CBA Monday Message

Chairman's Update:
Francis FitzGibbon QC

AGFS
The Consultation closes on 2nd March (though the MOJ will continue to monitor its emails for a short while afterwards to pick up latecomers: AGFS_Consultation@justice.gsi.gov.uk).

To help us to understand the thinking behind the proposals, the methodology, and the meaning of ‘cost neutrality’, Professor Chalkley has written this paper. You will find it highly informative.

It is vitally important for as many members as possible to respond individually to the consultation, whatever your views, by answering the questions as they appear on the consultation paper. If comments are negative, it is important to give reasons for them. Just objecting to reductions – where there are reductions – will make no impression. On the other hand, if you feel (as I do) that, for example, some of the categories and bandings need adjustment, and the rates for some junior work are too low, because otherwise progress to make the profession more diverse will be hindered, that is an argument based on something more than just the money and is more persuasive.

Prisons & Courts Bill
Hot on the heels of the MOJ’s final response to the responses to the Consultation Paper (see Chairman’s Message on 13th February), the Lord Chancellor has launched the Prisons & Courts Bill. Its centerpiece is prison reform but it has provisions for greater use of video or phone conferences and email for many hearings, and more live-links for witnesses.

Other measures include:

indications as to plea (but not the plea itself) and choice of venue may be given in writing without a hearing.
Allocation decisions may then be made without the defendant attending.
Preparatory hearings may be conducted on paper only.

The Bill also introduces the optional, fully automated online guilty plea and sentence procedure for strict liability offences of fare evasion, and unlicensed rod-and-line fishing.

PACE Codes of Practice C & H
The new Codes can be found here.

Section 41
Professor David Ormerod QC will be giving a lecture at the Old Bailey on 21st March at 17.30 on Section 41 – does Ched Evans change anything? If anyone knows, he does. Unmissable.

Jonathan Davies
A memorial for Jonathan Davies will be held on 15th March 2017, 6-9pm, at the Parliament Chamber, Middle Temple.

Yours,

Francis FitzGibbon QC
Chairman
The Criminal Bar Association
E: f.fitzgibbon@doughtystreet.co.uk

CBA Events:

The March Lecture:
'Forensic Science'
7th March 2017
17.30 - 18.30
1 CPD
Old Bailey Bar Mess
Guest Speaker:
Dr. Gillian Tully
Secure your place HERE

Late March Lecture:
'Section 41 - does Ched Evans Change anything?'
21st March 2017
17.30 - 18.30
1 CPD
Old Bailey Bar Mess
Guest Speaker:
Prof. David Ormerod QC
Secure your place HERE

A Dinner in Honour of the Retiring Old Bailey Judges:
19th May 2017
19.15 Drinks Reception
20.15 Dinner
Vintners's Hall, London
£95.00
Secure your reservation HERE

CBA Conference:
'Expert Evidence'
20th May 2017
09.00 - 16.00
6 CPD
IET Savoy Place
Further details will be announced shortly.

CBA News:

The Kalisher Trust and Amicus Internship:
The Kalisher Trust and Amicus, a London-based charity that helps represent those facing execution in the US, are pleased to offer this paid opportunity to undertake vital capital defence casework.

The successful intern will spend 3-4 months (start date to be discussed at interview) in an Amicus affiliate capital defence office in the US. Typical tasks include research, drafting, visits to death row and interviews of jurors or family members. He or she will be awarded £5,000.

Further information and how to apply is available HERE.

BCM-DCS:
Please complete this online collating tool and with your assistance we can relay the data back to those who are able to make improvements.

Early Starts in Court:
The CBA is aware of particular instances, and now we ask you to complete this survey to get a broader picture. Sadly, the response to the last survey was on the thin side – if you want action, we need evidence, and that must come from you, so if you are having bad experiences with listing, please let us know. It’s doubtful if better through-put statistics improve the quality of justice.

Scholarships:

Gray's Inn Maintenance Award:
Applications are now open for the Gray’s Inn Post Pupillage Maintenance Award 2016/17. A scholarship award of up to £7,500. of equal or of lesser value.

The application deadline is 10 March 2017.

Further information and the application form can be found on the Gray’s Inn website.

CBA/BC International Award Programme:
The International Legal and Professional Development Grant Programme allows barristers of seven years practice or less to apply for financial assistance to participate in international legal events of their choice, which contribute to their professional development and help them to thrive in an increasingly globalised legal market. Grants of up to £2,500 can be applied for and applicants must be a fully qualified barrister, working in an employed or self-employed practice, and a member of one of the supporting Specialist Bar Associations or Circuits.

More information can be found here.

