Solicitors and barristers on strike as a “last resort”

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Criminal solicitors and barristers in Northern Ireland took part in a one-day strike on Monday 5 November to protest low legal aid fees. The Criminal Bar Association said that, when adjusted for inflation, legal aid rates have plummeted between 47% and 58% since 2005, putting the system of criminal aid at a “crisis point”.

The strike action, considered a “last resort”, saw barristers refusing instructions in Category A crown court cases, such as murder and manslaughter, as well as any retrials following hung juries or appeals. The commissioner designate for victims of crime, Geraldine Hanna, said that the action has already resulted in delays for some victims’ cases.

The Law Society in Northern Ireland warned that the criminal justice system will collapse without urgent action, as solicitors can no longer afford to take on criminal legal aid cases at current fee levels. The society has called on Justice Minister Naomi Long to intervene.

The Department of Justice (DoJ) expressed surprise and disappointment at the strike, stating that it’s actively seeking more funding. The DoJ said in a statement that it’s been working to secure a more sustainable budget and secured additional funding this year to address current pressures. However, it acknowledged that pressures are at an all-time high and pledged to “continue to push hard for more funding to address the underfunding issues across justice”.

Further strike action may occur unless there’s an immediate increase in criminal legal aid fees.