“No new murder cases until funding issues resolved” say CBA
Barristers set to protest at Royal Courts of Justice today as access to justice crisis deepens
Criminal Barristers will withdraw services today in reaction to continued inertia from the Department of Justice on fee levels for work on some of the most serious criminal cases in Northern Ireland.
The Bar of NI has said that barristers have voted not take on any new Category A crown court cases which includes the likes of murder, and manslaughter.
The withdrawal of services will be commenced with a full-scale day of action today when all criminal barristers engaged in both criminal defence and prosecution work will withdraw their services, meaning they will not attend criminal court for any work or engage in any associated legal administration work, except for emergency matters.
A large representative group of criminal barristers is expected to assemble outside of the Royal Courts of Justice in Belfast later this morning to demonstrate against the Department of Justice’s neglect of the criminal legal aid system.
The Bar of Northern Ireland has said that it has always been, and that it remains, willing to engage urgently with the Department of Justice to address the current pressures, but that measures taken today can come as no surprise to Justice Minister Long or her department.
Chair of the Bar of NI, Donal Lunny KC commented:
“The Bar Council has, for many months, been exploring every possible alternative measure and has consistently called for urgent action from the Department of Justice to avoid any withdrawal of service taking place.”
“This is now a grave situation where we have been forced to highlight publicly that the current system is wholly unsustainable due to a lack of funding, engagement and action from the Department of Justice. Barristers are independent, self-employed practitioners, many of whom are not just struggling but are at breaking point. Our consistent warnings to the Department have gone unheeded, and the foreseeable result is a serious access to justice crisis.”
“Today’s initial strike action has not been taken lightly; it is very much a last resort. It is a regrettable but necessary measure to preserve the viability of the system of Criminal Legal Aid as a vital public service. Criminal cases are becoming increasingly
complex, court delays are at chronic proportions despite criminal barristers working at 130% capacity, Crown Court fees have not been increased in almost 20 years and barristers are forced to wait 3-4 months to be paid.
“We’re seeing all these matters coming together in a system of Criminal Legal Aid that is no longer fit for purpose. This has a profound impact on committed and dedicated legal professionals who have been under unbearable strain to support a demand-led public service. There is no longer the capacity nor goodwill to continue to do so. We are experiencing more and more colleagues, both junior and experienced, suffer from burn out and leave their roles as the remuneration for the increasingly complex work they do is no longer viable.
“We understand the concern this will cause to victims and those seeking justice in relation to serious crimes. However, victims should be in no doubt that it is the Department’s prolonged inaction that has brought us to today’s crisis. An effective, properly funded criminal justice system is as important, if not more important, to victims as it is to everyone else involved in that system.
“Our asks are modest and achievable – the DoJ must immediately publish the Independent Review of Criminal Legal Aid which they have been withholding since August, provide a fair interim uplift in fees, and work with urgency and purpose to address
substantively the long-standing problems of unfair renumeration and payment delay to preserve the viability of our system of Criminal Legal Aid and ensure access to justice for all.”
ENDS
For further information and to set up interviews, please contact:
Chris Brown
Brown O’Connor Communications
M: 07801973320
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