Nearly 95% of criminal barristers who prosecute cases would be prepared to take direct action in protest against the fees paid by the Crown Prosecution Service (CPS).
Responding to a Criminal Bar Association (CBA) survey, published this week, 1,870 barristers said they would take days of action and adopt a no returns policy if all other routes to reform were exhausted.
More than 2,000 barristers took part in the survey, and the overwhelming majority complained they are overburdened and underpaid. 99.3% said ‘no’, when asked if they felt current rates for prosecution advocacy reflect the demands, skills and responsibilities involved.
Nearly 85% do not feel valued by the CPS, and similar numbers said the amount of work expected has increased in the past five years, including the amount of time spent on materials that are then not used.
Moreover, 98% agreed counsel should be paid a refresher fee for the second day in all cases; 93% thought an additional fee should be paid for written work, and 94% thought they should be paid for reviewing unused material.
Current rates have not increased since the CPS advocacy scheme launched in 2001―and fees were cut by 5% in 2012.
CBA chair Chris Henley QC said it was ‘beyond ridiculous’ that a barrister could spend a whole day in court presenting a serious criminal case for £46.50.
Richard Atkins QC, chair of the Bar Council, said: ‘One of my priorities for 2019 is to ensure that those members of the Bar who do publicly funded work, are fairly and properly remunerated.
‘The many barristers who are instructed by the CPS perform a vital public function, without whom the system of justice in this country would not operate.’
Last year, the CBA negotiated fee increases of £23m for defence work after protests by criminal barristers.
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