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Barristers vote to join solicitors' legal aid protest Barristers vote to join solicitors' legal aid protest
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Criminal barristers have voted to join a protest by solicitors over deep cuts to legal aid fees that threatens to bring magistrates and crown courts to a standstill.Criminal barristers have voted to join a protest by solicitors over deep cuts to legal aid fees that threatens to bring magistrates and crown courts to a standstill.
The decision by the Criminal Bar Association, announced on Wednesday morning, came as Michael Gove, the new justice secretary, prepared to appear before MPs on the justice select committee for the first time. The decision by the Criminal Bar Association (CBA), announced on Wednesday morning, came as Michael Gove, the new justice secretary, prepared to appear before MPs on the justice select committee for the first time.
The CBA, which has approximately 4,000 members in England and Wales, voted narrowly in favour of limited days of action. About 55% voted in favour and 45% were against. Turnout was around 45%. The CBA, which has approximately 4,000 members in England and Wales, voted narrowly in favour of refusing to work on new cases paid at lower legal aid rates that came into effect on 1 July. About 55% voted in favour and 45% were against. Turnout was about 45%.
The leadership of the CBA had urged members to vote against action. Criminal barristers will adopt a policy of “no returns” where they refuse to cover for colleagues at courts. It could result in cases being further delayed due to lack of representation. The leadership of the CBA had urged members to vote against action. Criminal barristers will also adopt a policy of “no returns” where they refuse to cover for colleagues at courts. It could result in cases being further delayed due to lack of representation.
On Tuesday afternoon, there was a mass protest outside Manchester crown court, with some lawyers warning that they may escalate their action and withdraw cover from duty appearances at police stations and magistrates courts. A statement from the CBA said: “Given the seriousness of this action and in order to avoid professional conduct implications, there needs to be an opportunity to inform professional and lay clients, and to make representations to court managers and judges that cases be rescheduled to avert clashes that can be identified in advance. The CBA Executive will consider how best this might be achieved.”
Solicitors who represent defendants in criminal cases are protesting against 17.5% cuts in legal aid fees and the restructuring of their profession. They claim their action across England and Wales is already having a significant impact. The Ministry of Justice denies it is causing serious disruption. Gove told the justice select committee: “I’m disappointed that the members of the CBA have voted in their ballot to take action. I believe the action is unnecessary at this time. We want to work constructively to ensure that we have a healthy engagement with the Bar.
“Some of the reductions in legal aid have caused considerable concern. I don’t think those concerns ... are motivated by self-interest. They are concerns about whether individuals have not got access to justice.”
The justice secretary acknowledged that his department is not ringfenced, unlike the NHS, and there may be difficult decisions to take. There will be more court closures, he said, mainly those that are underused.
Gove promised to review the impact of steep fees rises in employment tribunals but said that reducing the number of claims was not necessarily evidence of “rough justice”.
He confirmed that the government’s proposals for scrapping the Human Rights Act would be published in the autumn. Gove said he hoped the UK would remain within the European convention on human rights but added: “I can’t give a 100% guarantee.”
On Tuesday afternoon, there was a mass protest outside Manchester crown court, with some lawyers warning they may escalate their action and withdraw cover from duty appearances at police stations and magistrates courts.
Solicitors who represent defendants in criminal cases are protesting against a cumulative 17.5% cuts in legal aid fees and the restructuring of their profession. They claim their action across England and Wales is already having a significant impact. The Ministry of Justice (MoJ) denies it is causing serious disruption.
The MoJ’s legal service, the Public Defender Service (PDS), has already been deployed to provide emergency cover in cases where lawyers have refused to provide representation. South Yorkshire police and other forces have confirmed that cases are backing up in custody suites and interview rooms.The MoJ’s legal service, the Public Defender Service (PDS), has already been deployed to provide emergency cover in cases where lawyers have refused to provide representation. South Yorkshire police and other forces have confirmed that cases are backing up in custody suites and interview rooms.
Last weekend, a prisoner staged a rooftop protest at Walton prison on Merseyside with a banner reading: “No ifs, no buts, no legal aid cuts”. Liverpool lawyers have been prominent in the boycott of legal aid work in protest against cuts, resulting in many defendants being remanded into custody because there is no solicitor available to apply for bail on their behalf. Last weekend, a prisoner staged a rooftop protest at Walton prison on Merseyside with a banner reading: “No ifs, no buts, no legal aid cuts.” Liverpool lawyers have led the boycott of legal aid work in protest against cuts, resulting in many defendants being remanded into custody because there is no solicitor available to apply for bail on their behalf.
The MoJ has said: “The courts have been sitting as usual and the vast majority of cases requiring a solicitor at the police station have been picked up within an hour.”The MoJ has said: “The courts have been sitting as usual and the vast majority of cases requiring a solicitor at the police station have been picked up within an hour.”
In a joint statement, Jon Black, president of the London Criminal Courts Solicitors’ Association, and Bill Waddington, chair of the Criminal Law Solicitors’ Association, said: “The purpose of our action is to ensure that we can provide a quality service to those entitled to publicly funded representation from the police station and magistrates courts through to the crown court and beyond.
“The solicitors who have participated in the action over the past fortnight have shown that they have been prepared to make huge sacrifices in order to demonstrate that the cuts are simply inequitable, unsustainable and wrong.
“We welcome the Criminal Bar who have formally voted to take direct action against the cuts which they recognise have a direct effect on their ability to provide a quality service. We would hope that ultimately we can sit down together as a united force and ensure that the [the justice secretary] will listen to the solicitors and barristers who have traditionally formed formidable teams at the heart of the criminal justice system.”