Justice Secretary Brandon Lewis has agreed to meet with striking barristers next week, as new figures show the Crown Court backlog has risen to almost 60,000 cases.
Members of the Criminal Bar Association (CBA) have been taking industrial action since April in a dispute over Legal Aid fees, and this week escalated their stance to an indefinite strike.
Former Justice Secretary Dominc Raab, who was sacked by new Prime Minister Liz Truss, had faced fierce criticism for refusing to meet with barristers to try to solve the crisis.
On Thursday, it was revealed Mr Lewis, now installed as Lord Chancellor and in charge of the Ministry of Justice, has agreed to sit down next week with CBA leaders for an “introductory meeting”, in the first signs of a possible breakthrough.
The news came as latest MoJ figures revealed the backlog of criminal cases in the Crown Courts of England and Wales rose by more than 700 in July, taking the total to 59,992.
It is the highest the backlog has been since August last year, with the effects of the CBA strike in August and September yet to be represented in the data.
Welcoming Mr Lewis’ agreement to meet, CBA chair Kirsty Brimelow QC said: "I look forward to meeting the Lord Chancellor and hope that this introductory meeting urgently will be followed by opening of negotiations to resolve the criminal barristers’ action of stopping work on cases as a result of the crisis in the criminal justice system.”
On Wednesday, the Standard revealed how defendants awaiting their trials in prison have been set free by judges in Isleworth and Bristol.
The Recorders of Bristol and Kensington and Chelsea refused to extend Custody Time Limits when trials were derailed by the strike, meaning defendants would be released on bail.
In their rulings, the judges pointed the finger at the MoJ for not taking action to end the dispute.
It is understood a similar decision was taking at Leicester crown court this week, as judges conclude they do not have the powers to keep defendants in custody when there has been “systemic failure” in the Legal Aid system.
The CBA is calling for a 25 per cent increase in Legal Aid fees to counter two decades of decline and ensure barristers remain in the crminal courts.
The government has so far offered a 15 per cent raise, as recommended by an independent review as the minimum needed, and is so far refusing to apply the new fee scheme to cases already in the backlog.
This means lawyers - who have to wait until the end of cases to invoice for their work - could wait months and even years to feel the effects of any pay increase.
At a protest outside Parliament earlier this week, Ms Brimelow insisted the profession is ready to enter negotiations, and said a “show of goodwill” from the new government could bring the strike to an end.
Appeals by the Crown Prosecution Service against the decisions not to extend Custody Time Limits for defendants awaiting trial are due to be heard tomorrow in the High Court.
