Criminal barristers in Northern Ireland have announced a one-day withdrawal of services on November 4 as part of a dispute over legal aid fees.
The Criminal Bar Association (CBA) also said that from the beginning of November, barristers will refuse instructions in new Category A Crown Court cases, which include offences of murder and manslaughter.
They will also refuse instructions in any retrials in cases which follow on from hung juries or appeals.
The Department of Justice has said it is “surprised and disappointed” by the barristers’ action.
Donal Lunny KC, chair of the Bar of Northern Ireland, described how the system of criminal legal aid has reached “crisis point”.
He said: “Criminal barristers are dedicated and committed professionals, and they apply their legal knowledge to matters that are serious, complex, and traumatic, providing access to justice and ensuring a fair balance between the prosecution and the accused during criminal proceedings.
“Criminal barristers in our crown courts work for legal aid rates which have, when adjusted for inflation, plummeted between 47% and 58% since 2005.
“Routinely, these barristers will wait at least three to four months for payment once a case is concluded and their fee is submitted.
“Long hours, increasingly complex cases, unfair remuneration, and payment delays have coalesced to make legally aided criminal work an unviable practice area for an increasing number of legal professionals, particularly younger barristers.”
The CBA said the Department of Justice had commenced a fundamental review of criminal legal aid in October 2023. It said a report by Judge Tom Burgess was provided to the department in August.
Mr Lunny added: “The Bar engaged extensively and constructively with the Burgess Review.
“It is a source of deep frustration and disappointment that the department has not demonstrated the necessary urgency in response to the Burgess Review findings and recommendations.
“The department has even refused to take the simple and logical step of publishing the Burgess Review to those who participated in it.
“This demonstrates a disconcerting lack of openness and reflects a failure to take a collaborative approach with legal professionals and other stakeholders across the criminal justice system.
“The Criminal Bar Association has not taken the decision to withdraw services lightly.
“Indeed, it is an option of last resort and comes after an extended period of patient forbearance with a system that is no longer sustainable or fit for purpose.
“Despite their efforts and goodwill, the Criminal Bar Association have had their hand forced by DoJ inaction and complacency.
“This planned action is a regrettable but necessary measure to protect criminal legal aid as a vital public service.
“The department should be in no doubt: the Bar is steadfast in its resolve to ensure that the system of Criminal Legal Aid, which is an essential element of a fair and effective justice system, is returned to a state where it is fit for purpose.”
A spokesperson for the Department of Justice said: “The department commissioned a fundamental review of criminal legal aid which was taken forward by HHJ (His Honour Judge) Burgess and which the Bar engaged with.
“The department is considering HHJ Burgess’s report and the associated recommendations.
“The department has also given undertakings to continue engaging with all stakeholders, including the Bar, following a ministerial statement which will be made in the coming weeks.
“It is well-known the Department of Justice has been consistently underfunded and the fallout from such underfunding is now being realised.”
The spokesperson added: “The Bar is aware that the department has been working to secure a more sustainable budget and additional funding has been secured this year to meet the current pressures.
“It should be noted that pressures were at an all-time high in 2023/24 when the Legal Services Agency paid out circa £114 million to legal professionals, the highest level of payment in the history of legal aid.
“The department will continue to push hard for more funding to address the underfunding issues across justice.
“It is therefore premature to announce strike action at this time.”
