Crime does not pay

Barristers in wigs and gowns brandishing placards with slogans, ‘Crime does not pay’ and ‘Legal aid needs first aid’, made for a distinctive picket line outside the Old Bailey and other Crown Courts. The walkouts, which will increase by one day each week then switch to every other week, have attracted national media attention and high levels of support from outside the profession.

Solicitors are also considering striking―the London Criminal Courts Solicitors Association (LCCSA) was due to close its ballot this week on whether to refuse to cover duty slots at police stations and magistrate’s courts. Many solicitors are already refusing to take on burglary and other low-paid work. LCCSA president Hesham Puri said action could begin as early as next week.

Last week, the Ministry of Justice (MoJ) confirmed legislation will be laid in Parliament by 21 July to increase fees paid under the Advocates' Graduated Fee Scheme (AGFS) by 15% from 30 September 2022. It also set out plans to respond to Sir Christopher Bellamy’s criminal legal aid review―which urged an immediate 15% rise in fees as a minimum―in full in the autumn, including ‘details on the longer-term funding and structural graduated fee schemes reform’, which may result in further increases. Criminal law solicitors will receive an extra 9% in fees from September.

However, Jo Sidhu QC, chair, and other executive members of the Criminal Bar Association (CBA), said: ‘Nothing has changed.

‘The Criminal Bar has known the government’s position for months, and resoundingly rejected it when 81% of us voted for days of action. That 15% will only apply to new representation orders from October 2022.

‘Therefore, criminal barristers would not expect to receive the benefit of the 15% increase until late 2023/24 because it would not apply to the 58,000 cases in the backlog.’