Barrister fees for pre-recorded cross-examination are to rise by nearly 50% as the government seeks to ‘bring more rapists and abusers to justice’ and cut victim drop-out rates.
Fees were set at £670 in January when the government announced barristers would receive advance payments for work on pre-recorded evidence and for any wasted preparation. Today’s increase to £1,000, which will take effect ‘as soon as possible’ when parliamentary time allows, comes after a review and consultation with professional bodies. It is aimed at increasing the number of barristers available to do the work.
Pre-recording of evidence allows victims and witnesses of crimes such as rape and modern slavery to have their cross-examination video-recorded and played later during trial, subject to a successful application to the court. A research report published in April found that rape victims who pre-record their evidence are more likely to have a better experience of the court process and find it less intimidating. Pre-recording also meant they were able to access support services such as therapy earlier, without fear that it could be used against them in cross-examination.
Justice secretary Alex Chalk said: ‘Boosting payments for this work will help more sexual violence victims testify earlier, away from the full glare of a courtroom. It’s the latest step in our ongoing work to further increase the number of rape victims getting support and justice.’
The Bar Council welcomed the rise. Chair Nick Vineall KC said: ‘The inadequate fees to date have been a contributory factor in the shortage of counsel for rape and serious sexual offences cases.’
However Nick Emmerson, president of the Law Society, said: ‘Welcome as this support for the victims of sexual offences is, they will never see true justice unless and until the government invests properly in the whole of the justice system.’
