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Lawyers to miss court hearings in protest over changes to contracts Lawyers to miss court hearings in protest over changes to contracts
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A senior judge and the Crown Prosecution Service have warned lawyers in northern England over plans for a disruptive, all-day meeting on Monday in protest at changes to legal contracts.A senior judge and the Crown Prosecution Service have warned lawyers in northern England over plans for a disruptive, all-day meeting on Monday in protest at changes to legal contracts.
Barristers on the northern circuit, which takes in Manchester and Liverpool, have voted in a secret ballot to refuse work under the new Quality Assurance Scheme for Advocates (QASA).Barristers on the northern circuit, which takes in Manchester and Liverpool, have voted in a secret ballot to refuse work under the new Quality Assurance Scheme for Advocates (QASA).
Proposals unveiled by the Ministry of Justice this month to introduce competitive tendering for contracts to represent defendants, the removal of suspects' right to choose their lawyer and cumulative cuts in legal aid have added to the anger among both barristers and solicitors.Proposals unveiled by the Ministry of Justice this month to introduce competitive tendering for contracts to represent defendants, the removal of suspects' right to choose their lawyer and cumulative cuts in legal aid have added to the anger among both barristers and solicitors.
The letter sent out by the CPS to the heads of chambers in the north says: "We understand the presiding judge for the northern circuit, Mr Justice Holroyde, has written to Richard Pratt QC, the circuit leader, to explain that the meeting does not provide a sufficiently good reason for court hearings not to proceed.The letter sent out by the CPS to the heads of chambers in the north says: "We understand the presiding judge for the northern circuit, Mr Justice Holroyde, has written to Richard Pratt QC, the circuit leader, to explain that the meeting does not provide a sufficiently good reason for court hearings not to proceed.
"It is also our view that a meeting of barristers does not provide good cause for the usual work of prosecution to be disrupted.""It is also our view that a meeting of barristers does not provide good cause for the usual work of prosecution to be disrupted."
The letter from the judiciary declares: "We have been made aware that members of the bar and solicitors have said that they may not attend court on Monday.The letter from the judiciary declares: "We have been made aware that members of the bar and solicitors have said that they may not attend court on Monday.
"The position of the judiciary is straightforward. It is constitutionally independent. It will hear any applications to adjourn, taking into account the interests of both parties and the administration of justice, but will only remove a case from the list if an application is made on properly arguable grounds."The position of the judiciary is straightforward. It is constitutionally independent. It will hear any applications to adjourn, taking into account the interests of both parties and the administration of justice, but will only remove a case from the list if an application is made on properly arguable grounds.
"If no application is made or if it is refused, the court hearing will proceed on Monday as listed. In recognition of the uncertainty, the court will take steps to minimise any adverse impact on witnesses who have already been warned to attend on Monday.""If no application is made or if it is refused, the court hearing will proceed on Monday as listed. In recognition of the uncertainty, the court will take steps to minimise any adverse impact on witnesses who have already been warned to attend on Monday."
Rick Pratt QC told the Solicitors Journal earlier this month: "We are not opposed to the principle of quality assurance. We welcome regulation which makes quality of advocacy the determining factor as to who should appear in court and at what level of case.Rick Pratt QC told the Solicitors Journal earlier this month: "We are not opposed to the principle of quality assurance. We welcome regulation which makes quality of advocacy the determining factor as to who should appear in court and at what level of case.
"But the current scheme does not achieve that aim. It rewards competence, not excellence. It will mean that the lowest common denominator becomes the norm rather than the very high standards which we have always valued.""But the current scheme does not achieve that aim. It rewards competence, not excellence. It will mean that the lowest common denominator becomes the norm rather than the very high standards which we have always valued."
On Friday, afternoon judges on the northern circuit were hearing applications for cases to be adjourned on Monday. A number, it is known, were turned down.On Friday, afternoon judges on the northern circuit were hearing applications for cases to be adjourned on Monday. A number, it is known, were turned down.
A Ministry of Justice spokesman said: "It would be disappointing if some lawyers were to choose to disrupt court schedules – this would not help them and simply inconveniences the court, the public and their clients. HM Courts & Tribunal Service will work with others across the criminal justice system to keep disruption to a minimum.A Ministry of Justice spokesman said: "It would be disappointing if some lawyers were to choose to disrupt court schedules – this would not help them and simply inconveniences the court, the public and their clients. HM Courts & Tribunal Service will work with others across the criminal justice system to keep disruption to a minimum.
"At this stage the government is consulting on proposals to reform legal aid in criminal law, to increase public confidence and encourage efficiency. We encourage lawyers to talk to us about the plans and respond to the consultation, rather than taking disruptive action.""At this stage the government is consulting on proposals to reform legal aid in criminal law, to increase public confidence and encourage efficiency. We encourage lawyers to talk to us about the plans and respond to the consultation, rather than taking disruptive action."
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