27 Jun Criminal Barristers Strike Over Legal Aid Fees

What is the source of the current unrest amongst those involved in criminal defence work?

The strikes come after the government’s reform of legal fees paid. This issue has been prevalent in the sector for almost a decade now. This walkout is not the first, in 2014, criminal barristers went on strike for the same reason. Criminal Bar Association members supported action to secure fair fees in 2019, but it was suspended pending the outcome of the Criminal Legal Aid Review which was published last December and contained a 15% fee increase recommendation. The anger stems from the fact that the review has taken a long time, the pay rise wasn’t applied speedily and furthermore, doesn’t apply to backlogged cases. Around 80% of The CBA’s members will be involved in the planned walkout in which they plan to carry out 14 days of strike action over the period of 1 month.

What are the implications of the strike?

While on strike, they will also not accept instructions for new cases and will refuse to accept returns. The action will lead to cases being delayed, intensifying the backlog crisis which saw a drastic rise from 40,000 post covid to 58,271 backlogged cases as of this April. It is argued that the action will have a direct impact on the victims of such cases and the accused who want to see their case resolved in order to move forward with their lives.

However, it’s evident that if the strike leads to the 25% desired fee increase, there will be an alleviation in the shortage of prosecutors and defence counsel. This, in turn, will lead to a better outcome for all including the victims who will have a wider pool of motivated defence council readily available to them.

At present, barristers have stressed that their salary equates to minimum wage once expenses and case preparation time are factored in. Specialist criminal barristers make an average annual income after expenses of £12,200 in the first three years of practice, resulting in 22% of junior barristers leaving the profession since 2016. A continuation of such trends would lead to a collapse in the criminal law judicial system, meaning such action is necessary.

Non-Attendance in Court proceedings While on Strike

So, what becomes of clients with upcoming court dates during the month-long action? Where the barrister has already accepted an instruction to represent said client on the day, the judge is entitled to quiz the client on whether they have agreed to their barrister’s non-attendance pre-court date. It has been warned that non-attendance, having accepted instruction may constitute professional misconduct. CBA have informed their members that once they have accepted instruction their professional duties and obligations apply “in the usual way”.

However, where barristers who are not yet instructed to appear on the day have the right to refuse to work on the grounds that they wish to protest. CBA have put in place a panel of 50 QC’s to further aid their members with all queries they may have regarding their participation in the action and where they require intervention in their dealings with the judiciary.