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Jean-Yves Gilg

Editor, Solicitors Journal

Criminal barristers announce 'strike' date

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Criminal barristers announce 'strike' date

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Half day's 'non-attendance' on 6 January to show 'depth and breadth' of concern

The Criminal Bar Association has announced the date of its first 'strike' in response to the criminal legal aid cuts - 6 January 2014.

CBA chairman Nigel Lithman QC said the protest would take the form of half a day's 'non-attendance' in the morning, with barristers arriving at courts around the country at 2pm.

"Some members of the CBA have decided that they will no longer be available /will not work during the morning of the 6th January, but will be available to attend court from 2 pm only on that day," Lithman said in this morning's message on the CBA website.

"Those of you who want to show your support will decide for yourselves whether you too will choose to work for the first half of that day or only as from 2 pm.

"We hope that judges will be sympathetic to applications for a 2 pm start. This appears to be a wholly reasonable and proportionate response to the conduct of the MoJ."

Lithman said that "as a matter of courtesy" he had discussed the issue with the Lord Chief Justice, the Recorder of London and the DPP.

"The circuit leaders and CBA propose to draft a protocol concerning that day and cooperate with courts to ensure nobody's liberty is compromised," Lithman said.

"Perhaps don't bombard us with questions at the moment, whilst we devise this protocol. I will speak again to the DPP about prosecutors. But like defence counsel, they must choose their own course.

"This half a day's 'non-attendance' on the first day of term, if supported by you up and down the country, will show the sincerity and strength of feeling among the criminal bar.

"It will demonstrate the importance of the role played by criminal advocates in the efficient disposal of criminal cases. Put another way, it will give a glimpse of the future if our profession is dismantled into non-existence."

Lithman said last month that 40 barristers were refusing to act in VHCC cases, in protest against the government's 30 per cent fee cut, which will be implemented on 1 April 2014.