CRIME: An Introduction

2025: Trimming Sails

Whether positive or negative, below are examples of useful metrics that should inform the Bar’s perception of reality and overall awareness. It should be a given that legal practices can adapt more effectively to reality, and that a data-led decision-making culture is encouraged. Too often decisions at management level are based on personal perception alone, with inevitably poor outcomes of unintended bias in decision making processes.

Plus ça change, plus c'est la même chose?

The industry sector remains much as it was and therefore that outlined application of management principle and resource remains much the same. Plus ça change, plus c'est la même chose?The BSB’s Annual report says that there are 238 more barristers this year than there were a year ago. That (small) growth is despite the profession’s doom-mongering reports of its own demise (for the 34 years since the Courts and Legal Services Act 1990 and then the Legal Services Act 2007). The other standout numbers from Bar Standards Board’s report show that more than 52% of pupil barristers are women, a figure that represents some 41% of the overall profession and only 20% of King’s Counsel. Over 22% of pupils are from ethnic minority backgrounds, compared with 16% of the entire profession and 10% of silks.

The Institute for Government's performance tracker

The Institute for Government’s performance tracker (2023) on the criminal courts has equally useful insight on the oft-discussed backlog, now nearer 67,000 cases. In summary, it flags shortcomings with buildings and technology, courts’ inability to make use of reduced available sitting days and the increased complexity of cases with allied scheduling unpredictability. Given the expectation that the number of complex cases will continue to rise, this means that productivity may continue to decrease. The IFG’s stark prognosis is that ‘declining efficiency, coupled with rising demand, has led to the crown courts receiving more cases than they have been able to process for the last four years and the size of the case backlog growing dramatically.’

Return of the Glitterball

As a welcome change to the grinding of grist, in June 2024 Furnival Chambers hosted our (valedictory) ‘Return of the Glitterball’, a dance competition in support of Macmillan Cancer Support, attended by some 750 barristers, solicitors, judges, clerks and practice managers. Judges were Craig Revel Horwood, Janette Manrara, Aljaž Škorjanec and Rob Rinder. Stephen Moses KC, father to the ‘Strictly’ brainchild, would agree it’d not be stretching an analogy to sound practice management. Key to success, notwithstanding spray tans and teeth by Armitage Shanks, was clear communication, leadership, timing and rhythm.

We all try to catch the music’s mood and run a harmonious and co-ordinated show. Jailhouse Rock, anyone?

2024: Headwinds and Tailwinds: Never Let a Crisis Go to Waste

The backlog of 64,000 cases remains, a year on from the settlement of terms of Lord Bellamy’s review of criminal legal aid – a review that was not fully implemented at the time (the increase was applied only to new cases starting from the end of September 2022, a position reversed by Brandon Lewis KC during his time as Justice Secretary). The disparity created in pay for prosecution work has caused an inevitable dearth of barristers willing to prosecute. This is especially so for rape and other sexual offences, with the CPS plugging the gap by instructing (expensive) KCs.

Barrister Training Programme

The situation is exacerbated by a relative shortage of trained barristers, caused in part by a decline in enrolment in the expensive Barrister Training Programme – after which barristers often face a period of unpaid or low-paid work in order to gain experience. Compounding this, the demanding nature of a barrister's job, including long hours, high stress levels and frequent travel, has led to concerns about work-life balance and overall well-being. The legal profession, like many others, faces issues related to retention. Some barristers leave the profession due to burnout or dissatisfaction, or to pursue alternative career paths.

The Bar's brand

The Bar defines its brand as offering highly trained, specialist barristers that offer lay and professional clients the oft quoted and laboured “gold standard of advocacy”. Circumstance therefore puts much of the onus upon the effective governance of Chambers, to square the circle of meeting this larger demand, without compromising quality. Achieving that outcome may equally help achieve broader benefits within the sector and wider society – avoiding delays in criminal proceedings, increasing access to justice and maintaining diversity and inclusion (in line with the widely accepted view that a lack of diverse representation among barristers can hinder the fair administration of justice).

Entirely digital

Operationally, the most effective criminal Chambers have structures in place to allow them to be entirely digital, synchronising diary, video, email, AI and data-sharing/storage platforms. That metamorphosis in practice culture is a result of a combination of factors, but chiefly the realities of an external workload and data sources, rather than the clear benefits of using Chambers' technological and data resources. Whatever the chicken and egg, the mechanics of effective and secure digital data and communication structures have been embraced by almost all practitioners, allowing far greater flexibility and live diary knowledge. (Long past is the overheard sotto voce frustration “all he can click and drag are his fingers and knuckles”.) This technological change (especially remote computing) has allowed considerable portability of practice, triggering an evolution in practitioners’ professional lives over the last decade. This recalibration also benefits them directly in reduced individual practice costs.

The human challenge

The greater challenge to clerks’ rooms remains human. For instance, the necessity of greater Court Video Platform use in turn requires sound communication, tact and planning when dealing with listing offices and the Judiciary. Chambers managers must constantly articulate the costs of risk (the well-publicised cyber-attacks in several Chambers in 2021 are illustrative), not to mention the consequence of failure to comply reasonably with regulatory bodies. Much compliance and redundancy are defaulted into hosted systems, notwithstanding the clear benefits to the user and – most importantly – the client.

Squaring the circle

However, squaring the circle is by definition impossible. Remote practices can leave junior practitioners feeling isolated. Back in the day, the intangible benefit of direct daily informal, pastoral contact with senior practitioners was especially valued (this ranged from technical procedural knowledge to “don’t worry – even the dogs in the street know that Judge is a fruitcake”… discussion often lubricated via a glass or two of Milk of Amnesia).

Training is key

Further to a fair and inclusive recruitment process, training is key. Furnival Chambers delivers a structured, weekly advocacy training programme, led by a silk, for all its pupils. Beyond their pupillage award, all pupils received a zones 1-6 Travel Card for their first year. Furthermore, we encourage a “godparent”’ system whereby pupils can be mentored by a junior barrister. The collegiate spirit is consolidated further by monthly social events (Furnival Chambers adjoins a brasserie, as well appointed as it is well run.) A generous cashflow relief for returning mothers aids the retention of highly trained and experienced barristers – along with their professional contacts. In step with belief in equal opportunities for all and to promote diversity at the Criminal Bar, Chambers offers four funded (GBP500) five-day mini-pupillages between 1 June and 1 September, with the aim of attracting young people who would otherwise have been unable to carry out an unpaid mini-pupillage and providing an introduction to a career at the Bar. It is hoped the scheme will help broaden horizons and ambition by giving mini-pupils confidence in a professional environment and increase diversity in under-represented areas of the profession. Engagement with 10,000 Black Interns and similar schemes also helps, with an emphasis on setting targets and not just meeting quotas.

Practice makes perfect?

No practice governance is perfect. Progressive chambers will testify that such engagement with individual practices achieves practical and commercial benefits, whatever the risk of the perceived ESG virtue-signalling, or green-washing. Rather, real-world policy application allied to technical solutions greatly improves service delivery and simultaneously presents their own people with a sustainable future.