A walkout by criminal barristers protesting low fees is likely to be postponed after the Criminal Bar Association (CBA) struck a deal with the government.
Barristers had voted overwhelmingly in favour of the ‘whole profession’ walkout and for prosecution and defence barristers to refuse returns from 1 July.
However, the Crown Prosecution Service (CPS), Ministry of Justice (MoJ) and Attorney General have this week announced ‘an accelerated package of measures’ while a wider review of fees takes place until summer 2020.
The CPS has agreed that, for all hearings/trials underway as at 1 September 2019, all fixed fees will be increased to the level of the Advocates’ Graduated Fees Scheme (AGFS), which sets payment levels for defence advocates. Refreshers will be paid from the second, rather then the third, day of trial. Continuation fees in long running trials will not be reduced from day 41. Full fees will be paid from the first day of trial, and barristers will be paid at the conclusion of the trial or other hearing where sentence is adjourned.
Director of Public Prosecutions Max Hill QC said the CPS was committed to introducing a fees scheme ‘that gives a fair deal for prosecution advocates, and is affordable and sustainable’.
On the AGFS, the MoJ has agreed to consider by the end of November the issues of unused material, fees for cracked trials and uplifts in paperheavy cases. A government spokesperson said it was ‘only sensible to refocus on areas where professionals have expressed pressing concerns’.
The CBA will now ballot its members again, this time on the new proposals.
CBA chair Chris Henley QC recommended the interim package to CBA members.
