British criminal system braced for strike action

Lawyers in the British criminal system are bracing themselves for planned strike actions.

Ian Allenden

Lawyers in the British criminal system, who return to work today after the Easter break, are getting ready for planned strike actions. A Criminal Bar Association ballot of members, 90 per cent of a 55 per cent turnout, voted for strikes, including mass walkouts to boycott the courts and refusal to taking on new legal aid cases. The decision coincides with the introduction of the Advocates' Graduated Fee Scheme, which came into effect on Sunday, 1 April, linking barristers’ legal aid pay to the complexity of a case. The Ministry of Justice argues reforms reflect actual work done in court improves value for taxpayers and replaces an archaic scheme of billing by pages of evidence.

A system under stress

The strikes reflect systemic problems, notably pay structures and the failing state of the criminal system. Some young barristers say they earn as little as £80 a day; below the minimum wage given the hours involved. Barristers, though self-employed and thus technically not able to strike nor complain about minimum wage, argue fees have been cut by 40 per cent over 20 years, and lack of investment undermines diversity and social mobility in the profession. The director of public prosecutions in England and Wales, Alison Saunders, is to step down at the end of her five-year contract in October. Ms Saunders recently faced criticism after several rape trials collapsed. 

Low morale

Morale is also low, with 33.7 per cent of criminal barristers considering leaving the profession, according to the Financial Times. The Bar Council tweeted yesterday that this compares to ‘fewer than 17 per cent of non criminal barristers' thinking of leaving the profession or considering alternatives.

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