****CRIMINAL BAR STRIKE ****
Sikh Lawyers Association stands in solidarity with the Criminal Bar Association and members of the Criminal Bar.
We would like to commend Jo Sidhu QC of 25 Bedford Row and the Chair of the Criminal Bar Association for all of his hard work in making the Criminal Bar a better place for current members and future generations.
No Returns:
For far too long criminal barristers have been working on low-income and offering goodwill gestures by taking on cases that were returned by colleagues at short notice.
Not anymore; since 11 April 2022, the Criminal Bar decided on a ‘No Returns’ policy. Under the ‘no returns’ policy, barristers agree not to accept cases that are returned by colleagues who have a diary clash. The action results from a ballot in March 2022 in which 94% of Criminal Bar Association (CBA) members voted no longer to accept return work, though they will continue to attend court and accept cases of their own.
Statistics:
Statistics have shown that junior barristers earn £12,200 per annum. This is less than what a paralegal, legal assistant or legal secretary earns.
Barristers spend enormous amounts of money on studying and then training to become a barrister, often incurring a large amount of debt, all to earn less than minimum wage.
It is absurd for someone with that level of training and expertise to be earning the bare minimum at a time when there is a living crisis.
Criminal Justice System ‘on it’s knees’ before COVID-19:
The Criminal Justice System was on its knees long before the Criminal Bar decided to take action. There was a backlog of approximately 50,000 cases prior to COVID-19. This was due to legal aid cuts and funding cuts in the Criminal Justice System, which meant various courts were closed.
Court closures led to other courts having to distribute those cases amongst themselves in an already overcrowded system.
Diversity and Young Talent:
The poor funding to the Criminal Bar has meant young and diverse members of the profession have had to leave because it is not sustainable at the poor rates they are expected to work.
Members of the Bar who come from diverse and untraditional backgrounds cannot merely survive on £12,200 per annum. Out of this, they are to pay their travel, rent, bills and other costs. This is not sustainable for any individual. Young members of the Bar do not have wealthy family members who can support them financially. Many come from backgrounds where they are the breadwinners in their families.
Young vulnerable clients already have trust issues with the Government and authoritative organisations. Over the years, due to the Criminal Bar being diverse, vulnerable young people have started to trust their representatives, the process and the system. If the Government does not increase funding, then all this work and effort that barristers have put in with young people will be lost.
“Clients, particularly young vulnerable people, want to see people who look like them to represent them”
Something which the Government needs to remember when making these decisions. It does not just affect barristers or the Criminal Justice System; it affects the lives of those who could lose their liberty and those who rely on the system to get them justice.
It is, therefore, vital that the Criminal Bar remains diverse in order for us to represent the society we live in today. Unfortunately, many of our diverse members are leaving the profession due to the low-income fixed rates being offered.
What will this mean?
It will mean that instead of moving forward with times, we will go back to the 1950s and how the profession looked back at that time.
This is not progression and not the diverse Britain our Government claims they are proud to be associated with.
“It’s not about the money, it’s about justice”:
Barristers do this job because they love it and are passionate about seeking justice for their clients. It has never been about the money.
Increased numbers are leaving the profession because they can no longer sustain and survive on the current rates.
This means clients and prosecution witnesses will be left unrepresented in Court if the Government does not take drastic action now. The increase in the backlog is not down to the Criminal Bar but this Government.
Barristers do not get paid for their preparation:
Criminal barristers often spend long hours preparing for their cases, attending conferences with clients/witnesses and attending court. However, they do not get paid for any of this preparation work.
Enough is enough; it is about time they get paid fairly for the long hours they put in to ensure the Criminal Justice System continues running smoothly.
Sacrifices are often made by these barristers, including missing special moments or spending time with family and children.
What is the current position?
In June 2022, the Ministry of Justice announced that they would increase the fees by 15% ONLY on new cases starting from September 2022. This position was reinforced again at the end of July 2022, following the lobby in Parliament.
What does this mean for Criminal Barristers?
It means that criminal barristers will not see an increase in their wages until at least 2024/2025 due to the now 60,000 cases that are currently backlogged within the system.
What is the Criminal Bar asking for?
As a starting point, a 15% increase on the current backlog (60,000) of cases. The Independent Review of Criminal Legal Aid offer 15% as a minimum starting point and is not final.
It is a make-or-break year for the Criminal Bar. We urge the Ministry of Justice and Dominic Raab to engage in conversations with the Criminal Bar Association and rectify the situation before it is too late.
The Criminal Justice System is on its knees because of the Government and Dominic Raab, not the Criminal Bar.
Sikh Lawyers Association supports this action and all of its members that are participating in the action. We urge the Government to engage with the Criminal Bar Association for a prompt resolution.
Article by Tinessa Kaur (Co-founder)
