The CBA published a survey of its members this week, which found 64% of prosecutors intend not to reapply to be on the RASSO list, and 66% of defence counsel no longer want to conduct RASSO cases. Six out of ten respondents cited poor fees as a reason and half pointed to the detrimental impact on their wellbeing.
The CBA has issued an urgent call for increased fees in this area.
CBA chair Tana Adkin KC said: ‘The human cost for victims of these crimes as well as innocent defendants is beyond financial measure.
‘RASSO cases have been undervalued and underpaid for decades in comparison with other criminal offences. It is time remuneration was increased so that dedicated criminal barristers are able to build proper careers in this specialist field.’
RASSO cases account for nearly 9,800 cases in the Crown Court backlog, which stood at 66,547 as of 30 September 2023—roughly one in seven of backlogged cases. The CBA highlights that the average wait for a bailed rape trial to conclude since an alleged offence is about five and a half years, including an 18-month wait on average from charge to trial completion. However, the CBA has had reports of trial dates being set for the end of 2026 for rape offences charged in 2022.
The CBA said that in the first nine months of last year, 976 RASSO trials were adjourned on the day they were due to begin, 87 due to no prosecution advocate being available and 97 due to no defence advocate being available.
Bar Council chair Sam Townend KC said the ‘horrifying personal experiences’ behind each case took a ‘toll on anyone doing the essential work to put these cases to a fair trial’.