SEC Advocacy Scholarship - Junior:
Four Scholarships are available for junior members of the South Eastern Circuit of up to seven years’ Call to attend the Florida Advocacy Course at the University of Gainesville, Florida from Sunday 30 July to Friday 4 August 2017.

The application deadline is 2 June 2017.

Further details and how to apply can be found on the SEC website.

SEC Advocacy Scholarship - Silk:
The South Eastern Circuit seeks a Silk with a criminal practice to attend the South Eastern Circuit Florida Criminal Law Advocacy course, held at the University of Florida, Gainesville, from Sunday 30 July to Friday 4 August 2017.

The application deadline is 1 May 2017.

Further details and how to apply can be found on the SEC website.

CBA Advocacy Scholarship:
Applications are now open to apply to attend the SEC Advanced Advocacy Course from 28th August - 2nd September.
Scholarship awards up to £1,000 are available.

Full details and booking information HERE.

CBA Discounts:

Archbold 2017 – In use in all Crown Courts
Thomson Reuters are delighted to offer a 55% discount on the 2017 edition of Archbold to all pupil barristers and new tenants who are within five years of call.
Don’t miss out on the brand new Sentencing Guidelines volume. Archbold is so much more than just a book. Download your special order form HERE.

Blackstone’s Criminal Practice 2017 – pre-order today
Oxford University Press is delighted to offer members of the CBA a discount of 20% off Blackstone’s Criminal Practice 2017 .
Blackstone’s Criminal Practice remains your single point of reference for the criminal courts.

The full digital pack includes not just the book and updating supplements, but also an App for use on iPad or iPhone, and an eBook for use on PC and Mac.
The book and digital pack can be purchased directly HERE
Discount code ALFLY5F

Oxford University Press:
15% Discount on various titles

Bloomsbury Publishing:
30% discount off Bloomsbury Professional titles

Visit the website and quote TOCBA16 at the checkout.

Details on all offers available HERE

Other Events:

Offender Management:
Wednesday 29th March 2017 08:45 - 16:40
Hallam Conference Centre, Central London

This Forum will provide participants with professional guidance on how best to manage and rehabilitate offenders. Through policy updates and best practice case studies, delegates will analyse successful, innovative methods for improving offender management.

20% off for CBA members. Contact Daniel Evans on 0203 770 6621 or Daniel.evans@Insidegovernment.co.uk and quote CBA20 to qualify.

The Disappearance of Miss Bebb:
Sunday 2nd April
Middle Temple Hall
From medieval times to the early twentieth century the view of women in relation to the Law was ‘on the bench, in the jury box, THERE IS NO PLACE FOR THEM’. In 1913 Gwyneth Bebb, top law student of her year at Oxford (and the only woman), challenged The Law Society’s refusal to allow her to become a solicitor purely on the basis of the ‘disqualification of sex’.
Full details and booking procedure here.

Access to Justice for Vulnerable People:
TAG 2nd International Conference
Friday 2nd and Saturday 3rd June 2017
The Law Society, London
Register your interest HERE
or contact Linda Hunting lhunting@icca.ac.uk Tel: 02078220765

The South Eastern Circuit Advanced International Advocacy Course:
28th August - 2nd September 2017
Keble College, Oxford
Scholarships available to members of the publicly funded Bar.
Full details and booking information HERE.

Wellbeing at the Bar:

Law Care:

LawCare provides an independent and confidential service which assists members of the Law Societies of England and Wales.

Further information is available through their website HERE

Criminal Law Week
Update (Issue 8)

Key updates from this week’s issue of Criminal Law Week:

Amicus curiae - circumstances in which an amicus curiae can be appointed: R. v. Holloway, C.A. (CLW/17/08/1).

Witness anonymity - whether defence must in all instances disclose the identity of a witness to the prosecution, as well as the court, when making an application under section 87 of the Coroners and Justice Act 2009: R. v. Sardar, C.A. (CLW/17/08/2).

Common assault - whether the dismissal of a case under sections 44 and 45 of the Offences against the Person Act 1861 on the grounds that an assault or battery was “so trifling as not to merit any punishment” applies only to private prosecutions: Austen v. C.P.S., D.C. (CLW/17/08/4).

Sentencing - latest part of the Criminal Appeal Reports (Sentencing) digested, including cases on blackmail (and stalking), manslaughter, murder, rape of a child under 13 and lodging fresh grounds of appeal against a sentence reduced under section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 (CLW/17/08/6-14).

Administrative Court Digest - latest part digested, including several cases on extradition (passage of time, absence of prosecution decision, human rights, arrest warrants) and appeals from tribunal decisions on criminal injuries compensation (CLW/17/08/15-22).