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Criminal barristers to stage half day 'tools down' on 6 January Criminal barristers announce half-day refusal to work in legal aid protest
(about 1 hour later)
Criminal barristers across England and Wales will refuse to attend court for half a day in the new year in protest at government cuts of up to 30% in income from legal aid.Criminal barristers across England and Wales will refuse to attend court for half a day in the new year in protest at government cuts of up to 30% in income from legal aid.
The "mass non-attendance" organised by the Criminal Bar Association (CBA) will take place on the morning of 6 January – the start of the first full working week after the Christmas and new year holidays, as well as the beginning of the new legal term.The "mass non-attendance" organised by the Criminal Bar Association (CBA) will take place on the morning of 6 January – the start of the first full working week after the Christmas and new year holidays, as well as the beginning of the new legal term.
The announcement by the CBA follows mounting resentment over successive reductions in legal aid which the organisation claims has already resulted in cuts of 40% in legal aid fees for criminal cases since 1997.The announcement by the CBA follows mounting resentment over successive reductions in legal aid which the organisation claims has already resulted in cuts of 40% in legal aid fees for criminal cases since 1997.
The barristers have been careful to avoid describing the action as a 'strike' because that would raise complex questions over their contractual obligations to the Legal Aid Agency. Judges in individual cases could also express concerns about professional misconduct.The barristers have been careful to avoid describing the action as a 'strike' because that would raise complex questions over their contractual obligations to the Legal Aid Agency. Judges in individual cases could also express concerns about professional misconduct.
To forestall criticism, Nigel Lithman, QC chairman of the CBA, said his organisation had already spoken to the lord chief justice, Lord Thomas, the recorder of London and common serjeant and the director of public prosecutions.To forestall criticism, Nigel Lithman, QC chairman of the CBA, said his organisation had already spoken to the lord chief justice, Lord Thomas, the recorder of London and common serjeant and the director of public prosecutions.
A statement explained: "The CBA will co-operate with courts to ensure nobody's liberty will be compromised as a result of this non-attendance."A statement explained: "The CBA will co-operate with courts to ensure nobody's liberty will be compromised as a result of this non-attendance."
Lithman warned that the criminal bar was being "dismantled into non-existence". He added: "Who can blame anybody for wishing to protest against swingeing cuts that mean they can't pay their mortgages or afford to come back to work after being on maternity leave.Lithman warned that the criminal bar was being "dismantled into non-existence". He added: "Who can blame anybody for wishing to protest against swingeing cuts that mean they can't pay their mortgages or afford to come back to work after being on maternity leave.
"The government says it is tough on crime, but is stripping the criminal justice system of anyone able to adequately prosecute serious criminals or defend those falsely accused. We merely seek a pay freeze. Who could be more reasonable than that?""The government says it is tough on crime, but is stripping the criminal justice system of anyone able to adequately prosecute serious criminals or defend those falsely accused. We merely seek a pay freeze. Who could be more reasonable than that?"
The protest is not the first direct action by lawyers. Last summer there were street demonstrations by lawyers in London and Manchester in protest at legal aid cuts and plans to remove defendants' ability to choose their own solicitor.The protest is not the first direct action by lawyers. Last summer there were street demonstrations by lawyers in London and Manchester in protest at legal aid cuts and plans to remove defendants' ability to choose their own solicitor.
Barristers involved in fraud cases have also begun a mass boycott of so-called very high cost cases (VHCCs) where fee cuts will be 30% – a case before Southwark crown court is in danger of collapsing because no specialist barristers will take on work at the new rates.Barristers involved in fraud cases have also begun a mass boycott of so-called very high cost cases (VHCCs) where fee cuts will be 30% – a case before Southwark crown court is in danger of collapsing because no specialist barristers will take on work at the new rates.
As questions about competitive-tendering and defendants' choice of solicitor have dropped out of the Ministry of Justice's reform package, the dispute has come down simply to fee levels. The MoJ has promised to save £220m out of the annual criminal aid bill by cutting most fees by 17.5% and maintain that many barristers earn six-figure salaries. As questions about competitive-tendering and defendants' choice of solicitor have dropped out of the Ministry of Justice's reform package, the dispute has come down simply to fee levels. The MoJ has promised to save £220m out of the annual criminal aid bill by cutting most fees by 17.5%.
Barristers, however, point out that an income of £100,000 only translates into a salary equivalent of around £50,000 after chambers' feees, VAT, travel expenses and other costs have been deducted. The MoJ maintains many barristers earn six-figure salaries. Barristers point out that an income of £100,000 translates into a salary equivalent of about £50,000 after chambers' fees, VAT, travel expenses and other costs have been deducted.
The CBA statement said: "One of the common misconceptions is that legal aid is seen as a gravy train for barristers, who come from a privileged background and who all earn over £100,000 a year.The CBA statement said: "One of the common misconceptions is that legal aid is seen as a gravy train for barristers, who come from a privileged background and who all earn over £100,000 a year.
"In reality 60% of barristers at the criminal bar earn less than £40,000 a year. They face earning fees as low as £20 a day, once the hours of skilled preparation, time in court, tax and clerks' fees are factored in.""In reality 60% of barristers at the criminal bar earn less than £40,000 a year. They face earning fees as low as £20 a day, once the hours of skilled preparation, time in court, tax and clerks' fees are factored in."
In a message to members of the CBA, Lithman said: "Some members of the CBA have decided that they will no longer be available/will not work during the morning of the 6 January; but will be available to attend court from 2pm only on that day.In a message to members of the CBA, Lithman said: "Some members of the CBA have decided that they will no longer be available/will not work during the morning of the 6 January; but will be available to attend court from 2pm only on that day.
"Those of you who want to show your support will decide for yourselves whether you too will choose to work for the first half of that day or only as from 2pm. We hope that judges will be sympathetic to applications for a 2pm start. This appears to be a wholly reasonable and proportionate response to the conduct of the MoJ.""Those of you who want to show your support will decide for yourselves whether you too will choose to work for the first half of that day or only as from 2pm. We hope that judges will be sympathetic to applications for a 2pm start. This appears to be a wholly reasonable and proportionate response to the conduct of the MoJ."
The MoJ maintains that the UK has one of the most expensive legal aid systems in the world and that savings are required to meet spending commitments made for the coming years. A spokesperson added: "Barristers in VHCCs are well-rewarded. Around two-thirds receive fee incomes of more than £100,000, and often well-over that. Even after our changes they would continue to be generously paid – for both this work and for more general advocacy work in criminal courts. Any disruption to court schedules is unnecessary, and barristers choosing to try and do so inconvenience their clients and hard-working taxpayers." The MoJ says Britain has one of the most expensive legal aid systems in the world and that savings are required to meet spending commitments made for the coming years. A spokesperson added: "Barristers in VHCCs are well rewarded. Around two thirds receive fee incomes of more than £100,000, and often well over that. Even after our changes they would continue to be generously paid – for both this work and for more general advocacy work in criminal courts. Any disruption to court schedules is unnecessary, and barristers choosing to try and do so inconvenience their clients and hard-working taxpayers."
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