Criminal barristers pushed to the brink as justice system crisis deepens

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Criminal barristers have warned that the justice system in England and Wales is edging towards collapse. With a backlog of 79,000 criminal cases and deteriorating buildings, severe delays are sometimes leaving victims and defendants facing years of uncertainty. Meanwhile, unmanageable workloads are driving many barristers out of the profession, with one in three criminal barristers looking to quit, according to data from the Criminal Bar Association (CBA).

Barrister Emma Fielding, who practises across the East of England, spoke to the BBC, commenting on the current state of the system. She described a working culture defined by last‑minute listings, pressure to attend court even when unwell and fees that fail to reflect the preparation required. She noted that covering a sentencing hearing pays £100, despite the hours of preparation, including meeting with and reassuring anxious clients and reviewing evidence. Fielding added: "When you actually consider the work you're putting in versus the money you're getting back, it's just not fair.”

The strain prompted many to reconsider their futures. According to the CBA, 35% of criminal barristers are working seven‑day weeks. Fielding said that she’s known colleagues to cancel holidays and struggle to maintain family life, while some report being criticised by judges unfairly.

Barrister Matilda Robinson‑Murphy described the backlog as “unbelievable and depressing” and said the work felt like an “insurmountable task” that was creeping into her home life.

Infrastructure problems have added to the pressure. In Nottingham, the honorary recorder Nirmal Shant KC recently highlighted leaks and heating failures, as well as problems with remote‑hearing technology Cloud Video Platform (CVP). CVP is used as a popular method of dealing with cases at a faster rate; however, it reportedly hasn’t relieved the pressure for judges. Judicial morale has been faltering, with 35% of circuit judges indicating in the 2024 Judicial Attitudes Survey that they intended to quit by 2029.

To Robinson-Murphy, the most troubling consequence of the crisis has been its impact on victims. Long delays have been causing complainants in domestic and sexual abuse cases to withdraw before trial, unable to endure years of uncertainty. CBA data shows 353 rape prosecutions collapsed in the year to March 2025 due to “victim attrition or other witness problems". In one recent example, a case at Inner London Crown Court was listed more than five years after the alleged offence.

The government has announced measures aimed at easing the pressure, including £148.5 million for court maintenance, up from £120 million in 2024, and a record 111,250 crown court sitting days this financial year. Justice Secretary David Lammy has also proposed removing jury trials for offences likely to attract sentences of under three years. A Ministry of Justice spokesperson acknowledged that victims were “waiting too long” and said “once‑in‑a‑generation reforms” are being developed to overhaul the system.

Despite the strain, many barristers remain committed to criminal practice. Robinson‑Murphy said that, while the work is demanding, the courtroom is still where she wants to be.

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