Barristers to vote on no returns policy
Ballot papers have been issued to criminal barristers, asking them to vote on a ‘no returns’ policy from 11 April.
The Criminal Bar Association (CBA) set out the two options for its members this week. ‘Returns’ are where another barrister takes over the case if there’s a diary clash. The ballot ends at one minute to midnight on 11 March.
Option A is to refuse all return work under the advocates graduated fee scheme (AGFS) from 11 April, unless the government agrees to: a 25% per annum increase in remuneration under the AGFS; pay for written work as recommended by the Independent Review of Criminal Legal Aid (CLAR); create an effective pay review body; expedite the timetable for consultation on the CLAR recommendations; pay a second brief fee payment for s 28 YJCE hearings; and index link AGFS payments.
Option B is to wait for the government’s response on CLAR in the week of 14 March, followed by a consultation until end of June 2022, and any relevant statutory instruments being implemented by end of September.
The CLAR recommended an increase of at least 15% in fees.
A survey of CBA members in January found 94% in favour of action if the government did not set out its proposals to expedite reform by 14 February. However, this was ‘simply ignored’ by the government.
Jo Sidhu QC, CBA chair, said: ‘The overall timetable for the reform of criminal legal aid funding set by government takes us to October 2022 with no prospect of an increase in fees until 2024.
‘Neither criminal barristers nor criminal solicitors can afford to wait that long. We have already paid a heavy price in attrition from our ranks for the inexcusable failure to deal post-haste with the impact of diminishing real incomes, and we are both facing decimation if critical intervention is not forthcoming.’
