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Criminal bar considers offer in stand off with government

31 May 2018
Issue: 7795 / Categories: Legal News
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Criminal barristers have suspended their ‘no returns’ policy until 12 June, pending consideration of a conciliatory offer made by the Ministry of Justice.

The Criminal Bar has been refusing ‘returns’ work—where one advocate covers for another who has been delayed or called away—since 1 April in protest against changes to the Advocates Graduated Fee Scheme (AGFS) which would cut fee income.

A heads of chambers meeting was scheduled for this week to discuss the offer. In her weekly update, Angela Rafferty QC, Criminal Bar Chair, said barristers will be balloted following the meeting.

The offer on the table is an extra £15m investment, of which £8m will go to fraud, drug and high-page sex cases, £4.5m will be earmarked for junior fees, and there will be a 1% rise across all fees in April 2019. The scheme will be reviewed within 18 months.

Meanwhile, the Law Society is bringing a judicial review against cuts to the Litigators' Graduated Fee Scheme (LGFS), which would reduce payments for prosecution evidence in Crown Court cases from 10,000 to 6,000 pages.

Law Society president Joe Egan said: ‘We’re pleased the Ministry of Justice (MoJ) has recognised the argument that there needs to be proper funding in the criminal justice system, as evidenced by the proposed release of additional funds for legally aided work.

'We hope the MoJ will now withdraw their opposition to the Law Society’s judicial review for the LGFS cuts. We look forward to a similar announcement in relation to the work carried out by solicitors, including the withdrawal of the most recent pages of prosecution evidence cut.’

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