety when attending court.
|
The Bar backs Afghan legal professionals after fatal attack
|
Chair of the Bar, Derek Sweeting QC, and Chair of the Bar Human Rights Committee, Schona Jolly QC, have expressed “solidarity” with Afghanistan’s judiciary and legal profession following a fatal attack on two judges.
In a letter to Chief Justice of the Supreme Court of Afghanistan, Sayed Yousuf “Halim”, the Bar leaders expressed admiration for those in Afghanistan who “tirelessly uphold and instil the rule of law, and who have, for many years now, come under attack”. The letter of support follows the murder of female judges in Kabul who were travelling to work on 17 January 2021.
|
Coronavirus updates for the Bar
|
The Bar Council regularly updates its advice, guidance and support tools for barristers managing their practices during the Covid-19 pandemic.
|
|
|
|
In the last two weeks the Bar Council has met with the Lord Chancellor, Attorney General, Bob Neill MP (Chair of the Justice Select Committee), Lord Falconer (Shadow Attorney General) and Karl Turner MP (Shadow Legal Aid Minister). The main issues that were discussed were around courts being open in lockdown, testing and vaccinations.
The Bar Council submitted its submission to the Treasury ahead of the Budget in March and we shared it with members of both Houses. Wera Hobhouse MP, Lib Dem Justice Spokesperson, referred to one of our recommendations in the Urgent Questions on the backlog of serious criminal cases in the justice system. The Justice Select Committee heard from the four Chief Inspectors of the Justice System to discuss the findings of the recent report ‘Impact of the pandemic on the Criminal Justice System’. We briefed members of the Committee ahead of the session.
We continue to work on various Bills, including the Domestic Abuse Bill, which are currently going through the Houses.
|
|
Consultation responses: hate crime & harmful online communications
|
The Bar Council has responded to the Law Commission’s consultations on hate crime and harmful online communications. The remit of the Law Commission’s review and consultation, principally, is whether existing offences are adequate and sufficiently comprehensive to cover misconduct as a result of new computer and internet technologies. More particularly, its concern is whether current offences and sentencing powers fail to provide adequate protection to certain categories of vulnerable people targeted by misconduct, especially those suffering from an identified disability.
The Law Commission’s main focus concentrates on examining the legal test for hate crimes.
Regarding harmful online communications, the Bar Council was content with the Commission’s proposal that a specific offence should be introduced to address hoax calls to the emergency services. Whilst the offence of wasting police time is a type of public justice offence (for which the CPS has published guidance for Crown Prosecutors), the Bar Council doubted that the offence for which section 5(2) provides is a complete answer to the kinds of misconduct discussed in the consultation. Section 5(2) is not a bespoke communications offence, whereas the existing offence for which section 127(2)(c) provides, is and presently covers hoaxes. If a new communications offence is necessary, the Bar Council agrees with the Law Commission’s proposed introduction of a specific communications offence.
|
|
|
Guest blog: Charting a non-traditional route to the Bar
|
 From raising funds for 9/11 victims in New York, to commuting at 4am from London to Nottingham to attend lectures, Victoria Alicea, a UK and US national currently undertaking a tax pupillage, writes of her journey to the Bar: “I knew this journey would not be easy. Many said it was unachievable. So instead of listening, I enrolled on the GDL and got a part time job to pay for it.”
|
|
Bar Council Ethics Committee
|
The Bar Council are seeking two practising barristers to join its Ethics Committee. One vacancy is for a senior barrister specialising in commercial/chancery law. The second vacancy is for an employed barrister.
|
|
Join our Covid-19 and the Courts Q&A
|
Following the success of last year’s online finance Q&A, employment law Q&A and pupillage Q&A, the Bar Council will be hosting a virtual Covid-19 and the Courts Q&A on Wednesday 10 February 2021 at 17:30. During the event our expert panel – Chair of the Bar, Derek Sweeting QC, HHJ Rosalind Coe QC, CBA Chair, James Mulholland QC, and Chair of the Bar Council’s Young Barristers’ Committee, Joanne Kane - will be discussing matters relating to the safety of practitioners in court and tribunal buildings, the acceleration of the pre-Covid backlog and how it might be addressed, and the measures that are being taken by the representative bodies to make the case for improved funding throughout the justice system.
Register your free place before Friday 5 February 2021 by following this link.
|
Social Context of the Law Series: Prison Reform
2 February 2021, 17.30-19.00
|
The Rev’d Jonathan Aitkin (Conservative MP [1974–97], former cabinet minister and author) and Chris Daw QC (Barrister at Lincoln House Chambers and author). Moderated by Libby Purves OBE (British radio presenter, journalist, author and Inner Temple Bencher). Followed by Q&A. Free to book www.innertemple.org.uk/socialcontext
|
|
Inner Temple Reader’s Lecture Night
15 February 2021, 18.00-19.30
|
Professor Leslie Thomas QC (Barrister at Garden Court Chambers, Gresham College Professor of Law and Inner Temple Bencher): What Does It Mean to Be Anti-Racist in a Profession Full of Privileged People? Followed by Q&A. Open to members of the four Inns. Free to book http://www.innertemple.org.uk/feb21-lecture
|
Inner Temple Reader’s Lecture Night
8 March 2021, 18.00-19.30
|
Dr Carmen Draghici (Assistant Dean, City Law School, Academic Fellow): The Absolute Ban on Assisted Dying and Lessons from Canada. Followed by Q&A. Open to members of the four Inns. Free to book http://www.innertemple.org.uk/march21-lecture
|
|
BBA – Gift Aid your donations
|
If you already donate to the Barristers’ Benevolent Association please check with the BBA that your home address is held on file. Due to gift aid legislation the BBA must hold a home address to claim gift aid on donations you have paid. The BBA could be losing out on an extra 25 per cent from your donation. Either or contact the BBA office direct to check whether we already have your home address.
|
The Bar Council (England and Wales) · 289-293 High Holborn
London, London WC1V7HZ · United Kingdom
|
|
|
|
