Criminal Barristers Announce Planned Withdrawal of Services

(Pictured: Donal Lunny KC, Chair of the Bar of NI)

The Criminal Bar Association (CBA), the association which represents criminal barristers within the Bar of Northern Ireland, has announced details of a planned withdrawal of services, which will take effect across Northern Ireland’s criminal courts from the beginning of next month.

The withdrawal of services will see barristers hold a full-scale day of action on Monday 4th November during which they will not participate in any work related to criminal cases across the jurisdiction.

In addition, from 1st November barristers will refuse instructions in all ‘Category A’ Crown Court cases, which include offences of Murder and Manslaughter, which are returned from that date and will also refuse instructions in any retrials in respect of all cases which follow on from hung juries or appeals.

Donal Lunny KC, Chair of the Bar of Northern Ireland, described how the system of Criminal Legal Aid has reached, “crisis point”:

“Criminal barristers are dedicated and committed professionals, and they apply their legal knowledge to matters that are serious, complex, and traumatic, providing access to justice and ensuring a fair balance between the prosecution and the accused during criminal proceedings.

“Criminal barristers in our Crown Courts work for Legal Aid rates which have, when adjusted for inflation, plummeted between 47% and 58% since 2005. Routinely, these barristers will wait at least three to four months for payment once a case is concluded and their fee is submitted.

“Long hours, increasingly complex cases, unfair remuneration, and payment delays have coalesced to make legally aided criminal work an unviable practice area for an increasing number of legal professionals, particularly younger barristers.”

The Department of Justice commenced a Fundamental Review of Criminal Legal Aid in October 2023.

The Bar Council welcomed the commencement of the Review as it afforded an opportunity for His Honour Tom Burgess, acting in a wholly independent capacity, to assess the current system and the immediate and acute pressures endured by practitioners. His report was provided to the Department in August 2024.

Donal Lunny KC said:

“The Bar engaged extensively and constructively with the Burgess Review. It is a source of deep frustration and disappointment that the Department has not demonstrated the necessary urgency in response to the Burgess Review findings and recommendations. The Department has even refused to take the simple and logical step of publishing the Burgess Review to those who participated in it.

“This demonstrates a disconcerting lack of openness and reflects a failure to take a collaborative approach with legal professionals and other stakeholders across the criminal justice system.

“The Criminal Bar Association has not taken the decision to withdraw services lightly. Indeed, it is an option of last resort and comes after an extended period of patient forbearance with a system that is no longer sustainable or fit for purpose.

“Despite their efforts and goodwill, the Criminal Bar Association have had their hand forced by DoJ inaction and complacency. This planned action is a regrettable but necessary measure to protect Criminal Legal Aid as a vital public service.

“What our criminal barristers ask of DoJ is both clear and reasonable:

1. They seek the immediate publication of the Burgess Report.

2. They ask for a fair and reasonable increase in fees, to be applied on an interim basis, without further delay.

3. They want DoJ to agree a firm and comprehensive timetable for the expeditious implementation of the necessary and substantive reforms to the Criminal Legal Aid system which they have already articulated in detail in their submission to the Burgess Review.”

Donal Lunny KC concluded:

“The Bar of NI remains willing to engage fully with the Department of Justice. The planned withdrawal of services can be avoided if the DoJ, even at this late stage, is willing to act with the urgency and transparency that have been absent to date.

“But the Department should be in no doubt: the Bar is steadfast in its resolve to ensure that the system of Criminal Legal Aid, which is an essential element of a fair and effective justice system, is returned to a state where it is fit for purpose”.

ENDS

Notes to editors:

1. The Criminal Bar Association (CBA) represents approximately three hundred Bar of Northern Ireland members who specialise in criminal law, including prosecution, defence and appeal work in the Magistrates’ Court, the Crown Court and the Court of Appeal.

2. The Fundamental Review of Criminal Legal Aid was commenced in October 2023 and the findings were provided to the DoJ in August 2024. The review was aimed at establishing a “fit for purpose, robust and modernised framework” and was conducted by retired judge, His Honour Tom Burgess.

3. The CBA action follows a CBA membership ballot on 09 October 2024.

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