header-logo header-logo

16 June 2020
Issue: 7891 / Categories: Legal News , Profession , Criminal
printer mail-detail

Keeping criminal lawyers afloat

CBA chair reports on ‘cracked trials’

The Criminal Bar Association (CBA) has reported progress in talks on fees for ‘cracked trials’ and ‘section 28 cases’.

In her latest message to members, CBA chair Caroline Goodwin QC said the Crown Prosecution Service (CPS) agreed in a meeting this week ‘to look at a range of factors which when considered will mean that a case will be paid as cracked’. A cracked trial is one that’s been listed but does not proceed, for example, where the defendant changes their plea or evidence is withdrawn. However, the trigger point for a case to be classified as ‘cracked’ has been obscured by the change in court practice during the COVID-19 pandemic.

Goodwin said barristers can now claim their daily £480 or £520 trial hearing fee for cases listed for a s 28 hearing as soon as the hearing is completed, rather than having to wait until the whole trial concludes.

She said both changes would apply to claims from next week.

Meanwhile, the Law Society has called for immediate action to save the justice system as ‘criminal legal aid law firms continue to go under at an alarming rate’.

As of 3 June, government figures show 1,147 firms held a criminal legal aid contract, 10% less or 124 fewer than the 1,271 firms with contracts in 2019, and far fewer than the 1,861 firms in 2010.

Simon Davis, the Law Society president, said: ‘The Ministry of Justice must take action to address this extremely disturbing fall in the number of criminal legal aid law firms―a situation which is only likely to spiral in the current circumstances.

‘If the criminal defence sector collapses, the government will be forced to rebuild it via a public defence service, which would cost the taxpayer far more and is not what a proper system of justice deserves.’

Issue: 7891 / Categories: Legal News , Profession , Criminal
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll