The Mistake They Made

There are many that believe that making of a single offer in respect of CPS fees and AGFS is a tactical masterstroke by the MoJ or the Government, that this is a tactic of divide and conquer which we are fools to fall for.

I believe it may be the single biggest mistake “the Government” side of these negotiations have ever made.

Each time we have been involved in days of action and no returns up and down the country prosecution counsel have received very similar letters (an example of which is here) telling us that those briefed on behalf of the prosecution should not be involved in the proposed action as the complaint about AGFS is nothing to do with the CPS.

Can you see where I am going yet?

Joining the two issues together is the biggest mistake they could have made. The CBA have made it perfectly clear that the action will be suspended as a whole. That is the term stipulated by the Government. The CBA have also made it perfectly plain that, should the reviews not happen in a timely fashion or should the outcome of the reviews fail to produce new money to cure some of the ills of AGFS, then the action will return. And that, logically, should be all of the action. Defence and Prosecution briefs.

No matter what the outcome of the vote, the CPS have allowed their own argument to be torpedoed. What they have always sought to set apart, this offer has joined together. Rather then dividing us, this offer produces the unanswerable case that action in support of changes to the AGFS is action taken by the whole of the criminal Bar, no matter which side of the courtroom they are due to sit on.

I would also venture to suggest that it would be incumbent on those that prosecute to support those that defend should the decision be to accept the offer. That support is at its most crucial if it should come to us taking action again. I imagine it would be very difficult for the CPS to take back that which they have given by that point but the offer is a global one, if the Government renege on their promises of a speedier review or fail to set right that which is wrong they should face the chaos of both Prosecution and Defence action.

This need not divide us. It provided us with a stronger lever with which to apply pressure. It turbocharges the impact of no returns and days of action. And it was all the Government’s idea….

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