Criminal Bar withdrawal of services update

This week marks the third week of the Criminal Bar Association (CBA) escalated withdrawal of services across Northern Ireland’s Crown Courts.

The CBA is a specialist association of the Bar of Northern Ireland, representing criminal barristers working in Northern Ireland. In December 2024 a majority of CBA members voted to escalate a withdrawal of services from the Crown Court. CBA members therefore withdrew from appearing in all legally aided Crown Court cases listed between Monday 6th and Friday 31st January 2025.

The escalated action is taking place in addition to a continuing withdrawal of services in certain categories of criminal cases which commenced in November 2024.

Chair of the Bar Council, Donal Lunny KC described the background to the withdrawal of services and the wider access to justice crisis:

“The difficult decision on the part of criminal barristers to withdraw their services in legally aided Crown Court cases was regrettable but also inevitable. Fees for legally aided criminal work have not increased since 2005 and are worth just 50% of their original value.

“Hugely demanding work hours, increasingly complex cases, unfair remuneration, and payment delays have coalesced to make Crown Court criminal Legal Aid work an unviable practice area for an increasing number of legal professionals, particularly younger, and female barristers. The goodwill of barristers has been exhausted after a protracted period of being asked to do significantly more whilst earning significantly less.

Chair of the Bar Council Donal Lunny KC added:

“Barristers deliver a vital service to the criminal justice system. The Bar Council remains committed to working with the Department of Justice (DoJ) to ensure that every individual who comes before the courts has access to efficient and effective legal representation.

“There is an urgent need to stabilise the system. Regrettably, the “Enabling Access to Justice Reform Programme”, announced by DoJ in December 2024, demonstrates a dismissive approach to the present crisis.

“DoJ has chosen selectively to disregard key evidence-based recommendations from the Independent Review of Criminal Legal Aid undertaken by Judge Burgess which was completed in August 2024 but not published by DoJ until December 2024.

“Proposed interim increases in fees will be confined to certain areas of work, might not come in to effect for years, and are at risk of being significantly eroded by other Departmental proposals.

“We have highlighted various areas where faithful implementation of Judge Burgess’ recommendations could have significantly improved the situation and provided a viable starting point from which to address the core issues that have given rise to the withdrawal of services. The Bar has met with DoJ and emphasised the CBA’s concerns.

“We are disappointed that DoJ has chosen to maintain a position which falls far short of addressing the areas of concern. The crisis in our criminal justice system requires a more urgent and meaningful response from DoJ.

“Barristers are dedicated and hard-working professionals who want to be back in Crown Court, fearlessly representing clients to the best of their ability. They have taken this action out of serious concern that the system is rapidly deteriorating to a point where legal representatives with the necessary skill and experience can no longer appear before our Crown Courts, with resultant harm accruing to accused persons, to victims of crime, and to the system itself.

“We call on the Department to re-evaluate its position. The opportunity remains for meaningful and urgent engagement to take place to avert any further escalation of the CBA withdrawal of services.”

ENDS

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