“Swift justice” requires realistic resourcing says Bar Council Chair

The Prime Minister's commitment to "swift justice" and the missions on public safety and economic growth can only be realised if it commits more resources to the justice system, according to the Bar Council.

In its submission to the multi-year Spending Review this week, the Bar Council sets out 5 priority areas that the Treasury should consider, with clear with proposals that require government funding, including:

• Removing the cap on court sitting days to help tackle the court backlogs
• Match-funding 100 criminal pupillages (barrister traineeships) a year to ensure there are enough barristers for the caseload
• Immediate uplift of 15% in criminal fees for barristers and the establishment of an independent fee review body to sustain the publicly funded Bar long term
• Capital spend to repair and rebuild the court estate and a long-term infrastructure plan
• Removing means testing for legal aid for both parties in cases involving domestic abuse
• Funding measures to tackle violence against women and girls in the family court system, as well as in criminal courts
• Restoring legal aid for early legal advice to improve access to justice and save costs to the public purse

The Bar Council's call for more resources is set against the backdrop of a 22.4% decrease in public spending on the justice system under the last government (2009/10 to 2022/23) as it has been an 'unprotected department' within the government.

Data also reveals that legal services is a growth sector. Revenue generated by legal activity grew by around 60% over the last decade to £43.7bn - making a huge contribution to UK PLC. Legal services are the foundation for economic growth and confidence in many business and commercial sectors is based on a properly functioning legal system.

Commenting on the package of proposals, Sam Townend KC, Chair of the Bar Council said:

"Justice is a vital public service that should be resourced in line with the demands made of it. We saw in the response to the summer riots that the public wants and expects swift justice.

"We support the government in its missions to reduce violent crime and violence against women and to boost economic growth. This can only be achieved if we have a strong and properly functioning legal system.

"Our Spending Review submission sets out the resources required to improve access to legal advice and representation, to fix the physical court estate, to tackle the court backlogs and to ensure we have enough barristers to undertake publicly funded work in the future.

"We recognise that the government is looking for cost savings from every department. But having suffered the consequences of a 22% cut under the last government, justice simply cannot afford to be cut any further.

"In the context of overall government spending, the resources needed to fix the foundations of the justice system are very small. In fact, research shows that investment in early legal advice actually saves the Treasury money.

"The effects of insufficient resources are plain to see - record backlogs in all jurisdictions, a crumbling court estate and unacceptably long waiting times for cases to be heard. And in the wake of the prisons crisis, it is essential that the government uses the opportunity of the Spending Review to rebuild confidence in the whole system."

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