Government proposals to ensure fairer pay for barristers welcomed by Bar organisations

The Ministry of Justice (MoJ) has published new proposals to ensure that barristers and other advocates receive fair pay when they work on publicly funded criminal cases.

The plans, to be dubbed the Advocates’ Graduated Fee Scheme if implemented, propose that fees be based on the complexity of the work, the restoration of payments for sentencing and mentions, as well as the second day of every trial, and £300 payments for trials which become ineffective. The MoJ also proposes the restoration of clear career progression, with earnings increasing in relation to the challenging nature of the work, as well as better encouragement for advocates with the right skills to take on complex cases.

The move has been welcomed by the Bar Council and the Young Barristers’ Committee. Andrew Langdon QC, chairman of the Bar, commented: “These proposals go a considerable way towards restoring career progression at the criminal Bar. The suggested scheme is a fairer way of rewarding advocates for their work in the criminal publicly-funded sphere. It removes a number of perverse incentives arising from years of salami-slice and piecemeal cuts. It will better protect newly qualified advocates who under the vagaries of the present scheme are at the mercy of events not under their control. The new scheme is also a positive example of the Ministry of Justice participating in constructive dialogue with the profession through the Bar Council, Criminal Bar Association, Circuits and Young Bar. The Ministry has produced a model which will replace a scheme which has become outmoded and contorted. This new scheme is rational and will result in a more sustainable career for skilled advocates. We are urging the Bar to respond to this important consultation. It provides a surer foundation for the future.”

Duncan McCombe, chairman of the Young Barristers’ Committee, said: “It goes without saying that no scheme is going to be absolutely perfect. There are a few modest drops in the base amounts for payments for some cases. But the clear advantage is that young barristers will be paid for their time in court, rather than being paid on an arbitrary basis, and will paid for each appearance rather than feeling like every other case is a loss leader. The scheme also provides the groundwork for newly qualified barristers to have a sustainable career in their early years, and beyond. The young Bar needs a scheme that incentivises progression to more complex and serious cases.”