Criminal barristers to be balloted on legal aid action

Criminal barristers are to be balloted on action after the government failed to commit to expediting its response on criminal legal aid reform.

Nearly all criminal barristers who responded to a Criminal Bar Association survey last month said it was unreasonable for the government to delay its response to Sir Christopher Bellamy’s criminal legal aid review by the end of March and signalled that they were willing to escalate action if the government did not move faster.

Last week ministers warned that rushing criminal legal aid reform could open the government up to legal challenges – effectively telling practitioners they would not be giving the undertakings being sought.

Last night CBA chair Jo Sidhu QC confirmed no undertaking was received by the 14 February deadline and members will now be balloted on action.

Sidhu said: ‘The results of our survey in January were resoundingly clear. 94% of criminal barristers who responded demanded that, by 14^th February, the secretary of state for justice should give an undertaking that he would provide his full response to CLAR and complete any consultation process by the end of march. You were unequivocal that you would be prepared to take action if he failed to give such an undertaking.

‘The deadline has now passed and we have received no undertaking. Following a meeting of the CBA executive this evening it has therefore been resolved that we will now proceed to a ballot for action to be issued on 28 February.’

The CBA last balloted members on action in 2018, which was suspended following a breakthrough in negotiations with the Ministry of Justice, and called off after the criminal bar narrowly voted to accept the government's £15m offer.

Justice minister James Cartlidge said: 'Hard-working legal professionals helped keep justice moving during the pandemic and thanks to their efforts court backlogs are beginning to fall.

'It is disappointing the CBA has decided to move to ballot on disruptive action, particularly after our constructive meeting last Thursday and our plans to meet again next week.

'Rushing our policy development and consultation as the CBA demands risks poorer outcomes and leaving us open to legal challenge. I urge them to instead to continue to engage in this vital work alongside other representative bodies.'