Criminal barristers are voting on whether to drastically escalate their ‘no returns’ protest action by executing court walkouts.
The option, which could force the criminal courts to stop proceedings taking place before the end of June, is one of three choices put before practitioners this week in a second Criminal Bar Association (CBA) ballot. The others are refusing to take on any new cases under the advocates graduated fee scheme as well as refusing returns, or ending the protest.
The proposed ‘days of action’ walkouts would escalate, taking place on 27- 28 June in the first week, 4-6 July in the second week, 11-14 July in the third week, 18-22 July in the fourth week and the whole of the week commencing 25 July.
The barristers would refuse to work again for the whole week commencing 1 August, then they would down tools for whole weeks at a time on alternating weeks ‘with no end date… subject to the response from government’.
The ballot will close at midnight on 19 June.
The ’no returns’ protest has been ongoing since April, over low legal aid fees for defence barristers. Last week, the CBA held consultations with members by Zoom to gauge their views. CBA chair Jo Sidhu QC said ‘the overwhelming feedback was… there should be a swift and substantial escalation in the action we are taking’.
The Ministry of Justice (MoJ) has proposed a 15% increase, the minimum recommended by Sir Christopher Bellamy’s criminal legal aid review, to be introduced in October. The CBA say members would not benefit from the increase until at least late 2023. It is asking for a 25% increase and wants the government to ‘at least’ implement the minimum 15% increase with immediate effect.
Sidhu said a quarter of criminal barristers have left their practice in the past five years and 567 trials were postponed last year for want of an available prosecution or defence barrister.
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