Criminal barristers in England and Wales have voted overwhelmingly in favour of escalating action over the British government’s timetable for legal-aid reform, according to the Law Society Gazette of England and Wales.

They will now prepare, from next month, to withdraw the ‘goodwill’ that keeps the criminal-justice system running smoothly.

The Criminal Bar Association (CBA), which balloted members on industrial action, has announced that just over 94% of its 1,900 members voted in favour of adopting a ‘no returns’ policy from 11 April.

‘Returns’ cases, which can include large criminal trials, are cases that barristers take on as a gesture of goodwill if the original barrister is unable to cover the case due to, for instance, a listing clash.

‘Underfunded system’

“We have sustained a chronically underfunded criminal justice system on behalf of the public, while suffering substantial reductions in our real incomes, and exhausted by the hugely increased demands placed upon us, often for little or no reward,” the body said in a statement accompanying the result.

CBA chair Jo Sidhu QC said the association would assess the British government’s response to an independent criminal-legal-aid review, which is expected this week, and would continue to engage with the Ministry of Justice “to seek a fair and reasonable settlement”.

The Gazette says that guidance will be issued over the next few weeks outlining advocates’ professional duties and responsibilities during industrial action.

A Ministry of Justice spokesman said: “We are disappointed in a vote for this course of action just days before we announce our plans to create a stable and sustainable legal aid sector for the future. We encourage CBA members to read our proposals in full and respond to the consultation, rather than being drawn into action that will harm victims of crime.”