Northern Ireland barristers escalate legal aid action

Northern Ireland barristers escalate legal aid action

Pictured: Donal Lunny KC, chair of the Bar Council of Northern Ireland.

Northern Ireland’s criminal courts will grind to a halt in January after criminal barristers announced a significant escalation of their industrial action over legal aid fees.

Members of the Criminal Bar Association (CBA) are to withdraw from appearing in all legally aided Crown Court cases listed between 6 and 31 January 2025.

It follows a one-day withdrawal of services on 4 November 2024 and is in addition to an ongoing withdrawal of services in Category A cases, which include trials for murder and serious sexual offences.

Bar Council chair Donal Lunny KC said: “The withdrawal of services on the part of the Criminal Bar Association is regrettable, but the Department of Justice’s approach in reviewing the operation of our system of criminal legal aid has made it inevitable.

“Fees for legally aided criminal work have not been increased since 2005 and are worth just 50 per cent of their original value. Additionally, barristers are subject to crippling payment delays, under a policy imposed by the DoJ on the basis of balancing its budget.

“Criminal barristers have indicated that the levels of remuneration in the most serious and complex of cases do not allow counsel to provide the expert advocacy that these cases demand and that the public deserves.

“These cases are the most serious in the legal order. The consequences of conviction are gravely serious, and the factual and legal issues involved are vastly complex. These cases are not funded to a level which allows for proper representation at present.”

A long-awaited review of the criminal legal aid system was published earlier this month and recommended an immediate 16 per cent increase in legal aid fees.

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