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updated on 09 December 2013
The Criminal Bar Association (CBA) has announced that some of its members will not attend crown courts on the morning of 6 January, the first day of the new court term next year, in protest at the government’s legal aid cuts. In addition, the Criminal Law Solicitors Association (CLSA) and the London Criminal Courts Solicitors Association have declared their support for the move, with many criminal solicitors set to refuse to attend hearings and cases at magistrate’s courts nationwide on the same day.
Those criminal barristers taking part in the "non-attendance" protest will be available to appear in court from 2:00pm on 6 January, as reported by Legal Futures. Meanwhile, The Guardian reports that both criminal solicitors and the CBA have been careful to avoid calling the protest a strike in order to avoid raising questions concerning contractual obligations to the Legal Aid Agency.
Nigel Lithman QC, chair of the CBA, said: "[The protest] will show the sincerity and strength of feeling among the criminal Bar and it will demonstrate the importance of the role played by criminal advocates in the efficient disposal of criminal cases. Put another way, it will give a glimpse of the future if our profession is dismantled into non-existence."
Bill Waddington, chair of the CLSA, said: "The morning of 6 January is a glimpse into the future of the criminal justice system under the proposals, with a shortage of suitable representation for those who need it. Rightly, our system is the envy of the world. If these plans go through it'll become an international laughing stock."
A Ministry of Justice spokesperson said: "At around £2 billion a year, we have one of the most expensive legal aid systems in the world. Just like many hard-pressed families and businesses – we have no choice but to make savings. Any disruption to court business is unnecessary, and lawyers choosing to do so inconvenience their clients and hard-working taxpayers."