Thousands of barristers to strike over legal aidon April 11, 2022 at 2:59 am

Nearly 2,500 barristers who are essential to the criminal justice system in England and Wales are starting industrial action over concerns about legal aid funding.

They will refuse to step in at the last minute to pick up court appearances or preparatory work for colleagues whose cases are over-running.

It stems from an unresolved row with the government over funding.

The government said the action would make existing backlogs worse.

The Criminal Bar Association (CBA) has accused ministers of dragging their feet over implementing a 15% rise in rates for legal aid – as recommended by an independent review.

The CBA said 15% was the bare minimum needed to prevent the system from collapsing.

Figures published last week revealed that 10% of criminal barristers have quit in the past year, and that the government’s measures to reduce a nationwide backlog are making slow progress.

The action, supported by about 90% of criminal barristers, will begin this morning.

An independent review last year warned that courts could grind to a halt without an immediate injection of £135m into the legal aid system.

The review, launched after predictions the system could collapse, determined that ministers should find the funding to reverse a large loss of lawyers who are vital to the process.

The legal aid system in England and Wales ensures that suspects who cannot afford lawyers are properly advised and represented, from their police interview through to trial.

The system is critical to keeping justice moving by saving court time and making sure defendants get a fair trial.

However, the amounts paid for this work have been both frozen and then cut over the last 25 years.

In an independent review, former judge Sir Christopher Bellamy QC supported many of the concerns of lawyers – and urged ministers to find a minimum of £135m to stem an exodus of lawyers from criminal justice and to help tackle the current backlog of 59,000 cases in the crown court system.

“£135m is, in my view, the minimum necessary as the first step in nursing the system of criminal legal aid back to health after years of neglect,” he said.

“I do not see that sum as ‘an opening bid’ but rather what is needed, as soon as practicable, to enable… the whole criminal justice system to function effectively, to respond to forecast increased demand, and to reduce the backlog.”

“There is in my view no scope for further delay.”