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Barristers walk out of courts in strike over legal aid funding Barristers walk out of courts in strike over pay
(about 3 hours later)
In 2014 barristers staged a series of walkouts across the country which brought major trials to a halt Barristers are striking across England and Wales in a dispute over pay and conditions.
Barristers will walk out of courts across England and Wales on Monday in a dispute over legal aid funding. More than 1,000 cases will be impacted on each day of the strikes, the Criminal Bar Association (CBA) said.
During the strikes, they will not accept new cases or take on work for colleagues whose cases have overrun. Justice Secretary Dominic Raab said strikes would "only delay justice for victims" with courts already facing a backlog of 58,271 cases.
The Criminal Bar Association (CBA) said around 81.5% of its more than 2,000 members who voted in a ballot supported the action. Kirsty Brimelow QC, deputy chair of the CBA, said the proposed 15% pay rise would not happen until the end of 2023.
Justice Secretary Dominic Raab said the strikes were "regrettable" and would "only delay justice for victims". By then, she told BBC's Today programme earlier, it would be too late to help and would not do enough to stem the flow of junior barristers leaving the bar.
In a statement released on the first day of action, Mr Raab urged barristers "to agree the proposed 15% pay rise which would see a typical barrister earn around £7,000 more a year". Mr Raab urged barristers "to agree the proposed 15% pay rise which would see a typical barrister earn around £7,000 more a year".
However, Kirsty Brimelow QC, deputy chair of the CBA, which represents barristers in England and Wales, told the BBC's Today programme that any increase in pay would not be seen until the end of 2023 "at the earliest" as it would not apply to backlogged cases. But Ms Brimelow, speaking from the picket line outside Manchester Crown Court on Monday, told BBC Breakfast that the system had run on "good will" for a long time, including throughout the pandemic, with junior barristers working "ridiculous hours."
She said the government's "leisurely timetable" was "kicking the can down the road", and would not do enough to stem the flow of junior barristers leaving the bar. She said the issue had been "caused by government, not by barristers."
This video can not be played The criminal justice system is not functioning, Kirsty Brimelow said
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Two young lawyers share their concerns about the profession
As of the end of April, there was a backlog of 58,271 cases, according to HM Courts and Tribunal Service.As of the end of April, there was a backlog of 58,271 cases, according to HM Courts and Tribunal Service.
There were 567 criminal trials, including 60 sexual offence cases, unable to go ahead last year as there were no barristers to prosecute and defend them, according to Ms Brimelow. There were 567 criminal trials, including 60 sexual offence cases, that were unable to go ahead last year as there were no barristers to prosecute and defend them, according to Ms Brimelow.
The number of lawyers working in criminal justice - both barristers who appear before judges in court and solicitors who instruct them - has declined over the last decade, as many say they cannot make a living from the rates paid to them when they take on cases funded by legal aid.The number of lawyers working in criminal justice - both barristers who appear before judges in court and solicitors who instruct them - has declined over the last decade, as many say they cannot make a living from the rates paid to them when they take on cases funded by legal aid.
Ms Brimelow said the justice system was not functioning and there "has to be pressure for long-term gain." Barristers have been warned that they could face disciplinary proceedings for misconduct if they don't turn up to court by the most senior judge in England and Wales, The Lord Chief Justice Lord Burnett.
But Ms Brimelow said the justice system was not functioning and there "has to be pressure for long-term gain."
How much do criminal lawyers earn?How much do criminal lawyers earn?
The Legal Aid rules set limits on feesThe Legal Aid rules set limits on fees
For 13 hours, a solicitor would earn around £250 - an hourly rate of almost £20For 13 hours, a solicitor would earn around £250 - an hourly rate of almost £20
When it comes to court, some barristers say the time they spend preparing cases means their hourly earnings are below minimum wageWhen it comes to court, some barristers say the time they spend preparing cases means their hourly earnings are below minimum wage
The Law Society has mapped the loss of criminal solicitors nationwideThe Law Society has mapped the loss of criminal solicitors nationwide
In comparison, the website Checkatrade says the average day rate of a plumber is now almost £350 - although there are obviously regional differencesIn comparison, the website Checkatrade says the average day rate of a plumber is now almost £350 - although there are obviously regional differences
Lawyers who work in other areas, such as private corporate law, can expect to earn £100,000 a year from very early in their careers.Lawyers who work in other areas, such as private corporate law, can expect to earn £100,000 a year from very early in their careers.
CBA chairman Jo Sidhu QC said that a shortage of barristers is causing "increasing misery to victims and those accused", as they are sometimes left waiting years. Junior barristers are working for a "pittance" - and sometimes for nothing at all if cases are adjourned, barrister and author Chris Daw told BBC News.
He said that the 15% pay rise proposed by the government would not "touch the sides" and will be "wiped out by inflation" by the time it comes into effect.
If nothing changes, he said strike action could go on until August "or beyond".
This video can not be played
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Two young lawyers share their concerns about the profession
A shortage of barristers is causing "increasing misery to victims and those accused", as they are sometimes left waiting for years CBA chairman Jo Sidhu QC said.
He said barristers had suffered an average fall of 28% in their real earnings since 2006 and juniors in their first three years of practice earned a median income of just £12,200, which is below the minimum wage.He said barristers had suffered an average fall of 28% in their real earnings since 2006 and juniors in their first three years of practice earned a median income of just £12,200, which is below the minimum wage.
Mr Sidhu said almost 40% of junior criminal barristers left the profession in one year and that more than a quarter of specialist criminal barristers - around 300 - quit in the last five years.Mr Sidhu said almost 40% of junior criminal barristers left the profession in one year and that more than a quarter of specialist criminal barristers - around 300 - quit in the last five years.
He said: "In reality, our judges have been forced to adjourn 567 trials last year at the last minute because there simply wasn't a prosecuting or defence barrister available."He said: "In reality, our judges have been forced to adjourn 567 trials last year at the last minute because there simply wasn't a prosecuting or defence barrister available."
The strikes are intended to span four weeks, starting with walkouts on Monday and Tuesday and increasing by one day each week until a five-day strike from Monday 18 July to Friday 22 July.The strikes are intended to span four weeks, starting with walkouts on Monday and Tuesday and increasing by one day each week until a five-day strike from Monday 18 July to Friday 22 July.
Barristers are expected to rally at a number of high-profile courts that manage the most important cases in the country on Monday - including the Old Bailey, Birmingham, Manchester and Bristol Crown Courts. Barristers are rallying at a number of high-profile courts that manage the most important cases in the country on Monday - including the Old Bailey, Birmingham, Manchester and Bristol Crown Courts.
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