Criminal Bar ‘will take action’

The Criminal Bar Association (CBA) has hinted at potential strike action if the government presses ahead with extended operating hours.

An HM Courts & Tribunal Service (HMCTS) ‘Consultation with legal professionals on COVID operating hours in the Crown Courts’ ends on 10 December. Extended operating hours (with courts sitting 9am-1pm and 2pm-6pm) is currently being piloted in seven Crown Courts.

Extended operating hours were discussed last week at a meeting between the CBA, other legal professionals and HM Courts & Tribunals Service (HMCTS). CBA chair James Mulholland QC, in his message to members this week, said ‘we were, effectively, not being asked but being told that there were plans for Extended Operating Hours Courts to go ahead from January 2021’.

After setting out the CBA’s objections to the plan, Mulholland said: ‘In 2015 we took action, refusing returns, in solidarity with criminal legal aid solicitors…Cuts to criminal advocates’ legal aid fees and a failure to increase prosecution fees resulted in the Criminal Bar balloting for and taking action in 2018 and 2019…If HMCTS maintain their position that these courts will be introduced, we will take action.’

He said HMCTS has failed to conduct a proper assessment of the plan, in breach of the Equality Act 2010, adding: ‘The consultation process now initiated provides insufficient time for proper representations to be made.’

Mulholland warned extended operating hours would deter people from the criminal Bar, particularly women, citing a CBA survey three years ago showing it would have a ‘very significant discriminatory impact on those with young children and other caring responsibilities’. He said the Spending Review commitment of £275m last week should be used to expand the physical court space available.

The backlog of cases in Crown Courts has increased to 50,000 from about 40,000 in March, and will take years to clear, according to evidence given by the Lord Chief Justice to the Justice Committee. He predicted increasing numbers of cases coming through the courts, and said ‘even if we were able to run those courts flat out, we would be retrieving the backlog only a little, maybe by 50 cases a week or that sort’.