Criminal Court quarterly update to 30/9/2023 published 14/12/2023 Chair Tana Adkin KC comments:
The public needs to have faith in our criminal justice system, that every complainant, defendant, witness and participant is dealt with fairly, with courtesy and without delay.
We should be proud of the representation and advocacy criminal barristers are delivering across England and Wales under the huge pressure of historic delays to criminal cases.
Delays in bringing cases to trial are symptomatic of an underfunded criminal justice system with poor regard for the people needed to bring cases to a just conclusion.
The conviction rate for rape offences, once charged, remains high when compared to other offences and has done so for more than a decade. Complainants in rape and sexual offence cases need to know that they will receive sensitive and fair treatment in our courts and that their cases will not be delayed for years.
Cases are being listed and not called on due to lack of court time, lack of a judge or lack of a barrister to prosecute or defend. Witnesses, complainants and jurors are kept waiting for the prison bus that never comes or have to travel to another court miles away where there are no refreshments or water starts to come in through the roof.
Criminal barristers who specialise in rape and serious sexual offences (“RASSO”) are proud to prosecute and defend these often traumatic cases involving sometimes the most vulnerable of witnesses. However we need government to respect and invest in the expertise of the barristers who chose this work. RASSO cases require the most skilled barristers to conduct them, are witness intensive and require detailed and careful preparation at an early stage. The fees do not reflect either the seriousness or the nature of the work involved.
The Criminal Bar are developing a RASSO training programme that will ensure excellence across the board in representation and presentation of RASSO cases but in return there must be equitable treatment of Prosecution and Defence barristers and their dedication needs to be recognised.
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