'Justice in Shropshire on hold' says solicitor as all-our barristers' strike looms

Earlier this week barristers voted to go on all-out strike from September 5.

It comes after members of the Criminal Bar Association (CBA) have been involved in escalating industrial action over recent weeks.

The CBA is asking for a 25 per cent rise in pay for legal aid work, representing defendants who could not otherwise afford lawyers.

Members rejected the government's 15 per cent pay offer, saying it would not kick in immediately – or apply to existing cases.

Some new barristers have argued that because of the long hours required for the work their hourly rate is lower than minimum wage.

Across England and Wales the strikes have seen courtrooms grind to a halt, with cases adjourned and unable to proceed – in some cases with no firm indication of when they will be able to resume.

Stephen Scully, an associate solicitor advocate at Shrewsbury-based Lanyon Bowdler solicitors, said the current situation was a result of 'chronic underfunding' of the courts system.

He said that the current conditions have resulted in fewer people wanting to become barristers, meaning it is an ageing profession.

"I think this is something that has been coming for years," said Mr Scully.

"By and large it is the goodwill of people in the system working long hours, not for fair remuneration, that has kept it working.

"But the knock-on effect of that is people will not want to come into the system."

He said that would result in a smaller pool of barristers, and consequently a smaller pool of judges.

Mr Scully said the dispute had meant "Justice in Shropshire is on hold".

He added: "Obviously cases have been listed. I would say 90 to 95 per cent of cases are not able to proceed, therefore people are going along, it is creating extra stress for defendants and victims because nothing practical can be done.

"It is a case of turning up, being asked if you want to proceed in absence of your barrister – understandably most people do not, and then it is adjourned to an unknown date."

Mr Scully said the issues with the courts had been building for some time, and highlighted one of his own cases, which has been ongoing for four years.

He said: "I have got a case in Shrewsbury Crown Court in October. The allegation dates back to December 2018. Because a barrister is being instructed it might be going off again.

"That is just shy of four years. Clearly on both sides of this, the defendant is saying they cannot – due to the nature of the allegation – work in certain areas because of DBS checks, and it affects their mental health. And I imagine from the victim's point of view they have got no closure, one way or the other.

"From a police and prosecution point of view, they will say that people are sick of waiting and they want to get on with their lives."

Mr Scully said a resolution to the situation was needed, and urged the government to hold further talks.

He said: "It would be wrong to say it is simply to do with money. It is to do with conditions. A number of crown courts up and down the country, if they have not been closed, are in a shocking state of disrepair.

"The facilities in them are terrible and from barristers I speak to their resolve is very strong in that if they didn't mount the stand that they have then more and more would leave the profession."

Justice Secretary Dominic Raab, who was on holiday when the CBA voted for strike action, has said the justice system "deserves better" and urged the CBA to accept the pay offer on the table.

He said: "As Justice Secretary, I hear time and again that all victims truly want is the justice they deserve.

"My message to the CBA is simple. We are increasing your pay. Now your actions are only harming victims, increasing the court backlog and hampering our efforts to make our streets safer.

"The criminal justice system deserves better."