What is it like being a barrister in a crisis-hit justice system?

Leaky courts, broken heating and a backlog of more than 79,000 criminal cases in England and Wales paint a picture of a criminal justice system in crisis. With some victims and defendants waiting years for their cases to reach trial, what is it like for those working in the legal system - and how much more can they take?

"When I saw someone in court standing up and doing a trial, I thought 'I could do that one day'. It looked like a lot of fun," says barrister Emma Fielding.

She covers cases across the East of England, from Chelmsford to Norfolk, but soon found the system she dreamed of working in was on the brink.

"It's just not possible to even keep up with the cases that are coming in, let alone try and bring that [backlog] number down," she says.

Ms Fielding is not alone in her concerns. One in three criminal barristers are actively seeking to leave the job, according to the Criminal Bar Association (CBA).

Their despair is compounded by having to cancel holidays due to the pressure of a relentless conveyor belt of cases.

CBA research also suggests some marriages fail because of the workload, with 35% of criminal barristers working seven-day weeks.

Horror stories are regularly shared behind the closed doors of court robing rooms.

"I've heard some stories of people who've been very unwell or might've had a miscarriage and they feel like they have to come in to court," Ms Fielding shares.

"If you as counsel say 'I'm not feeling well', the answer will be 'drag yourself to court because we can't stop this case for you'."

Ms Fielding says on occasion she has been shouted at by judges and accused of being in it for the money.

But the reality is not as lucrative as the public might think.

• How did the courts backlog get so bad?

Ms Fielding says she is paid £100 for covering a sentencing hearing.

Yet that does not cover the hours of preparation that go into it, she says, including talks with nervous defendants in the cells if defending and reassuring victims when prosecuting.

"When you actually consider the work you're putting in versus the money you're getting back, it's just not fair," adds the barrister who, like many of her peers, is self-employed.

While the Covid-19 pandemic inevitably worsened court delays, with cases held remotely and jury trials temporarily suspended, it is by no means the cause of today's problems, Ms Fielding suggests.

"A lot of people assume we didn't have a backlog before Covid, and that Covid came and that caused the issue," she continues.

"But actually that's not the case. There was always a significant backlog and there are courts being closed across the country."

She says the real culprit is a "systemic underfunding" of the system.

In February, the honorary recorder of Nottingham Nirmal Shant KC wrote to court staff: "We have had several issues with our heating and with leaks in the court building."

She also said at the time the Cloud Video Platform (CVP) - the online portal where cases are streamed online so interested persons and lawyers can follow a case remotely - was not working in four of the courtrooms.

CVP has proven to be a popular method of dealing with cases quicker, but it has not relieved the pressure for judges.

Thirty-five per cent of circuit judges indicated in the 2024 Judicial Attitudes Survey that they intended to quit by 2029.

The government is now trying to find a radical solution for the woes of his majesty's courts.

It is spending £148.5m on improving the conditions of courts, including in Nottingham, Manchester and Oxford.

A record-high 111,250 crown court sitting days have been allocated for this financial year.

However, this has not been enough to meet incoming case demand.

In December, Justice Secretary David Lammy said jury trials would be scrapped for cases that would likely lead to sentences of less than three years.

Matilda Robinson-Murphy, who practises in the East of England, admits she fears for the future of her profession.

"It's unbelievable and depressing," she says of the backlog.

"We're all working 15 to 18-hour days, but when you hear the figures it almost feels like an insurmountable task."

Ms Robinson-Murphy, a mother of two four-year-old twins, also feels the squeeze of work "intrusion" on her home life.

But the collapse of many sexual and domestic abuse cases concerns her the most.

Vast delays in hearing cases are leading to victims withdrawing their statements before a trial begins, unable to bear the pressure of being in limbo.

Some senior barristers fear defendants could use this to chance their luck, riding the delays in the hope their case will collapse before it reaches trial.

CBA figures show 353 rape prosecutions collapsed due to "victim attrition or other witness problems" in the 12 months to March 2025.

"Victims turn up with their family and they wait all day, only to be told at 3pm the trial will now be heard in 2028," says Ms Robinson-Murphy.

"Understandably, by 2028 this person has withdrawn because why would they want to have that hanging over their head for all that time?"

In September, a trial date was set at Inner London Crown Court for December 2029. The alleged crime happened in April 2024.

Delays are becoming the final straw for many barristers.

Ms Robinson-Murphy continues: "I know many are considering leaving the profession - or are already leaving it.

"I'm sad to say I know many people who have left to have children and never come back."

Despite the pressure it brings, there is still no place she would rather be than on the frontline of a courtroom.

"Yes, criminal law is often high pressure, but it works for me," she says.

A Ministry of Justice spokesperson said the government had inherited a "system in crisis" and admitted victims were "waiting too long" for justice.

They said "once-in-a-generation reforms" were being considered to overhaul the justice system.

"We also announced a boost in court maintenance funding from £120m last year, to £148.5m for 2025-26," the spokesperson added.

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