Criminal barristers in Preston and across the country are striking this week over pay disputes with gatherings on Monday

Criminal barristers engaged in criminal legal aid defence work only (AGFS), which affects all criminals courts in England and Wales.

They are members of the The Criminal Bar Association (CBA.)

When are the strikes taking place?

This week, walk-outs are taking place between Monday July 11 to Thursday July 14, and gatherings were held at numerous courts on Monday morning, including in Preston.

This is the third week of escalated CBA action involving court walk-outs and refusal of new defence instructions under AGFS (criminal legal aid scheme for defence advocates).

Five days of court walk-outs are also planned for the full week beginning July 18, followed by a suspension the week beginning 25 July, before recommencing the week beginning 1 August, for a full five days.

The pattern of alternating weeks of court walk-outs would then continue, with no end date, remaining under review and subject to the response from Government.

Where are the walk-outs taking place?

Walk-outs are country-wide and Monday’s gatherings were held at Preston Crown Court, Birmingham Crown Court, Plymouth Crown Court, in London at the Supreme Court.

Gatherings will be held at numerous other locations as the walk-outs continue.

What is the dispute about?

The ongoing action, which began back in April, is in relation to Government-set fees for criminal legal aid advocacy work, and its effect on retainment.

The CBA say the Government-set rates have “barely moved in 20 years”, meaning some 10% of barristers left this line of public criminal work between 2020 and 2021, “deciding there was no viable future for them.”

They add that the crisis has been deepened by criminal legal aid fees having been slashed by 28% in the last decade.

Today, there are around 2,400 specialist criminal barristers, which is a quarter fewer than five years ago, and in the year to 31 March 2022, over 1,000 trials were postponed last minute because there was no prosecuting or defence advocate available to deal with the case.

What do the campaigners say?

Jo Sidhu QC, chair, and Kirsty Brimelow QC, vice chair, of the Criminal Bar Association, who is herself from Preston, said: “There is a recognition amongst criminal barristers at all levels of call and across all Circuits that what is at stake is the survival of a profession of specialist criminal advocates and of the criminal justice system which depends so critically upon their labour. Without immediate action to halt the exodus of criminal barristers from our ranks, the record backlog that has crippled our courts will continue to inflict misery upon victims and defendants alike, and the public will be betrayed. Our unity is our strength.”

What are the CBA demanding?

an increase to advocates’ remuneration under the AGFS by 25% per annum for claims submitted on or after 11th April 2022 pay for written work as recommended by the Independent Review of Criminal Legal Aid (CLAR) index link AGFS payments.

What has the Ministry of Justice said?

On June 30, the Ministry of Justice said it would give criminal barristers a “very generous” 15 per cent pay rise for new cases, but barristers have rejected the proposals as not being enough, wanting the uplift now for backlog cases.