Nationwide demonstrations to draw the public’s attention to the criminal bar’s dispute with the government over legal aid funding have been cancelled this week out of respect for the late Queen Elizabeth II - however, court walkouts will continue as criminal bar chiefs prepare to meet the new lord chancellor.

As well as cancelling demonstrations and public gatherings of criminal barristers planned for this week, Criminal Bar Association chair Kirsty Brimelow KC said members would not be attending parliament to lobby their MPs. Arrangements for next week will be kept under review.

However, barristers continue their court walkout.

Brimelow said: ‘There has been no movement from government and so the action continues, in accordance with the ballot of 22 August. Criminal law barristers continue not to accept instructions/returns for criminal legal aid funded defence, and continue not to attend court in relation to those defence cases. The action is in relation to criminal legal aid funded defence cases, under AGFS [Advocates Graduated Fee Scheme].

‘The action is having a substantial impact and resolution is a logical step. The crisis is not caused by barristers. On an economic level alone, the ongoing cost to the criminal justice system of additional hearings and adjournment of trials and empty courtrooms is likely to outstrip the amount required to resolve this action.’

Brimelow said several senior judges have refused to extend custody time limits in cases where the defence barrister was absent due to the ongoing action. ‘To date, extension of custody time limits has been refused by judges at court centres up and down the country including Bristol, Isleworth, Bolton, Leicester, Lincoln, Woolwich and Manchester (Minshull Street). Some of these cases are the subject of expedited judicial review by the CPS, others are not.

‘Their judgments are clear that the CBA action increased gradually, giving government plenty of space and time to resolve it. The judgments spell out that the government has had ample time to resolve the legal aid dispute and ongoing crisis in the criminal justice system. The applications to keep defendants in prison as trials are adjourned, therefore, are failing at Crown courts.

Brimelow will meet lord chancellor and justice secretary Brandon Lewis CBE MP on Thursday. The Law Society and Bar Council are also expected to be present at the meeting.

 

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