Judges were wrong to release defendants accused of serious crimes from prison after trials had to be postponed because of the barristers strike, a court has ruled. Those accused of crimes can be held in jail for up to six months before their trial is heard in court before their 'custody time limit' expires.
But in recent weeks trials of defendants remanded in custody have been adjourned for months because defence lawyers have been taking part in industrial action as part of a row over Legal Aid fees, the system used to pay them for cases where defendants cannot afford to fund their legal costs.
Barristers argue the fees should be immediately increased by 25 per cent, while the Government has offered a 15 per cent rise. The Criminal Bar Association, which represents barristers, claim that the 25 per cent increase is needed to secure the future of the profession and to make it attractive to junior lawyers, who may seek more lucrative work elsewhere. Barristers have refused to work in the majority of Legal Aid cases since the start of the month. Negotiations between the CBA and the Ministry of Justice aimed at resolving the dispute are said to be continuing.
