Attached is a letter from Greg Powell to Lady Macur, the Senior Presiding Judge which makes clear the challenges Solicitors face as a result of the withdrawal of many Counsel from post 1/4/18 Crown Court cases.
https://www.lccsa.org.uk/letter-to-justice-macur-dbe/
Where representation cannot be found, timely communication with the Court is essential. In straightforward cases it may be possible to complete the PTPH and for the Court to timetable a NG plea. In other more complex cases the input of trial Counsel will be imperative. We are encouraging a pragmatic and reasonable approach by Judges given this is not a dispute of our making.
There is no substitute for an advocate (some have proposed a written note of mitigation) at sentence. It is to be hoped that Courts will be encouraged to be flexible with listings so that an advocate can be arranged. Bail is a crucial matter and as the letter makes clear our clients’ interests are paramount and bail applications will take priority.
We have recognised that restoring value in the CJS is long overdue. We have separately written to the MOJ to make clear that we would expect to be invited to any future discussions of the AGFS. Our representatives opposed the scheme advanced by the Bar which was hugely to the disadvantage of Junior Counsel and many HCAs.
We are opposed to the notion of ‘cost neutral’ adjustments of schemes which are, because of inflation, eroded in value.
We await clarification from the CBA as to what precise changes the CBA seek. We will also be pressing for an invitation from the MOJ and/or The Law Society, The Bar ouncil or CBA to participate in any negotiations of an outcome to this dispute and changes to the AGFS scheme.
We also attach the Advocacy Statutory Framework summarised by the CBA and it must be made very clear that it is improper to expect those without Higher Rights to ‘advocate’ in the Crown Court.
https://www.lccsa.org.uk/cba-advice-re-the-statutory-framework-for-advocacy/
Sara Boxer
LCCSA Administrator
07974 395 156
