Criminal Bar: Funding

Lord Judge Excerpts

Thursday 15th January 2015 Grand Committee

[Lord Judge (CB)]

My Lords, I declare an interest as treasurer of the Middle Temple last year; my intervention in this debate reflects that experience.

In some ways what I am going to say is entirely repetitious, but it is worth drawing public attention to the fact that for many years now the Inns of Court have been dedicated—that is the word—to ensuring that no one should be deterred from entering the profession of barrister on financial grounds. The fact that they or their families may be financially humble was not to be an obstruction. The end result has been extremely successful. The way in which the Middle Temple achieved that—the same process applies to all the other Inns—is that the large majority of the money we have each year is spent on scholarships. Last year we spent in the region of £900,000, which is much the biggest expense we have. The objective: to get every boy or girl of talent who wishes to come to the Bar through the expensive process of getting to the Bar if they are good enough to do so. Nowadays we even have scholarships, chosen on merit, but the funding that is provided for the scholarships reflects the financial needs of the individual concerned.

The take-up has been very great and very successful. My time as treasurer was spent having a good deal of contact with some exceptionally bright young men and women who wish to make a career at the Bar. However, there is one subject on which it is extremely difficult to conduct an exchange with them: what about crime? These are not greedy young men and women; many of them are inspired by a wish to see that the administration of justice works and that they play their part in it as advocates. What about the possibility of an innocent man being convicted—somebody spending years in custody? What about the possibility of a guilty man escaping justice when he richly deserves to be convicted? The same of course applies to women, but there are far fewer women defendants. This matters, and when you discuss it with them, they see the point, but many of them say, “There is no point—there’s no future in the criminal Bar. Look at what’s happened to it in the last few years”.

If you forget the cuts which have already been described by noble and learned Lords—and I am not forgetting them—there are no pupillages in criminal chambers, or very few of them, therefore what is the point of even starting to try to find a non-existent pupillage? Those young men and women have already committed themselves to the Bar and many of them will be called. The reality is that in the present climate, very few of the very best will do criminal law.

We are having a debate at the Middle Temple about whether we are spending our money wisely, as so much of it is wasted. So much of it goes to people who in the end cannot find a pupillage or, ultimately, a tenancy. We are looking at the possibility of reducing the amount of money that we give to boys and girls to get them called to the Bar in order to provide more money to support the young men and women who have got to the Bar and who have a pupillage in criminal chambers, and who then have a year or two in criminal chambers in which they hope to make enough just to cover the expenses.

That debate will take place, and it will have to recognise that if we adopt that process it will inevitably reduce the money available to encourage young men and women from a humble financial background to even try for the Bar. I think that that is a very sad possibility. When we are considering the impact of this, let us be in no doubt that if we do so the pool of talent will be reduced and the quality of talent will be diminished. The national asset identified by Sir Bill Jeffrey will be dissipated. Being called to the Bar and practising at the criminal Bar will become a matter of means, rather than merit. That is a shocking possibility.

The long-term impact has already been described by noble and learned Lords. The results in criminal trials will be affected; trials will take longer; and trials will take longer to come on. That means that defendants will wait longer for their trials and witnesses will have to wait longer and longer before they can give their evidence, in many cases in very distressing circumstances. At the same time, the long-term future of our efforts to ensure a more diverse judiciary—that is to say, a judiciary coming from every element of the citizens of this country—will be undermined. In 20 years from now, young men and young women from a financially humble background will not be available as candidates for judicial appointment. That will be to the public disadvantage.