Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to help increase the retention of specialist counsel for cases involving rape and serious sexual offences.

In September 2022, following the conclusion of the Criminal Legal Aid Independent Review, we uplifted fees for all defence advocates by 15%, which we expect will see a typical criminal barrister earn nearly £7,000 more a year. Fees for prosecution advocates were subject to 15% increase by the CPS in May 2023.

We also increased the fee for advocates who undertake s.28 cases (which provides for a special measure enabling certain vulnerable victims and witnesses to have their cross-examination and re-examination pre-recorded and played at trial) from £670 (exc. VAT) to £1,000 (exc. VAT). The s.28 fees and special and wasted preparation fees brought the overall increase for barrister fees from 15% to 17%.

The CPS recognise that barristers’ wellbeing should be supported and therefore have provided CPS Advocate Panel members dealing with potentially distressing casework access to their Employee Assistance Programme since September 2023.

I am hopeful that our latest funding increase for s.28 cases will help to retain Rape and Serious Sexual Offences barristers and ensure these cases continue to be prioritised. The Lord Chancellor is holding a roundtable on Wednesday 13 March to discuss this issue further.