Many cases at the city’s crown court are expected to grind to a halt this month, as barristers representing clients on Legal Aid begin an indefinite walk-out.
It follows a summer-long battle between the Criminal Bar Association, which represents barristers practising criminal law, and the government over the fees paid for Legal Aid or part-publicly funded cases.
Jonathan Green, head of crime at Drystone Chambers, whose barristers regularly practice at Oxford Crown Court, said there was ‘real rage’ among his colleagues about how ministers had responded to the industrial action. When CBA members voted for the all-out strike last month, then Lord Chancellor Dominic Raab accused them of holding justice to ‘ransom’.
Today, four trials are expected to be adjourned at the St Aldates courthouse, as counsel representing the defendants are thought to be taking part in the strike. Depending on how long the walk-out lasts, there are question marks over whether a number of high-profile trials – including two murder trials – will be able to go ahead.
Mr Green said of the strike-action, which began slowly with a two day walk-out in late June: “It’s been difficult. None of us went into this profession purely for the money and we all care passionately about justice being administered so being forced into a position where we have to frustrate that desire has been difficult.”
But the response to the strike from the public – and the government – had strengthened their resolve, he added. “There is real rage, I think it’s not too strong a word, amongst criminal barristers about the way we have been treated and the fact we have been brought to this position against our will.”
The CBA has called for a 25 per cent rise in the rates paid to criminal barristers for Legal Aid work. They say a quarter of the profession has left the criminal bar in the past five years and some junior barristers are paid the equivalent of less than the minimum wage, once preparation time, travel and office costs are taken into account.
It follows an independent review published last year that recommended government increase its funding of the Legal Aid system by ‘at least’ 15 per cent a year – amounting to around £135m in extra investment per annum.
The review’s author, former judge Lord Bellamy, said the extra £135m was ‘the minimum necessary as the first step in nursing the system of criminal legal aid back to health after years of neglect’.
Barristers take part in a picket line outside the Old Bailey in June Picture: PA
Under Boris Johnson, ministers offered a 15 per cent increase – to come into force for cases that enter the system from the end of September.
Because barristers are typically only paid when a case has concluded – either after their client has been acquitted or sentenced – it could be years before they see the benefit of the rise. The government has refused to bring in the rate increase for cases already in the system, saying it would cost a ‘disproportionate’ amount of money.
Speaking on the eve of the strike, CBA chairman Kirsty Brimelow QC said the courts were 'downtrodden'. “It is not even a functioning justice system,” she said.
She added: “Government policies on toughness on crime and supporting victims are meaningless without the required proper investment in criminal barristers who deliver the justice.”
But the barristers are only part of the system. Unless a barrister is directly instructed by a client, the vast majority of cases are managed by solicitors. They might pick up a case at the police station then represent the accused at the magistrates’ court before, if a case is serious enough to go to the crown court, instructing a barrister to defend them at the trial or sentencing hearing.
Jan Matthews, director of Oxford-based law firm Reeds, said he ‘absolutely would be worried’ about the strike were it not for the fact other areas of his business able to cover the losses in the crime department.
“In the magistrates’ court it’s next to impossible to make money,” he said. “Across the board, our magistrates’ courts team lose money. That’s despite many years of us working with our extremely good solicitors who work all hours of the day. They are quite often out until two or three o’clock in the morning then they get up and go to court.”
He added: “If this strike goes on for, let’s say, three months, I think you’re going to start seeing a significant number of the smaller firms going under.
“What you’ll end up with are those deserts of legal aid – that are already around – will expand into other areas.”
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This story was written by Tom Seaward. He joined the team in 2021 as Oxfordshire's court and crime reporter.
To get in touch with him email: Tom.Seaward@newsquest.co.uk
Follow him on Twitter: @t_seaward