Criminal barristers have been offered a fresh deal worth £54 million on Legal Aid in a government bid to end the strike cripping the criminal justice system.
Barristers have been taking industrial action since April over Legal Aid fees, and voted overwhelmingly in favour of an all-out strike on August 22.
Thousands of court hearings and criminal trials have been derailed by the resulting disruption, with cases having to be adjourned when the defendant was not legally represented.
The government’s original offer was a 15 per cent increase in Legal Aid fees, which would come into effect later this week but crucially would not apply to the existing 60,000 cases in the courts backlog.
After talks with the Criminal Bar Association (CBA), new Justice Secretary Brandon Lewis is now offering to apply the new fees to the “vast majority” of backlog cases.
The CBA, in its stand-off with government, had suggested a 25 per cent increase in fees was needed to make up for decades of underfunding in criminal justice.
Barristers are now set to be balloted again on the government’s new deal, to decide whether to end the strike or continuing lobbying for further concessions from government.
In a statement on Thursday morning, the MoJ claimed an agreement had been reached with the CBA after talks with Mr Lewis.
“The Criminal Bar Association will re-ballot members following meetings with the Lord Chancellor and his decision to offer a package of further reforms and fee uplifts to criminal legal aid. This represents further investment of £54 million in the criminal bar and solicitors”, it said.
“A planned 15 percent fee increase for criminal barristers will now apply to the vast majority of cases currently in the Crown Court.”
The MoJ said fee increases are also being proposed for solicitors, together with £3 million of funding for case preparation work, a further £4 million for barristers involved in pre-recorded cross-examinations including in rape and sexual offences cases, and £5 million extra for youth court work from 2024.
A CBA spokesperson said members “will be balloted on suspending action on the basis of an interim package.
“The details are being discussed with our members. It is not a good start that the Lord Chancellor has insisted on going ahead with a premature press release.”
Mr Lewis said: “My priority in these discussions has been to ensure that victims aren’t forced to wait longer to see justice done. These are generous proposals, and I would strongly urge all members of the Criminal Bar Association to consider carefully, end their strike and work with me to deliver better outcomes for victims of crime.”
Former Justice Secretary Dominic Raab faced fierce criticism for refusing to even meet with CBA leaders in the final months of his tenure, despite the avalanche of adjourned cases and spiralling delays.
