Monday 6 January 2014

Criminal Barristers Protest at Legal Aid Cuts

Today criminal barristers refused to attend courts in the morning in protest at proposed government plans to cut legal aid.

The joint action with criminal solicitors came in response to government plans to slash fees by a minimum of 17.5% in all cases and by 30% in the most difficult cases. Cases involving vulnerable individuals were not affected by today’s action.

It is first time in history that barristers have taken such action; barristers are recorded from as early as 1466. Since 1997, criminal barristers have had their fees cut by a staggering 40%. I cannot think of another profession that has suffered anything remotely close to such radical cuts. The result of these reductions is some barristers, who have trained for a number of years and amassed thousands of pounds of debt, earning as little £13,000 a year. This is without the planned cuts.

The Criminal Bar Association, which represents barristers undertaking criminal work, has said the proposed cuts would result in barristers being paid lower than the national minimum wage, which they are not prepared to do. It says that the cuts pose the most serious threat to the British legal system in more than 400 years. The Association argues that the cuts will drive able barristers from criminal work and deter future criminal barristers. The result, it says, will be to strip the criminal justice system of anyone able to adequately prosecute serious criminals or defend those falsely accused.

Comment

The British justice system is on the brink of destruction. This is not an exaggeration. Our legal system is the world’s most admired justice system. The late Nelson Mandela said at his trial in 1964: ‘I have great respect for British political institutions, and for the country’s system of justice. I regard the British Parliament as the most democratic institution in the world, and the independence and the impartiality of its judiciary never fail to arouse my admiration’. This reputation attracts litigations from across the world, who choose to use our legal system to settle their disputes at great benefit to our economy. Stripping the criminal justice system of those able to adequately prosecute serious criminals or defend the falsely accused will strip Britain of its reputation for justice. This will not only show our society to be unconcerned with equal justice, but will lead to adverse economic consequences as foreign litigants decide to dispute their cases elsewhere.

Criminal barristers are asking for a pay freeze. That is not unreasonable after a pay cut of 40% over the last 17 years. Further legal aid cuts will strip the criminal Bar of all its talent: the guilty will be inadequately prosecuted and the innocent will be poorly defended. Justice will be destroyed. Legal aid and justice must be saved.

What are your thoughts?

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