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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