Criminal Barristers have voted to go on strike from Monday
27th June.
The Government ordered an independent review of the future
of the Criminal Legal Aid system which recommended increasing Legal Aid rates
by at least 15%. The barristers would say that is on the back of no significant
increase since the 1990’s, so it amounts to real terms cuts in pay rates over
many years.
Most Criminal barristers are self-employed and rely on Legal
Aid payments which fund most of the legal defence fees in Criminal matters.
While there are some very high earning senior barristers and QC’s, who work on
high profile cases, the barrister’s profession would say that in many lower-level
cases, junior barristers are struggling to earn the sort of hourly rates that
would be paid to a plumber.
Because of the decreasing real term pay rates many
barristers and solicitors who specialise in Criminal work are leaving that side
of the profession to do better paying legal work in other areas. It has also
proven difficult to recruit younger people into the Criminal defence field to
replace barristers and solicitors who are retiring or leaving. This was one of
the reasons why the Government commissioned the report because it was having an
impact on the functioning of the criminal courts – which are in the main the
Magistrates and Crown courts.
The barristers are in dispute with the Government about the speed
of implementation of the recommended Legal Aid rate rises. The barristers say
it should be immediate and in full, while the Government are adopting a longer timetable.
That is at the heart of the dispute and has led to the barristers voting to
strike.
It’s unclear what a strike may look like and its impact
because the Lord Chief Justice has said that barristers should not refuse to
attend court on cases they have already accepted. It remains to be seen what
will happen if they do that. But the barristers can refuse to accept new cases
and the proposal by them is that there will be escalating action over the summer.
That means that there will almost certainly be delays in trials and the
operating of the Criminal Justice system. Members of the public will feel that,
because if someone is being prosecuted for something, which includes motoring
offences as well as more serious matters, it could take longer to get to trial
and resolve the matter.
We may also see the unusual sight of barristers on the
picket line outside courts. Who knows whether they will be wearing their wigs
and gowns on the picket line but it’s probable that we will see such lines
outside courts in the next few weeks?
If you require any legal advice, you can find a regulated solicitor for free and without providing any of your personal data at www.search4legal.co.uk. Alternatively, take a look at our Guidance pages which are available on many different topics, and may provide you with invaluable information to help support you in better understanding your own situation when speaking to a lawyer for legal advice.
