Criminal barristers vote for direct action

Nearly 2,000 practitioners (about 80% of the Criminal Bar) responded last week to the Criminal Bar Association’s (CBA’s) seven-day poll on direct action. Their grievance is Ministry of Justice (MoJ) delays in responding to Sir Christopher Bellamy’s Independent Review of Criminal Legal Aid.

In December, Sir Christopher’s review recommended at least £135m extra per year be added to the budget in order to keep the criminal justice system functioning effectively. This would increase funding for solicitors and barristers by 15% above present levels, amounting to an extra £35m in fees.

Sir Christopher said there was ‘no scope for further delay’ in increasing fee rates.

However, the Justice Secretary has said he will not publish a full response until the end of March, followed by a consultation that is unlikely to conclude until the end of June. 

The CBA survey found 96% agreed Sir Christopher’s recommended 15% minimum increase was insufficient to ensure the long-term viability of the Criminal Bar.

Some 96.5% were in favour of taking action including adopting a ‘no returns’ policy as a minimum if the government did not commit to a ‘substantial increase’ in pay rates. 94% favoured action unless the government published a full response to the review, with a timetable for implementation, by 14 February and completed the statutory consultation by the end of March.

CBA chair Jo Sidhu QC and vice-chair Kirsty Brimelow QC said: ‘We have waited too long. We will wait no longer. Solidarity at the Criminal Bar has never been stronger. There is no going back.’

Law Society president I Stephanie Boyce said: ‘The 15% increase in criminal legal aid rates recommended in Sir Christopher’s report should be implemented immediately. 

‘If this does not happen, we fear that our members will leave the market at ever faster rates. Criminal defence solicitors have been waiting 25 years for an increase.’

According to MoJ figures, 1,080 firms held a criminal legal aid contract in September 2021 compared to 1,621 firms in September 2012.