Criminal barristers set for extended withdrawal of services over payments

Criminal barristers in Northern Ireland are set to take part in an extended withdrawal of services over payments.

The Criminal Bar Association agreed their members will withdraw from appearing in all legally aided crown court cases listed between January 6 – 31.

There will also be a continued withdrawal of services in certain categories of criminal cases which commenced in November 2024.

It comes amid a dispute with the Department of Justice over the legal aid system.

Donal Lunny KC, chairman of the Bar Council, described the withdrawal of services as “regrettable” but “inevitable” because of the department’s approach in reviewing the operation of criminal legal aid.

“Fees for legally aided criminal work have not been increased since 2005 and are worth just 50% of their original value,” he said.

“Additionally, barristers are subject to crippling payment delays, under a policy imposed by the department on the basis of balancing its budget.

“Criminal barristers have indicated that the levels of remuneration in the most serious and complex of cases do not allow counsel to provide the expert advocacy that these cases demand and that the public deserves.

“These cases are the most serious in the legal order. The consequences of conviction are gravely serious, and the factual and legal issues involved are vastly complex.

“These cases are not funded to a level which allows for proper representation at present.”

Mr Lunny contended the department’s approach to legal aid reform “takes us closer to a two-tier system whereby only individuals who can fund their own cases will have the best available representation”.

“Younger, skilled professionals are leaving practice due to the financial pressures associated with legally aided work,” he said.

“A drain of talented, younger professionals is bad news for victims, defendants, and society.

“We call on the department, even at this late stage, to re-engage to prevent further escalation on the part of the CBA. We call on the department to re-evaluate the overall direction and proportionality of its legal aid reform programme.”

A Department of Justice spokesperson said: “The department has not been formally notified of the CBA’s intention to withdraw from crown court cases and is disappointed to learn of the action given the impact on victims and witnesses who are waiting to receive justice.

“The department has been in regular contact with the Bar Council on the reform programme and is moving at pace to improve the system for citizens and to ensure fair proportionate remuneration, including recently announced plans to increase fees which we expect to take effect next year.”