Barristers’ strike ‘the government’s fault’, victims’ advocates say after minister blames lawyers

Justice minister calls all-out strike an ‘irresponsible decision that will only see more victims face further delays and distress’

An unprecedented barristers’ strike that will cripple the criminal courts is “entirely the government’s fault”, victims’ advocates have said as vulnerable people wait years for justice.

Groups working with survivors of rape and sexual offences hit back after a justice minister called the indefinite walk-out beginning next week an “irresponsible decision that will only see more victims face further delays and distress”.

A backlog of almost 60,000 crown court cases has built up, after being exacerbated by government austerity and Covid, and trials are already being scheduled for 2024.

Official figures suggest that for every full working week that criminal barristers strike, around 1,300 cases, including 300 trials, will be disrupted.

The victims’ commissioner for England and Wales said victims were “paying the price” for the dispute over the government rates paid to defend people who cannot afford legal representation.

Dame Vera Baird QC said the strike was “just the latest symptom of a criminal justice system that is severely and recklessly underfunded” and warned of a “dangerous shortage” of barristers needed to operate the system.

“Any further exodus of criminal barristers would deal a crushing blow,” she added.

“It will also further shatter the trust of victims, who have already suffered unconscionable delay. We urgently need the government to get back round the table to negotiate a fair resolution.”

Almost 80 per cent of Criminal Bar Association (CBA) members voted for an all-out strike after the government refused to negotiate on their demands over increased legal aid payments through waves of escalating action that began in June.

Dominic Raab, the justice secretary, has still not met members of the group and was on holiday in Surrey when the ballot result was announced on Monday.

The complete walkout will officially start on 5 September but alternating weeks of action will continue in the interim, making Friday the last day working day for those taking part.

Claire Waxman, London’s victims’ commissioner, said the justice system was “already in crisis”.

“These strikes are not the cause of this justice crisis, but are the ultimate symptom from years of the government’s chronic under-resourcing, ignoring mounting evidence of the issues, and dismissing growing calls from those who know best,” she added.

“Many thousands of victims are going to be significantly impacted over the coming months, but many more have suffered through years of inaction. This is a tipping point for justice in this country.”

The Centre for Women’s Justice, a legal group specialising in rape and violence against women, said that while further delays were “regrettable” it supported the strike.

Former Tory MP Jerry Hayes joins fellow criminal defence barristers on picket lines outside the Supreme Court in Westminster in July (PA)

A spokesperson said that “appalling rates of pay” for necessary work were creating a shortage of barristers and damaging attempts at diversity, adding: “The fault lies entirely with the government, which has neglected legal aid for too long.”

The Victim Support charity said that justice delayed was “justice denied”, and that people were losing faith in the system as prosecution rates sit at a record low.

Chief executive Diana Fawcett added: “Court delays cause untold stress and anxiety for victims, and many of the people we’re supporting will be affected by the strikes.

“However, it’s so important to remember that when it comes to backlogs in our courts, barrister strikes are only part of the picture. This is a decade-long problem and we need the government to take urgent action and invest across the whole criminal justice system.”

Data released by the Ministry of Justice shows that the first 19 days of action, which were spread between 27 June and 5 August, caused 6,235 court cases to be disrupted, including 1,415 trials, across England and Wales.

The percentage of cases that crown courts reported being affected by the strike has ranged between 9 per cent in a week that saw two days of action, to 17 per cent during the first Monday to Friday walkout.

Since the start of the action, only a quarter of trials have been officially categorised as “effective” - meaning they started on the scheduled date and were completed in the normal way - compared to 43 per cent in the previous three months.

Labour leader Sir Keir Starmer accused the government of doing “absolutely nothing” to resolve the barristers’ strike or several other ongoing industrial disputes.

“I quite understand, whether it’s barristers or others, why people and how people are struggling to make ends meet,” the former director of public prosecutions told reporters in Walthamstow, east London.

“I want to see the government step in and actually help resolve these issues; instead of that we’ve got a government doing absolutely nothing.”

The government previously announced that criminal legal aid rates will rise by 15 per cent for new cases from September, 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.

A letter to CBA members initiating the ballot for an all-out strike said barristers had walked out with a “heavy heart” after years of exploitation by “successive governments determined to deliver justice on the cheap”.

Justice minister Sarah Dines said: “This is an irresponsible decision that will only see more victims face further delays and distress.

“The escalation of strike action is wholly unjustified considering we are increasing criminal barristers’ fees by 15 per cent.”

The Ministry of Justice said it had “repeatedly explained” to the CBA that backdating pay would require a “fundamental change” in how fees are paid.

It said the reform would cost a disproportionate amount of taxpayers’ money and would take longer to implement, meaning barristers would have to wait longer for payment.

The CBA has said it will not end its strike until new government proposals are put to a fresh ballot, and members vote to stop their action.