The Ministry of Justice aims to publish its response on criminal legal aid reform mid-March, the Gazette understands – as the criminal bar prepares to cast its ballot on whether or not to take action over the pace of reform.
Lord chancellor Dominic Raab promised to publish his response to Sir Christopher Bellamy’s recommendations in a government-commissioned review by the end of March alongside a consultation. However, hundreds of barristers who responded to a Criminal Bar Association survey in January considered the timetable unreasonable and signalled that they were willing to escalate action if the government did not move faster.
In the days leading up to the 14 February deadline, leaders of representative and practitioner bodies made direct pleas to ministers for urgent action. However, they were told that rushing reform could open the government up to legal challenges.
After failing to receive the undertakings being sought, the CBA confirmed this week that ballot papers will be sent out next Monday.
The Gazette now understands that the MoJ is aiming to publish its response in the week commencing 14 March and the timeframe is likely to be discussed at a meeting with the CBA this week.
CBA chair Jo Sidhu QC said: 'The CBA has made it clear to members and government that, on Monday, we will be balloting our members about taking action.
'Government to date has failed to provide any formal response to the recommendations contained in the [review], that has been with the Ministry of Justice since 30 November 2021, after first being promised three years earlier.
'We await to hear from government any details on its response. The only timetable that has been communicated to us by the MoJ takes us to October 2022 with no prospect of an increase in fees until 2024. Neither criminal barristers nor criminal solicitors can afford to wait that long. We have already paid a heavy price in attrition from our ranks for the inexcusable failure to deal post-haste with the impact of diminishing real incomes, and we are both facing decimation if critical intervention is not forthcoming.'
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