The new prime minister faces criminal justice chaos after barristers voted to commence a full-blown strike that will bring the system to a screeching halt.

The Criminal Bar Association revealed this morning that 79.54% of members have voted to escalate the current legal aid action – alternating weeks of court walkouts, no new instructions and no returns – to uninterrupted 'weeks of action' that will commence on 5 September. Only 9% voted to end the action and 11% voted to continue with the current action.

Over the past fortnight 2,273 CBA members voted – exceeding turnout for June's ballot (2,055), where barristers voted to commence an escalating number of court walkouts. The CBA has around 2,400 members.

The association said: ‘Given that many members have been away during this month, the increased level of participation in this latest ballot speaks volumes about the strength of feeling amongst colleagues across all six circuits.’

The last full working day for barristers participating in court walkouts is Friday as next week is a currently scheduled 'week of action'.

The government branded the latest decision 'irresponsible'.

Justice minister Sarah Dines MP said: 'This is an irresponsible decision that will only see more victims face further delays and distress. The escalation of strike action is wholly unjustified considering we are increasing criminal barristers’ fees by 15 percent, which will see the typical barrister earn around £7,000 more a year.'

The CBA is demanding a 25% uplift in fees, which the association says is necessary to prevent a further attrition of barristers from the profession. The government's 15% uplift will come into force at the end of September and will apply only to new representation orders from October. With the Crown court backlog currently hovering around 58,000 cases, the CBA says its members would not receive the benefit of a 15% increase until late 2023. 

Bar Council chair Mark Fenhalls QC said: 'It is a matter of deep regret to all of us that barristers have been driven as a last resort to take this further action. Members of the criminal bar have been feeling mistreated, undervalued and overwhelmed for a decade or more. Politicians cannot be in any doubt as to the dire state of the criminal justice system. Ministers must look again immediately at ways to fund the backlog cases and bring a resolution to this difficult situation.' 

 

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