Criminal barristers in England and Wales are beginning to strike over legal aid fees on Monday, in a dispute over legal aid and funding.
Eight out of 10 barristers voted to boycott taking on new cases in a long-running dispute between the Criminal Bar Association, and the Government over legal aid funding, which they claim should be increased. They also believe that extra hours undertaken to meet rising caseloads are not reflected in take-home pay.
The Criminal Bar Association (CBA), which represents barristers in England and Wales, said around 81.5 per cent of its 2,000 plus members supported a walk out. Of those who backed walkouts, most subsequently voted for the option of refusing new strikes as well.
Barristers are the latest profession to take strike action, following action by rail workers last week and amid ongoing reports of unrest among teaching staff and NHS employees.
Here’s everything you need to know about the strike action.
Why are barristers going on strike?
The Criminal Bar association said the offer of a 15 per cent uplift in fees, which was the minimum increase recommended by the criminal legal aid review, is insufficient and will not apply to the backlog of 58,000 cases in crown courts.
It says incomes have fallen by 30 per cent over the last two decades, and specialist criminal barristers make an average annual income after expenses of just £12,200 in the first three years of practice, driving 22% of junior criminal barristers to leave since 2016.
Barristers participating in the strike spoke of being paid less than the minimum wage for court hearings when travel and hours spent preparing were taken into consideration.
Jo Sidhu QC, chair of the Criminal Bar Association, said the action is not merely about pay but “redressing the shortfall in the supply of criminal barristers to help deal with the crisis in our courts”.
“We have already suffered an average decrease in our real earnings of 28 per cent since 2006 and juniors in their first three years of practice earn a median income of only £12,200, which is below minimum wage,” he said.
How long are they going on strike?
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.
There will be picket lines at crown courts in London (at the Old Bailey), Birmingham, Bristol, Cardiff, Leeds and Manchester.
What will happen to trials?
Cases at which lawyers are required are likely to be postponed, including crown court trials.
Data from the Ministry of Justice (MoJ) shows 567 cases were adjourned at short notice last year because prosecution or defence barristers did not attend, or were working on another case - a five-fold increase on the 114 cases adjourned for the same reason in 2011.
The 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.
What has the government said about criminal barristers’ strikes?
Justice Secretary Dominic Raab has said that the strikes are “regrettable” and that they will “only delay justice for the victims”.
Mr Raab said: “It’s regrettable that the Criminal Bar Association is striking, given only 43.5 per cent of their members voted for this particular, most disruptive, option.
“I encourage them to agree the proposed 15 per cent pay rise which would see a typical barrister earn around £7,000 more a year.”
But the CBA spokesperson says the pay rise would not land immediately since it would not apply to backlogged cases. And as another barrister put it: “See you outside court”.
