New justice secretary Brandon Lewis ‘must negotiate’ to end barristers’ strike

Victims’ Commissioner says Dominic Raab’s refusal to meet striking barristers was ‘reckless failure’ as delays mount

Criminal barristers gather outside the Supreme Court for a rally following the start of an indefinite strike action on 6 September 2022 (Anadolu Agency via Getty Images)

New justice secretary Brandon Lewis has been told he “must open negotiations” with barristers to end a strike that has disrupted thousands of court hearings.

Dominic Raab refused to meet with the Criminal Bar Association (CBA) during a months-long dispute over the government fees paid for defending people who cannot afford legal representation.

Industrial action that started in June has escalated to an indefinite, total strike, with Ministry of Justice figures suggesting that 1,300 cases a week will be disrupted as a result.

Kirsty Brimelow QC, chair of the CBA, said the new justice secretary “must open negotiations” as soon as possible.

“All political parties talk about the importance of protecting victims of crime and delivering justice - the alternative is insecurity and vigilante action,” she added.

“Dangerous people on the streets will be delighted by the current political stance towards barristers’ action. Barristers’ action is not only about money, but also about having a functioning criminal justice system.”

Mr Lewis has not yet made any direct mention of the strike, but said he looked forward to working with new prime minister Liz Truss on the “many pressing issues we face”.

In a video published by the Ministry of Justice on Wednesday, he said he would ensure the government is “delivering across our prison service, keeping people safe and ensuring fast and proper access to justice for everybody”.

Mr Lewis previously served as the Northern Ireland secretary and held several junior ministerial positions covering areas including Brexit, immigration and housing.

His government profile and website says he “qualified” as a barrister but makes no mention of him practising. The Independent has requested clarification on his legal experience but not yet received a response.

The Victims’ Commissioner for England and Wales warned that Mr Lewis was inheriting a “criminal justice system devastated by years of cuts and chronic underfunding, with victims ultimately paying the price”.

Dame Vera Baird QC added: “At times the system barely functions. Where it does, it seems to rely on goodwill alone. This goodwill is rapidly being exhausted, as is victim patience. We urgently need genuine and sustainable investment.

“It is essential that the dispute with the Criminal Bar is swiftly and urgently resolved, or we will see profound and long-lasting damage to the criminal justice system.”

The watchdog said Mr Raab’s refusal to meet with the CBA was a “reckless failure”, and called on his successor to abandon his Bill of Rights.

Dame Vera said the law would “erode rather than strengthen victims’ rights”, and that the government needed to concentrate on delivering justice for rape victims as prosecution rates stand at a record low.

The Bar Council, which represents barristers across different areas of law, called for the new government to “stop the attacks on lawyers that undermine confidence in the rule of law”, following repeated rhetorical assaults by Priti Patel and Boris Johnson.

Chair Mark Fenhalls QC said: “It must commit to sufficiently funding the legal system so that the public gets the service it deserves. This means building capacity through more judges and support staff, paying barristers and solicitors adequately, and rebuilding our crumbling courts.”

The government previously announced that criminal legal aid rates will rise by 15 per cent for new cases from the end of the month, but the increase will not be retrospective, meaning that fees for those stuck in the backlog are paid at old rates.

An increase of “at least 15 per cent above present levels ... without delay” was the core recommendation of an independent review of legal aid that was published in December.

The Fair Trials group said the criminal justice system was currently “institutionally racist”, and that the previous government’s agenda had prioritised “excessive criminalisation and punishment” over evidence-based policy.

Chief executive Norman L. Reimer added: “After years of cuts, the system is on its knees with a backlog of 60,000 cases in England and Wales, thousands languishing in prison waiting for their trial and barristers striking indefinitely to protect legal aid.

“Justice delayed is justice denied. With trials not being set until years in the future, justice is being denied to everyone involved in a criminal case, whether they are the accused, a victim or their families.”

The Criminal Justice Alliance called for a focus on “restorative justice”, while Justice said Mr Lewis “should focus on policies that work, such as increased emphasis on rehabilitation to tackle the ballooning and expensive prison population, as well as eliminating racial disparities in the criminal justice system”.

Official figures show that prosecution rates have fallen to a record low of 5.6 per cent, with only 1.3 per cent of rapes charged, while police-recorded crime is at a record high.

The Crown Prosecution Service (CPS) has said that police forces have been referring fewer crimes for charging decisions, while police forces have said their capacity is being reduced by non-crime demand.

The Police Federation, which represents rank-and-file officers in England and Wales, said new guidance had “added to bureaucracy” and slowed investigations down.

Chair Steve Hartshorn said: “We would urge the new justice secretary to address this issue and to help us cut bureaucracy in policing and get officers back on the streets quicker.”