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updated on 07 January 2014
Thousands of criminal barristers and solicitors chose not to attend court yesterday morning in the latest display of opposition to the proposed cuts to legal aid being put forward by the Ministry of Justice and Justice Minister Chris Grayling. This was the first time such action has been taken by barristers in legal history and courts in all the major centres were affected, including London, Manchester, Liverpool, Leeds, Birmingham, Newcastle, Winchester, Bristol and Cardiff.
The government's proposed £220 million cuts, due to be implemented for trials that begin in April 2015, come on top of the 40% cuts that came in in 1997. Under the proposals, in some circumstances lawyers would be required to work at hourly rates lower than the national minimum wage.
Nigel Lithman QC, chairman of the Criminal Bar Association, said: "A line has to be drawn in the sand before it's too late. The cuts pose the most serious threat to the British legal system in more than 400 years. Who can blame anybody for wishing to protest against swingeing cuts that mean they can't pay their mortgages or afford to come back to work after being on maternity leave? The government says it is tough on crime, but is stripping the criminal justice system of anyone able to adequately prosecute serious criminals or defend those falsely accused. We merely seek a pay freeze. What could be more reasonable than that? I have offered to engage with the Lord Chancellor as to how to make savings across the system."
As reported in the Law Society Gazette, the largest individual gathering saw over 300 lawyers attend a protest outside Westminster Magistrates' Court. They spoke of their fears that the cuts will lead to a diminution in the quality of advocates, guilty people walking free and wrongful convictions. Director of the Legal Aid Practitioners' Group Carol Storer said: "The government thinks that it can keep making cuts, but there comes a point where you can’t cut anymore, and that has been reached. Days like this will escalate if the government keeps trying to make cuts."
Matt Foot, solicitor and founder of Justice Alliance, said: "There is widespread opposition to Grayling's proposals. They will have a devastating effect on the rights of ordinary people in this country and undermine the ability to challenge unlawful government actions. No one has stood up and supported these proposals."
The Guardian reported that the Ministry of Justice claimed there had only been minimal disruption, but many judges and court clerks, anticipating the boycott, had rescheduled cases for the afternoon when lawyers returned to work.