Birmingham Post

Barristers to strike over legal aid funding

- PHIL NORRIS

BARRISTERS have voted to go on strike in a row over legal aid funding with picket lines expected outside Birmingham Crown Court.

The Criminal Bar Associatio­n (CBA), which represents barristers in England and Wales, said several days of court walkouts will begin from next week.

The industrial action follows a ballot of members and comes at a time of significan­t backlogs across the court system.

They are the latest profession to go on strike, amid action by rail workers this week and reports of unrest among teaching staff and NHS employees.

The CBA said around 81.5% of the more than 2,000 members to respond supported industrial action.

Jo Sidhu QC and Kirsty Brimelow QC, from the CBA, said: “This extraordin­ary commitment to the democratic process reflects a recognitio­n amongst criminal barristers at all levels of call and across all Circuits that what is at stake is the survival of a profession of specialist criminal advocates and of the criminal justice system which depends so critically upon their labour.

“Without immediate action to halt the exodus of criminal barristers from our ranks, the record backlog that has crippled our courts will continue to inflict misery upon victims and defendants alike, and the public will be betrayed.”

The strike action is intended to last for four weeks, beginning with walkouts on Monday, June 27 and Tuesday, June 28, increasing by one day each week until a five-day strike from Monday, July 18 to Friday, July 22.

It means that cases at which barristers are required are likely to have to be postponed, including crown court trials.

Barristers are expected to stage picket lines outside courts, including at the Old Bailey in London and at crown courts in Birmingham, Bristol, Cardiff, Leeds and Manchester.

In April, the CBA started to refuse to carry out “return work” – stepping in and picking up court hearings and other work for colleagues whose cases are overrunnin­g – which is described as a gesture of goodwill to prop up the justice system.

The CBA said it also made “repeated efforts” to persuade the Government to honour the recommenda­tions of the Criminal Legal Aid Review to increase their fees by 15% immediatel­y, but have been disappoint­ed.

Any disruption to criminal court cases is likely to have a knock-on effect on the current case backlog.

Latest figures from HM Courts and Tribunals Service show there were 358,076 outstandin­g cases at magistrate­s’ courts, and 58,271 outstandin­g cases at crown courts, as of April 2022.

Mark Fenhalls QC, chairman of the Bar Council, said: “Each barrister who has voted is understand­ably angry and upset. Members of the criminal Bar have been feeling mistreated, undervalue­d and overwhelme­d for a decade or more.”

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