The British legal system is in a state of "crisis" which must be treated as a "national emergency", a top Welsh QC has warned on the first day of a mass strike by barristers. Jonathan Rees QC, of Apex chambers, was flanked by 20 other barristers – many holding posters emblazoned ‘Save British justice’ – on the steps of Cardiff Crown Court as he read a statement calling the action a “momentous day” by people who “care about justice”.
He said: “Our system of justice is the envy of the world but gradually over time it has become starved of resources those who practice in crime are treated with contempt by government. Now the very future of our criminal justice system is in jeopardy. It has been abandoned and neglected for far too long and for the sake of victims and those accused of crime we will make this last stand to defend the system to which we have devoted our professional lives.
“We became barristers because we believe in justice. Our system exists to ensure that the guilty are punished, that the innocent are acquitted. This can only be achieved by ensuring that the system is properly funded and that the brightest and the best are prepared to undertake publicly-funded work.”
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Mr Rees, who has acted in major trials such as the murder of Cardiff teenager Harry Baker and the murder of Newport robbery victim Ryan O’Connor, said a backlog of nearly 60,000 cases has “pushed the criminal justice system into meltdown” while the criminal bar has lost more than a quarter of prosecutors and defenders over last five years. He said they had been “driven out of the jobs they loved because they simply could not afford to stay”.
He said the below-minimum-wage median income of junior criminal barristers of £12,200 was “not only scandalous but it will choke off the supply of the next generation of advocates and it means that victims and defendants will suffer years of waiting to get justice in court”. Barristers have repeatedly made the case to government but “our warnings have fallen on deaf ears”, he said, adding: “This is a national crisis and it must be dealt with as a national emergency.”
Barristers are staging court walkouts for several days from Monday in a dispute over legal aid funding. They will also refuse to accept new cases and to carry out “return work” – stepping in and picking up court hearings and other work for colleagues whose cases are overrunning.
The Criminal Bar Association (CBA), which represents barristers in England and Wales, said around 81.5% of the more than 2,000 members to vote in the ballot supported walking out of court. Of those who backed walkouts most subsequently voted for the option of refusing new cases as well. In total 43.5% of all those balloted opted for this particular combination.
Justice secretary Dominic Raab said the barrister strikes are “regrettable” and will “only delay justice for victims”.
In a statement released ahead of the first day of strikes Mr Raab said: “It’s regrettable that the Criminal Bar Association is striking given only 43.5% of their members voted for this particular, most disruptive, option. I encourage them to agree the proposed 15% pay rise which would see a typical barrister earn around £7,000 more a year. Their actions will only delay justice for victims.”
However a CBA spokesman said the 15% pay rise would not land immediately since it would not apply to backlogged cases. They said: “The existing rates will remain on all of the cases stuck on this record backlog until they conclude which may be many years away.” As of the end of April there are 58,271 backlogged cases according to HM Courts and Tribunal Service figures.
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