Criminal barristers in Northern Ireland announce one-day withdrawal of services
Criminal barristers in Northern Ireland have announced a one-day withdrawal of services on November 4 as part of a dispute over the payment of legal aid fees.
The Criminal Bar Association (CBA) added that from the beginning of November, barristers will refuse instructions in all category A crown court cases, which include offences of murder and manslaughter, and will also refuse instructions in any retrials in respect of all cases which follow on from hung juries or appeals.
Donal Lunny KC, chair of the Bar of Northern Ireland, claimed the system of criminal legal aid has reached “crisis point”.
He said: “Criminal barristers are dedicated and committed professionals, and they apply their legal knowledge to matters that are serious, complex and traumatic, providing access to justice and ensuring a fair balance between the prosecution and the accused during criminal proceedings.
“Criminal barristers in our crown courts work for legal aid rates which have, when adjusted for inflation, plummeted between 47% and 58% since 2005.
“Routinely, these barristers will wait at least three to four months for payment once a case is concluded and their fee is submitted.”
The Department of Justice said it is "surprised and disappointed that the Criminal Bar Association intends to take industrial action".
In a statement, it added: "The Department commissioned a Fundamental Review of Criminal Legal Aid which was taken forward by HHJ Burgess and which the Bar engaged with. The Department is considering HHJ Burgess’ report and the associated recommendations.
"The Department has also given undertakings to continue engaging with all stakeholders, including the Bar, following a Ministerial Statement which will be made in the coming weeks.
"It is well-known the Department of Justice has been consistently underfunded and the fallout from such underfunding is now being realised.
"The Bar is aware that the Department has been working to secure a more sustainable budget and additional funding has been secured this year to meet the current pressures.
"It should be noted that pressures were at an all-time high in 2023/24 when the Legal Services Agency paid out circa £114m to legal professionals, the highest level of payment in the history of legal aid.
"The Department will continue to push hard for more funding to address the underfunding issues across Justice. It is therefore premature to announce strike action at this time."
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