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After a memorable conversation with my criminal practice professor on her career in criminal law, I've been leafing through The Secret Barrister: Nothing But the Truth, an eye-opening account of experiences as a criminal barrister. Set against the backdrop of a criminal justice system seemingly on the brink of collapse – or so the press says – I decided to write this article to explore two questions:

• Is criminal law in crisis?
• If so, what’s to be done about it?

Setting the scene

In 2019, the National Audit Office noted that 71 cases couldn’t proceed due to absence of counsel – in other words, the unavailability of barristers. Just four years later, that number has skyrocketed to 1,436.

Meanwhile, court backlogs have reached the thousands, with 73,100 cases as of September 2024. Criminal barristers in Northern Ireland partook in industrial action over legal aid pay – originally striking from the 6  to 31 January 2025, before a majority vote extended the action by another four weeks.  

Read this guide to the legal profession to find out more about court backlogs and access to justice.

Beyond the bar, the number of duty solicitors available at police stations has fallen by 26% since 2017. Duty solicitors are criminal solicitors who provide free legal advice to those charged with or suspected of a crime, and are often suspects' first port of call when accused and arrested. 48% of defendants in the magistrates' courts didn’t have legal representation for the first half of 2023 – a sharp rise when compared to the statistic of the previous year, which was 35%. To make matters worse, the Law Society has forecasted that the number of duty solicitors available –  which is currently at 4,100 – is expected to drop to 3,482 in just over two years.

All in all, it seems the relationship between the court backlog and lawyers available – whether solicitors and barristers – is inversely proportional. But why could this be?

The reasons

The factors contributing to this relationship are multitudinous:

1. Lack of remuneration: crime has long been the worst paid field for advocates. Therefore, it’s no surprise that this – especially during a cost-of-living crisis – has become a serious deterrent both for those within the field and those considering pursuing it. 
2. Difficult work/life balance: criminal barristers in particular are overstretched, seeing as there are increasingly few of them to tackle the large volume of cases that demand their attention. This results in many overworking themselves to the point of burnout, providing another convincing reason for them to abandon the profession entirely.
3. Growing demand and backlog: the Law Society notes that a further 729,000 cases are expected to enter the criminal justice system within the next five years. If this is the case, the limited number of solicitors and barristers available will be spread even thinner, perhaps, to the point of breaking.
4. Ageing workforce: less than 4% of duty solicitors are under the age of 35, and the majority of duty solicitors in most parts of the UK are above 50. This shows that there’s a deficit in people entering the profession – posing long-term risks to its already very precarious sustainability.

What’s to be done?

In October 2024, the Criminal Bar Association voted to accept an increase of 15% in legal aid fees, with additional funding for case preparation. In addition, criminal legal aid rates are set to rise by 12% – with further possible increases to come this year.

Change, therefore, is still possible. Some lawyers are cautious but hopeful that, with a new government, the necessary changes to the criminal legal system may at long last be effected. The future of the system hangs in the balance – alongside that of the many individuals it leaves in its wake, from victims and perpetrators of crime to their legal representatives and judicial staff.

So, is criminal law in crisis? Possibly, but it doesn't have to stay that way. The negotiations made by the Criminal Bar Association and Ministry of Justice and the consistent changes made by those within the profession who continue to push for better conditions make it clear that the fight isn't over just yet.