The next government must axe delays to jury trials and commit £2.48bn in extra spending to prevent “structural failure” in the criminal justice system, barristers have said.
The Bar Council is lobbying for a Royal Commission on the whole criminal justice system in the next Parliament, to fix the record backlog of cases, overcrowded prisons, and rampant delays in cases getting to trial.
In its “Manifesto for Justice”, published on Tuesday, the organisation said justice policy has hit a “dead end” and it issuedan eight-point plan for reform.
The major political parties have been challenged to commit to cut delays in Crown Court trials down to just six months.
“It is time for a total rethink”, said Bar Council chair Sam Townend KC.
“The justice system is the fundamental public service upon which our society is based. The government should invest properly to ensure public safety and in order for justice to be served. “Proper investment would, in fact, save costs across public services. Thefailure to invest has been at the personal cost of all those who rely on afunctioning justice system – victims, defendants, children, tenants, consumers and businesses.”
The Manifesto sets out that political rhetoric about tackling crime, new laws, and longer prison terms “must be backed by proper resources”.
“Otherwise, it is yet more pressure on a system that is already at the point of structural failure.”
The Bar Council, which represents barristers across England and Wales, wants a promise that Crown Court trials will be listed to start within six months of the first hearing.
The manifesto demands that justice is placed alongside health and education in the political pecking order, as a “vital public service” and a “foundation stone of a good society”.
Both Labour and the Conservatives have yet to set out substantial law and order plans, but will be under pressure during the General Election campaign to guarantee substantial financial backing for a justice system in crisis after years of decline and underfunding.
The criminal court backlog is now over 67,000 cases, with victims, witnesses, and defendants sometimes having to wait more than two years for a trial date. The estimated bill to repair the country’s courts is over £1 billion.
The Bar Council says £2.48bn in extra funds is needed for justice, to resort confidence in the system and arrest the decline in numbers of lawyers working in the sector.
It is urging the next government to ditch the “siloed approach to public investment”, which sees departments competing for funds and has led to substantial cuts to justice.
And the Bar Council urged politicians to “uphold, respect, and promote the rule of law” after years of attacks by Conservatives on the legal profession.
Rishi Sunak has repeatedly referred negatively to Sir Keir Starmer, the former Director of Public Prosecutions, as a “leftie lawyer”.
Lawyers and judges have also been attacked over the Conservatives’ controversial Rwanda deportation policy, which was mired in delays as it faced a series of legal challenges. When the Supreme Court concluded the scheme may put asylum seekers at risk, the government brought in a new law to declare the East African nation “safe”.
There has also been growing talk of Britain pulling out of the ECHR, which critics say would be a blow to the Rule of Law in this country.
“We are calling for every politician to commit to upholding the rule of law”, said Mr Townend.
“Recent repeated attacks on the legal profession and on the independence of the judiciary must stop. This negative rhetoric undermines trust and confidence in our justice system – both at home and abroad.
“This General Election is an opportunity to reset the dial – we ask all political parties to commit to the evidence-based policies we set out and provide the funding needed to fix the justice system.”
