Criminal bar secures additional hardship provisions

The criminal bar has secured additional hardship provisions from the government in a bid to support practitioners as the pandemic continues to impact the profession and chambers report huge reductions in income. 

The threshold for work done is set to be reduced from £1,000 to £450, according to the Criminal Bar Association (CBA) – this figure was previously £5,000. Criminal advocates, including solicitor advocates, will also have easier access to advance payments, with the ability to invoice one month after receiving instructions, rather than six months.

However, according to the Law Gazette, chair of the CBA Caroline Goodwin QC said the Ministry of Justice measures are not enough. Some members – particularly very junior barristers – will not qualify for these measures, so the CBA is looking to the government to expand  its self-employment scheme and is also urging for an increase in the £50,000 trading profits threshold.

The CBA noted that “ very many businesses in other industries” are applying for the job retention scheme and suggested that fee-paid judges may be furloughed. “We will continue to pursue this avenue and encourage members to request furloughing”, Goodwin said.

The majority of criminal sets have experienced a plunge in income over the past six weeks, according to a CBA survey conducted at the start of April. A reduction in income of more than 50% was reported by 40% of the respondents, while each criminal set surveyed reported a fall in the number of new instructions over the past six weeks, with reductions of more than 50% reported by 85% of respondents.