A New Era: What Labour’s Victory Means for Criminal Justice

12 July 2024

The landslide victory of the labour party marks a significant turning point for the UK.

Whichever way you voted; we know that substantial change is on the horizon across various sectors. As Labour takes the helm, we would like to officially welcome the new government and the new key voices that have been appointed. We look forward to working in collaboration to continue reshaping the landscape of criminal law and justice in the UK.

Leading the Nation: Sir Keir Starmer

It was clear from Keir Starmer’s first speech as UK Prime Minister that his work starts immediately. He outlined the 6 key issues that he wants to ‘fix’ in his first month in power. We were pleased to note that the prisons crisis was high up on this list!

Keir Starmer’s background may provide him with a better understanding of criminal law and the justice system than previous leaders. As a former Human Rights Lawyer, KC, former Director of Public Prosecutions and author of many books on human rights and criminal justice, we are hopeful that this topic remains high on the agenda of the Labour government. He has dealt with a number of high-profile cases throughout his career, and he was awarded a knighthood for his work.

A Fresh Vision for Justice: Shabana Mahmood

Shabana Mahmood MP has been appointed as Lord Chancellor and Secretary of State for Justice. The justice system, which has suffered years of neglect and underinvestment, can be looked at with a fresh perspective from Shabana who has a pivotal role to play.

Shabana studied law at Lincoln College, University of Oxford and was in the year below Rishi Sunak! She later qualified as a Barrister specialising in Professional Indemnity Law.

The Key to Prison Reform? James Timpson

There have been many conflicting headlines regarding the appointment of James Timpson OBE as the new Minister for Prisons, Parole and Probation. The businessman, famous for the nationwide key-cutting and shoe-fixing company Timpson’s, has a unique standpoint on criminal justice and the prison system. He is chair of the Prison Reform Trust and has a track record of supporting and employing ex-offenders to rehabilitate them into working life. With prisons dangerously close or already over capacity around the country, this will be a very interesting appointment to see how the crisis is dealt with going forward.

Impact of a Labour Government

Whilst we have all seen the manifestos, heard the debates and been peppered with marketing campaigns for all the parties leading up to the General Election, the proof is often in the pudding, and only time will tell how the new government will impact us all as individuals, and as those working in criminal law.

Labour have pledged to:

• Take back our streets

• Reform the justice system

• Put the needs of victims first

• Tackle the prisons crisis and cut reoffending

Legal Aid

Criminal legal aid should and must be high up the new Government’s agenda and at least three issues will be in Shabana Mahmood’s in tray:

  1. The CLSA, as a party to the recently successful Judicial Review, is overdue a substantive proposal from the Ministry of Justice as to how it proposes to address the findings of the High Court.
  2. The previous Government was considering responses to a consultation on a minimum police station fee across the country. This must not now go into the long grass and we urge the new Government to implement that reform with the urgency recognised by the last administration.
  3. There was also in place research into reform of the Litigator Graduated Fee Scheme. We hope that this new Government recognises the importance of properly funding the defence in the most serious of Crown Court cases.
  4. It was way back in November 2021 that Sir (now Lord) Bellamy recommended an urgent 15% fee increase for criminal defence solicitors. That was not fully implemented, just a 9% increase that has since been eroded by inflation. The average age of duty solicitors is now over 50 and without urgent investment in fees there is a cliff edge awaiting the provision of criminal defence work. Reform of the justice system must include proper payment of defence solicitors.

    Prisons Crisis

    As a former prosecutor, the new Prime Minister is undoubtedly aware of the dire situation of UK prisons, and this will be one of the most urgent legal challenges for Starmer to overcome.

    Labour have already committed to keeping the previous Conservative government’s early-release scheme, which was put in place to ease levels of overcrowding. They have also stated that they have plans in place to make the building of new prisons move faster. Furthermore, they have pledged to undertake a review of sentencing.

    The CLSA will be keeping a watchful eye on any matters relating to crime and justice, so that we can report back to our members and use our voice to challenge or champion, with a view to getting the collective voice of criminal lawyers heard.