Criminal barristers vote to extend withdrawal of services

The Criminal Bar Association (CBA) has today voted to extend its current withdrawal of services in all legally aided Crown Court cases for four weeks from 01 February 2025.

The CBA is a specialist association of the Bar of Northern Ireland, representing criminal barristers working in courts across Northern Ireland. The CBA met on Monday 28 January to consider options around the withdrawal of services and overwhelmingly voted to extend the action for another four weeks.

In addition to the withdrawal of services, criminal barristers have refused to take new instructions in Category A cases since the beginning of November 2024. From February 2025, the refusal to take new instructions will extend to mutli-complainant Category D cases.

Chair of the Bar Council, Donal Lunny KC commented on the extended withdrawal of services:

“This extended action on the part of the Criminal Bar Association is regrettable but also became inevitable as January progressed and the Department of Justice failed to engage meaningfully with the Bar in respect of the serious concerns which have given rise to the CBA’s action.

“Such limited engagement as there has been has served to exacerbate, rather than to alleviate, the concerns of the CBA around the Department’s approach to the administration of the system of Criminal Legal Aid in our Crown Courts.

“These concerns are reflected in the fact that turnout was the highest of any of the recent CBA votes on the current industrial action and in the fact that almost 90% of participating CBA members voted in support of an extension of the withdrawal.

“The Bar of Northern Ireland repeats its call for the Department of Justice to recognise the extent of the crisis that prevails and act with expedition to address it. That means urgent and faithful implementation of the recommendations of the independent expert, Judge Tom Burgess, following his fundamental review of the operation of Criminal Legal Aid, which was completed as long ago as August 2024.

Donal Lunny KC added:

“Criminal barristers want to be in court, representing their clients, running and resolving criminal cases - cases that often involve deeply complex and serious matters. The action of the CBA has been taken as a last resort and is symptomatic of the access to justice crisis that has caused the deterioration of the provision of publicly funded legal services.

“The Bar of Northern Ireland has at all times been, and remains, ready, willing, and able to engage in meaningful dialogue with the Department of Justice in order to resolve the access to justice crisis.”

ENDS