THE SECOND day of strike action is underway as barristers in criminal cases across England and Wales have staged a mass walkout.
Several cases listed at Winchester Crown Court on Monday were disrupted due to the non-attendance of defence councels, the Chronicle understands.
One barrister from London attended the court because his client was in custody and refused to consent to his trial being adjourned because of the strike.
Another second-six pupil - a barrister still undergoing training - felt "compelled" to attend because of threats of disciplinary action by the Lord Chief Justice Lord Burnett, which many consider to be in breach of the right to strike. Those prosecuting are also still obliged to turn up for their listed cases.
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The walkout – which was the first of 14 days’ action planned for the next four weeks – meant that some courtrooms sat empty, while others were only able to swear juries in before adjourning cases until later in the week.
This "unprecedented" action follows a long-running dispute over years of cuts and 'chronic underfunding' of the legal system.
Some 81.5 per cent of Criminal Bar Association (CBA) members voted for ‘days of action’ after government promises to address pay and working conditions were continually delayed.
Justice Secretary Dominic Raab has said it is "regrettable" the CBA is striking and has encouraged them to agree to the proposed 15 per cent pay rise for undertaking legal aid work. But members have said this is too low and called for a minimum 25 per cent increase.
Jo Sidhu QC, chair of the CBA, said they had already lost a quarter of specialist criminal barristers over the last five years, with 300 leaving last year alone.
Additionally, the current proposed rise in legal aid fees wouldn't come into place until the end of next year, which some have said would simply be too late to stem the flow of junior barristers leaving the profession.
Speaking outside Bristol Crown Court, barrister Kannan Siva said more than one in four barristers have been “driven out of the jobs they loved because they simply can’t afford to stay”.
He said: “For junior criminal barristers to be paid below minimum wage, a median income of just £12,200 a year, is not only scandalous but it will choke off the supply of the next generation of advocates – that pool of advocates that will help society and become our future judges. It means that victims and defendants will suffer years and years of waiting to get justice in court.”
Barrister Rebecca Filletti said the system is at “breaking point”.
Speaking from outside Manchester Crown Court, she said: “I work in excess of 18-hour days, I work weekends, I miss out on family things, and most of that work is work for which I don’t get paid and I feel I need to do to a good job for my clients.
“Today is the first day in my entire career I have not gone to court. I attend if I’m sick, I attend if I have got family commitments, and I would not have taken this decision lightly. The reason I have taken this decision is things need to change.”
The CBA has said its members will also refuse to accept new cases and carry out “return work” – stepping in and picking up court hearings and other work for colleagues whose cases are overrunning.
Two days’ strike action is expected this week, with an additional day added each week for the next three weeks unless a deal can be struck with the Government. However, it is understood no fresh talks are currently planned.
Winchester Crown Court has said it is "unable" to comment on the ongoing situation.
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