*/
THE new Chairman of the Criminal Bar Association (CBA), Paul Mendelle QC, has called for the Government to re-think its approach towards the publicly-funded Bar. He is taking over as Chairman of the CBA, which represents over 3,600 criminal barristers and is the largest specialist bar association in England and Wales. Commenting on the year ahead, Mr Mendelle said:
“I am acutely aware of the challenges which face the Criminal Bar. Self-employed, publicly-funded barristers work incredibly hard and their very long hours of work outside the court sitting day are rarely seen or appreciated by critics. They provide highly-skilled, cost-effective advocacy to the public and that we possess a criminal justice system of such fairness is in large part due to the excellence of the representation available equally to both prosecution and defence.
My task in the next twelve months will be to work with Government and other agencies to protect the public interest in maintaining this standard so that all members of society, especially the most vulnerable, have proper representation when they are involved in the justice system.” Mr Mendelle begins his year-long term just days after the Ministry of Justice announced plans to cut the legal aid budget further, slashing the rates for defence work. Mr Mendelle said of these plans:
“Ill-considered and cavalier cuts, such as those proposed recently, seek to drag defence fees down to levels that are already considered by many to be inadequate. They will fall heavily on younger barristers, most of whom are burdened by the large debt they incurred in higher education before coming to the Bar. This will result in fewer and fewer talented young people, especially those from disadvantaged backgrounds, practising at the publicly-funded Bar, and will greatly reduce diversity in the profession, something which the CBA has worked so hard to promote. The legal landscape is changing ever more quickly in the wake of the Legal Services Act 2007; indeed, the Ministry of Justice appears to have torn up the recommendations for incremental and considered change set out in the Carter Report 2006. As Chairman of the CBA part of my role is to try to help steer the Criminal Bar through these challenging times. The Bar has modernised and will continue to modernise, responding quickly and effectively in a rapidly-changing environment, but change must never be imposed at the expense of the justice system of which we are so rightly proud.”
In particular the Working Group highlights the tension between the LSB’s belief in the potential benefits from the liberalisation of the market for legal services despite a lack of any real evidence as to how the market might change, and the effect this would in turn have on consumers. The discussion paper also suggests a prioritisation of promotion of access to legal services at the expense of promoting access to justice.
Commenting on the response, Desmond Browne QC, Chairman of the Bar, said:
“The Bar Council welcomes in principle the introduction of Alternative Business Structures and the opportunity to provide innovative solutions to changes in the demand for the provision of legal services. There may, however, be tension between liberalisation of the market, and the core principle of providing effective access to justice. It is right, therefore, to advance with caution.
For this reason, the Working Group, in its response to the Legal Services Board’s wide-reaching and thought provoking discussion paper, advocates a pragmatic and proportionate approach to the liberalisation of the market. Such an approach will better enable the licensing regime to adapt to changes in the market as they occur, benefitting both regulators and providers of legal services, whilst that ensuring the public interest is properly protected.”
My task in the next twelve months will be to work with Government and other agencies to protect the public interest in maintaining this standard so that all members of society, especially the most vulnerable, have proper representation when they are involved in the justice system.” Mr Mendelle begins his year-long term just days after the Ministry of Justice announced plans to cut the legal aid budget further, slashing the rates for defence work. Mr Mendelle said of these plans:
“Ill-considered and cavalier cuts, such as those proposed recently, seek to drag defence fees down to levels that are already considered by many to be inadequate. They will fall heavily on younger barristers, most of whom are burdened by the large debt they incurred in higher education before coming to the Bar. This will result in fewer and fewer talented young people, especially those from disadvantaged backgrounds, practising at the publicly-funded Bar, and will greatly reduce diversity in the profession, something which the CBA has worked so hard to promote. The legal landscape is changing ever more quickly in the wake of the Legal Services Act 2007; indeed, the Ministry of Justice appears to have torn up the recommendations for incremental and considered change set out in the Carter Report 2006. As Chairman of the CBA part of my role is to try to help steer the Criminal Bar through these challenging times. The Bar has modernised and will continue to modernise, responding quickly and effectively in a rapidly-changing environment, but change must never be imposed at the expense of the justice system of which we are so rightly proud.”
In particular the Working Group highlights the tension between the LSB’s belief in the potential benefits from the liberalisation of the market for legal services despite a lack of any real evidence as to how the market might change, and the effect this would in turn have on consumers. The discussion paper also suggests a prioritisation of promotion of access to legal services at the expense of promoting access to justice.
Commenting on the response, Desmond Browne QC, Chairman of the Bar, said:
“The Bar Council welcomes in principle the introduction of Alternative Business Structures and the opportunity to provide innovative solutions to changes in the demand for the provision of legal services. There may, however, be tension between liberalisation of the market, and the core principle of providing effective access to justice. It is right, therefore, to advance with caution.
For this reason, the Working Group, in its response to the Legal Services Board’s wide-reaching and thought provoking discussion paper, advocates a pragmatic and proportionate approach to the liberalisation of the market. Such an approach will better enable the licensing regime to adapt to changes in the market as they occur, benefitting both regulators and providers of legal services, whilst that ensuring the public interest is properly protected.”
THE new Chairman of the Criminal Bar Association (CBA), Paul Mendelle QC, has called for the Government to re-think its approach towards the publicly-funded Bar. He is taking over as Chairman of the CBA, which represents over 3,600 criminal barristers and is the largest specialist bar association in England and Wales. Commenting on the year ahead, Mr Mendelle said:
“I am acutely aware of the challenges which face the Criminal Bar. Self-employed, publicly-funded barristers work incredibly hard and their very long hours of work outside the court sitting day are rarely seen or appreciated by critics. They provide highly-skilled, cost-effective advocacy to the public and that we possess a criminal justice system of such fairness is in large part due to the excellence of the representation available equally to both prosecution and defence.
Chair of the Bar reflects on 2025
Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
Revolt Cycling in Holborn, London’s first sustainable fitness studio, invites barristers to join the revolution – turning pedal power into clean energy
Rachel Davenport, Co-founder and Director at AlphaBiolabs, reflects on how the company’s Giving Back ethos continues to make a difference to communities across the UK
By Marie Law, Director of Toxicology at AlphaBiolabs
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Six months of court observation at the Old Bailey: APPEAL’s Dr Nisha Waller and Tehreem Sultan report their findings on prosecution practices under joint enterprise
Despite its prevalence, autism spectrum disorder remains poorly understood in the criminal justice system. Does Alex Henry’s joint enterprise conviction expose the need to audit prisons? asks Dr Felicity Gerry KC
With automation now deeply embedded in the Department for Work Pensions, Alexander McColl and Alexa Thompson review what we know, what we don’t and avenues for legal challenge
Why were some Caribbean nations given such dramatically different constitutional frameworks when they gained independence from the UK? Dr Leonardo Raznovich examines the controversial savings clause