Legal News

Criminal barristers have announced they will stage days of action in protest against government cuts to the Legal Aid budget.

The first day of action has been set for 6 January 2014, to coincide with the start of reductions in Legal Aid services.

The strike action means many courtrooms up and down England and Wales will close in the morning, as defendants are left without representation.

The Law Society – which represents solicitors in England and Wales – has questioned whether the proposed days of action by criminal barristers are the correct strategy for opposing government cuts to Legal Aid.

A Law Society spokesman said:

“Barristers have taken their decision, but for many firms with responsibilities for their firms and their employees, the situation is very different. Is this the best strategy for achieving change?

“We continue to impress upon the Ministry of Justice (MoJ) the damage that cuts to legal aid will undoubtedly cause.”

However, former chair of the Criminal Bar Association (CBA) Michael Turner QC said that the initial day of action planned for 6 January was just “a starter”.

Addressing the Criminal Law Solicitors Association in November he said:

“If the government does not back down, we will not be in court the next month on the following Tuesday, and so on.

“And if it doesn’t back down, we will not be in court on the following Tuesday and Wednesday – and then the Tuesday and Wednesday and Thursday and Friday.”

The current chairman of the Criminal Bar Association Nigel Lithman QC has confirmed that the first day of action by criminal barristers will be on 6 January – but criminal barristers will attend court from 2pm onwards. He said the day of action was a “wholly reasonable and proportionate response” to government cuts to Legal Aid, and it would be the personal decision of prosecution and defence barristers whether they took strike action.

Although barristers and solicitors work closely together – with solicitors instructing a barrister to represent a client in court – barristers are self-employed. Those who take on Legal Aid cases are paid by the Legal Aid Agency – and high profile criminal cases or immigration cases which are funded publicly can accrue huge costs.

The Ministry of Justice has made cuts to the Legal Aid budget and set out which cases are eligible for public funding in the Legal Aid, Sentencing and Punishment of Offenders Bill 2012.

The coalition government announced budget cuts to Legal Aid as part of its cost cutting proposals to reduce public spending. Campaigners fear that many people who previously would have been eligible for public funding to take their cases to court will now be ineligible.

Moves to introduce set fees or lower fee levels for lawyers – for example in personal injury compensation cases – have also caused controversy. In some Legal Aid cases, lawyers’ fees could be cut by as much as 30%.

Duncan Lewis Criminal Solicitors

Duncan Lewis is a leading firm of criminal solicitors and can offer legal advice to those facing criminal charges or being questioned under caution.

Duncan Lewis criminal solicitors can visit police stations, courts and prisons – and our highly experience Higher Court Advocates have conducted serious matters like murder and rape.

Duncan Lewis criminal lawyers can also advise on appeals against conviction or sentencing.

Contact Duncan Lewis criminal solicitors on 020 7923 4020 – or for urgent legal advice or representation 24/7, call the Duncan Lewis Emergency Hotline on 0203 7275 2036.