header-logo header-logo

19 January 2022
Issue: 7963 / Categories: Legal News , Profession , Criminal
printer mail-detail

Criminal barristers vote for direct action

Barristers will down tools if the government has not agreed by mid-February to raise legal aid fees by the end of March

Nearly 2,000 practitioners (about 80% of the Criminal Bar) responded last week to the Criminal Bar Association’s (CBA’s) seven-day poll on direct action. Their grievance is Ministry of Justice (MoJ) delays in responding to Sir Christopher Bellamy’s Independent Review of Criminal Legal Aid.

In December, Sir Christopher’s review recommended at least £135m extra per year be added to the budget in order to keep the criminal justice system functioning effectively. This would increase funding for solicitors and barristers by 15% above present levels, amounting to an extra £35m in fees.

Sir Christopher said there was ‘no scope for further delay’ in increasing fee rates.

However, the Justice Secretary has said he will not publish a full response until the end of March, followed by a consultation that is unlikely to conclude until the end of June. 

The CBA survey found 96% agreed Sir Christopher’s recommended 15% minimum increase was insufficient to ensure the long-term viability of the Criminal Bar.

Some 96.5% were in favour of taking action including adopting a ‘no returns’ policy as a minimum if the government did not commit to a ‘substantial increase’ in pay rates. 94% favoured action unless the government published a full response to the review, with a timetable for implementation, by 14 February and completed the statutory consultation by the end of March.

CBA chair Jo Sidhu QC and vice-chair Kirsty Brimelow QC said: ‘We have waited too long. We will wait no longer. Solidarity at the Criminal Bar has never been stronger. There is no going back.’

Law Society president I Stephanie Boyce said: ‘The 15% increase in criminal legal aid rates recommended in Sir Christopher’s report should be implemented immediately. 

‘If this does not happen, we fear that our members will leave the market at ever faster rates. Criminal defence solicitors have been waiting 25 years for an increase.’

According to MoJ figures, 1,080 firms held a criminal legal aid contract in September 2021 compared to 1,621 firms in September 2012.

Issue: 7963 / Categories: Legal News , Profession , Criminal
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll