Criminal barristers in England and Wales to vote on walkout over pay

Criminals barristers in England and Wales are to vote over a national walkout on 1 July in protest at low fees, which they say can be as low as £46.50 for a day in court.

The Criminal Bar Association’s (CBA) announcement of a ballot, among thousands of lawyers who carry out defence and prosecution work, marks a sharp escalation in the long-running dispute over payment for legal work.

The threat of bringing the criminal courts to a standstill comes as the government, drifting towards political paralysis over Brexit, appears vulnerable and may be thought more likely to settle.

Under austerity measures, the Ministry of Justice has suffered deeper cuts to its budget than any other Whitehall department. For years, fees were not upgraded in line with inflation.

This week, the former president of the supreme court, Lord Neuberger, warned further cuts would lead to a “breakdown of the rule of law”.

The CBA’s membership ballot, which opens on Friday and closes at 5pm on Tuesday 4 June, also calls for further disruptive action, including a “national criminal justice summit”, taking training days with solicitors and adopting a policy of “no returns” – refusing to cover for transferred casework from barristers who cannot attend court on a certain date.

Chris Henley QC, the chair of the CBA, told members: “If you vote for action the responsibility lies solely with the senior management of the Crown Prosecution Service and government ministers who … claim to care about victims of crime yet have failed to intervene.

“The CBA understands its responsibility to the profession, and to the wider public, to safeguard and champion the highest possible standards in the criminal courts, but this requires publicly funded lawyers to be able to see a sustainable and viable financial future ahead of them. It is astonishing and shameful how wilfully and casually those with the power to choose are risking complete professional collapse.”

The ballot asks CBA members to take action over two specific fee schemes: CPS Scheme C, and the Advocates’ Graduated Fee Scheme 11. The CBA has pointed out that prosecution work can often earn as little as £46.50 for a day’s court attendance.

The effective strike would take place on 1 July, with a policy of no returns coming into effect on that date as well if members voted for action.

Henley said he would prefer the CPS and the MoJ to engage in talks to avoid disruption. “There may be criticism of the impact of action on innocent victims, witnesses and defendants,” he added.

“But they are being failed on a daily basis up and down the country already. Serious trials are not going ahead even where defendants are in custody and victims and complainants have prepared themselves for a hearing.”

Courts are already being disrupted due to MoJ parsimony, he said. “A direction reducing sitting days and an embargo on using recorders [junior judges] to ease the pressure, when trials are in jeopardy,” was forcing the postponement of cases for months.

“There are empty courtrooms with capacity, but no judges. The state of things shames us all.”

Henley said some CBA members were arguing for a full-time stoppage. “This may yet come. But, at present, we have the moral high ground and we need to take the whole profession with us. Every one of us must be ready to make the case at every opportunity against the casual vandalism which currently defines criminal justice policy in all areas.”

A CPS spokesperson said: “We are well aware of the concerns being raised by the Bar but are disappointed they have taken this step. We wrote to them earlier this month to make clear that we hugely value their work and share their desire for a swift and positive conclusion to the review of fees schemes.

“Work is under way, but a significant amount of research and analysis is necessary to develop new schemes that are simple, fair, affordable and sustainable. We expect to conclude this work by September. This is an ambitious timescale, but reflects the importance attached to this work.”

A government spokesperson said: “We have worked closely with the Bar to increase spend by £23m, a rise of 10%, and so are extremely disappointed by the possibility of strike action.

“We’ve also recently committed to a full review of legal aid payment schemes and are already engaging with all levels of legal professionals on this. We urge all barristers to consider the most constructive way forward before casting their vote.”