Criminal barristers are to vote on whether to end strike action after the government put forward a revised offer on legal aid funding. The Criminal Bar Association said the lord chancellor's 'premature' press release was not a good start.

The Ministry of Justice this morning said the offer represents further investment of £54m in the criminal bar and solicitors.

Brandon Lewis MP arrives to be sworn in as lord chancellor

Brandon Lewis MP is greeted at the Royal Courts of Justice by the lord chief justice and the master of the rolls.

Source: Michael Cross

A planned 15% fee increase for criminal barristers will now apply to the vast majority of cases currently in the Crown court. This will also apply to fee increases for solicitors.

Lord chancellor and justice secretary Brandon Lewis said: 'I greatly value the criminal bar and solicitors and the work they do every day in our Crown and magistrates Courts. They are crucial to reducing the backlog. My priority in these discussions has been to ensure that victims aren’t forced to wait longer to see justice done.

'These are generous proposals, and I would strongly urge all members of the Criminal Bar Association to consider carefully, end their strike and work with me to deliver better outcomes for victims of crime.'

The Ministry of Justice says it will make £3m of funding available for case preparation like written work and special preparation. A further £4m will be allocated to defence barristers involved in pre-recorded cross-examinations, which are used to reduce the trauma of a trial for vulnerable victims and witnesses.

A £5m uplift per year is being proposed for fees in the youth court, from the 2024/25 financial year, which the ministry says will benefit solicitors and some junior barristers.

An advisory board on criminal legal aid reform will hold its first meeting next month to discuss future proposals to improve the system for legal professionals and victims. Further uplifts for solicitors will be announced 'in the weeks ahead'.

The government's offer does not mark the immediate end of the criminal bar's action, which began in April. The CBA will now ballot members on the new deal.

The ministry issued a press release, headlined 'New justice secretary agrees deal to get criminal barristers back to work' while Lewis was being sworn in as lord chancellor at the Royal Courts of Justice.

The CBA said: 'The members of the CBA will be balloted on suspending action on the basis of an interim package. The details are being discussed by our members. It is not a good start that the lord chancellor Brandon Lewis has insisted on going ahead with a premature press release.

'The CBA leadership has always maintained to members, since action started in April, that should any material improvement come from government towards meeting our six balloted demands made clear end of February and balloted on in March, all to address unpaid work done by criminal barristers, then we would put such material improvements to CBA members in a fresh ballot where it would be for them to decide on whether or not to suspend any action pending any interim package and lasting settlement.'

 

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