A seven-day snapshot survey commissioned by the Criminal Bar Association (CBA) and conducted by Professor Katrin Hohl, City of St George’s, University of London, received a weighty response, with 2,029 criminal barristers taking part.
In her Monday Message this week, CBA chair Mary Prior KC said 93% opposed removing the right to appeal a judge’s decision to move a case to the new Crown Court Bench Division (CCBD) rather than offer a jury trial, and 78% opposed judge-only trials for complex and serious fraud.
Some 92% and 91%, respectively, opposed allowing CCBD cases to include sexual offences against children, and sexual offences against adults.
84% opposed the removal of a defendant’s automatic right to appeal against conviction from the magistrates’ court, and 86% were against CCBDs hearing cases involving violence against women and girls, including stalking and voyeurism.
Sir Brian’s 388-page Independent Review of the Criminal Courts: Part 1, published last month, proposed that defendants facing a maximum sentence of two years or less be able to opt out of jury trials and instead be heard by a judge and two magistrates—a new court division, the CCBD. He suggested defendants lose the right to an automatic right to appeal and that jury trials be dispensed with for serious and complex fraud cases.
Asked for their top two priorities for the justice system, 82% of CBA members said increasing Crown Court sitting days, and 71% said increasing court efficiency by ensuring prisoners reach court in time, Wi-Fi, audio and video equipment works and any interpreters required are present. 27% said Crown Court judges should have a background in criminal law, and 10% voted to fix the leaks, lifts and other building disrepairs.
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