In this interview, Katy reflects on her journey in criminal law, shares her perspective on the challenges currently facing the criminal justice system, and outlines her vision for how the CLSA can support practitioners and drive meaningful change in the year ahead…
Background & Career
What first inspired you to specialise in criminal law, and how has your career journey shaped the way you approach leadership today?
At the age of 16 I was lucky enough to undertake work experience with Simons Muirhead and Burton Solicitors. I was able to visit the Old Bailey, see a conference in the prison and go to the court of appeal. It confirmed that this was what I wanted to do. I have always felt it is a privilege to help people who are vulnerable and find themselves facing the might of the state. I am extremely proud to be a criminal lawyer.
Can you share a pivotal moment in your practice that reaffirmed your commitment to criminal defence work?
The covid restrictions and way in which the police used their powers at that time reminded me of the potential dangers of a police state and that having an effective defence is absolutely vital in a democracy. It reaffirmed to me how necessary we are. And of course it is the first time in my career that the government acknowledged we were necessary by designating us “key workers”.
What experiences – professional or personal – do you feel best prepared you for stepping into the role of CLSA Chair?
I have been a committee member of the CLSA for the past 10 years. During that time I have taken over as managing director of my firm, met ministers, chaired the CLSA conference and had the opportunity to meet and learn from so many talented and inspiring lawyers.
State of the Criminal Justice System
How would you describe the current health of the criminal justice system from the perspective of frontline practitioners?
I was told there was no future in criminal law over 20 years ago. The situation has become worse and worse. Criminal lawyers are over worked, under paid and demoralised. All strands of the system are in the same position with issues affecting recruitment and retention in the court service, probation and the bar. There is a drive to streamline services and I think that the government loses sight of the importance of justice not only being done but being seen to be done. It feels as though the system has gone backwards. We are no longer allowed to email or telephone our local courts. It all has to be done through a central email address, who then email the local court who then gets back to us. This is not progress.
Which issues do you feel are most urgently threatening access to justice in England and Wales right now?
Court backlogs, lack of criminal lawyers, a blasé approach to disclosure by the prosecution to name a few issues within the system. Ultimately, years of underfunding and systematic undermining of the work of criminal lawyers by successive governments has left the criminal justice system at breaking point. The proposals to limit the right to a jury trial will fundamentally change our system and I believe have a detrimental effect on access to justice.
What changes do you believe policymakers most misunderstand about the realities of criminal defence work?
I don’t think that the government recognises the importance of the role of the defence in ensuring that justice is upheld. Defence lawyers are seen as a hindrance but as recent miscarriages of justice show, they are vital in protecting the rule of law.
The CLSA’s Role & Support for Practitioners
In your view, what are the key benefits for practitioners being a member of the CLSA?
The CLSA keeps members up to date in relation to issues which affect them on a day to day basis. The committee is made up of lawyers who are all trying to seek a better deal for defence lawyers and volunteer their time to speak on the professions behalf. Being part of the CLSA reminds me that I am part of a wider profession and the importance of the work that we do. Also, you get an ID card which means you can jump the queue going into court.
How can the CLSA better advocate for improved working conditions, fair remuneration, and sustainable careers in criminal defence?
In the years that I have been on the committee we have been involved in discussions at the highest level. We work with the law society and other practitioner groups to make sure that the views of our members are heard.
What role do you see the CLSA playing in nurturing the next generation of criminal practitioners, especially in a time when recruitment and retention are significant challenges?
Recruitment and retention is one of the most significant issues facing defence lawyers. The rise of the average age of the duty solicitor is a stark reminder that we may not be here in 10 years time. The CLSA wants there to be incentives for people who qualify in criminal law. We need to make the profession more attractive and for their to be better rates of pay and working conditions. There needs to be a more even playing field with employers such as the CPS. We have links to universities and we are keen to reach out to younger lawyers to encourage them to join the CLSA and have an input in future policy.
What does effective collaboration look like between the CLSA, other representative bodies, and government stakeholders?
We are keen to work with other representative bodies especially where our common goals align. We regularly meet with the LAA and MOJ to discuss day to day issues that are arising for our members. Collaboration is vital in order to influence and effect change in the system.
Driving Change & Policy Focus
If you could change one structural issue in the criminal justice system tomorrow, what would it be and why?
There are so many areas that need change and improvement. The starting point has to be investment. The fees for legally aided work are derisible and need addressing urgently. Without investment lawyers will continue to leave the profession and move into other, more lucrative areas.
How do you plan to ensure that the voices of frontline solicitors are heard in national conversations about justice reform?
The CLSA has been involved with the Criminal Law Advisory Board and we regularly put forward members issues to the LAA and MOJ. We continue to respond to government consultations, most recently in relation to the Leveson review and attended meetings with Leveson where we were able to put views and concerns about the justice system forward.
Leadership Vision & Year Ahead
What would success look like for the CLSA by the end of your first year in post?
Obviously more funding for legal aid is always a priority. I hope that our membership increases and that we continue to have a voice to champion the work of criminal solicitors.
Personal Reflections
What keeps you motivated during the toughest moments of practising criminal law?
I am in a privileged position being able to help some of the most vulnerable in our society. There are good days and bad days but ultimately, we try to ensure that justice is done and the state is held to account.
Who have been the biggest influences on your professional philosophy?
Although not lawyers, my parents both always worked long hours and were passionate about their careers. They showed me that in order to succeed you have to do something that you love and you have to work hard at it.
What message would you like to send to criminal practitioners starting their careers in today’s climate?
I was told over 20 years ago not to go into criminal law and I am grateful that I ignored that advice. It is challenging and sometimes difficult, but so rewarding. There is no other branch of law that is as exciting to practice in. Every day is different and you never know what the next police station will be.
