Courts empty for legal aid action

Criminal barristers and solicitors massed outside criminal courts across England and Wales today in a half-day of action against legal aid cuts—the Bar’s first walkout in its history.

Lawyers deserted Crown and Magistrates’ courts in droves, with many trials listed for the morning re-scheduled ahead of the protest.

The campaigners, many sporting full court attire of wigs and gowns, are calling for a re-think of Ministry of Justice (MoJ) plans to cut £220m a year from the criminal legal aid budget. They argue that the cuts will be unsustainable, and will increase the risk of miscarriages of justice.

Barristers and solicitors face a cut of about 17.5%—30% in their fees if the plans go ahead, while solicitors will be paid the same amount if their client pleads guilty or not, raising a conflict of interest.

Earnings at the criminal Bar vary widely, with many making less than £25,000.

James Welch, Liberty’s legal director, says the proposals “put the fairness of our criminal justice system in serious jeopardy”. 

In contrast with the robust action on display this week, the Law Society has controversially pursued a policy of engagement with the MoJ over legal aid, leading to it losing a vote of no confidence in its leadership 228 votes to 213 shortly before Christmas.

James Parry, partner at Liverpool firm Parry Welch Lacey, who led the campaign for the vote, says proposed fee cuts will make the majority of criminal defence work unviable, and two-thirds of criminal law firms could go out of business. Fees are to be cut by 17.5%, although Parry says the cuts will be worse in reality as there will be a flat fee of £321 for magistrates’ court trials.

However, Des Hudson, chief executive of the Law Society, defended its tactics, saying non-engagement “did not work”.