A Suffolk barrister expresses worries about the future of the criminal justice system
Barristers have been striking for better pay.
Barristers across the country are going on Strike and there are fears for the future of the criminal justice system.
A Suffolk barrister told us the government hasn't implemented the whole of the Bellamy review.
This is based on the fact that the legal aid rates haven't changed in real terms for 20 years.
Meaning Barristers have seen a 28% reduction in real terms in the fees they get paid.
The government has agreed to implement the minimum recommendation of 15%, but only for new cases after the 30th of September.
However, the Bellamy Review said the increase should be applied to existing cases as well as future cases.
Simon Spence, from Suffolk, is a barrister in Queens Council at Redline Chambers in London, who prosecutes and defends criminal cases across the country.
But primarily in East Anglia and in London, told us why the strikes are going on.
"The government commissioned a review into legal aid back in which reported back in November of last year from Sir Christopher Bellamy, who was a retired High Court judge and now a member of the House of Lords.
"It's against the background of legal aid rates remaining unchanged in real terms for 20 years, which the net effect of that has meant a 28% reduction in real terms in the fees the barristers get paid.
"The Bellamy Review recommended immediate implementation of a minimum of 15%. And the review said that there was no necessity for any delay
"There has been a massive delay because, of course, the government hasn't adopted the Bellamy Review. In total, it's finally agreed to implement the minimum recommendation of 15%, but only for new cases after the 30th of September.
"And the import of the Bellamy Review was that the increase should be applied to existing cases as well as future cases.
"And that's really the main sticking point that we have with the government. They have conceded that they can apply the increase to existing cases, but are declining to do so.
"And we are saying that's not in accordance with the recommendations of their own review."
Simon went onto say he feels there needs to be more education around how the legal profession is paid and dismiss any stereotypes that all lawyers are paid very well.
"At the moment, the government are declining to implement that part of the Bellamy review and we think that is unfair because it means they are effectively getting free work out of us.
"It (additional preparation and written) work can take many, many hours.
"And that's why one of the concerns we have is that particular junior barristers who do that work and then can't do the case because it's in what's called a warned list.
"So it, (the case) could be called on a short notice rather than a fixed date.
"Then they've put the work in and what they get paid for doing that actually quite often works out at less than the minimum wage.
"But because the self-employed, they can't claim the minimum wage.
"And a lot of people don't really understand how somebody can earn less than the minimum wage because they don't appreciate we're being paid a fee rather than an hourly rate."
We asked, why is it so vital that it is implemented now and not in September?
"The the reason for the urgency is because people are leaving the profession in droves.
"Junior barristers, who cannot make a proper living, saddled with debts from their university fees and the fees to do the bar course, need to be earning money in order to exist and to start paying off those debts.
"They're trained professionals and their entitled, we think to be properly enumerated.
"And the difficulty is if people are leaving the profession in the numbers that they are, the very future of the profession, and therefore the criminal justice system as a whole is called into question.
"Because the junior barristers of today are going to go on to be the QC's and the judges of the next generation.
"And if they're not there then the whole system starts to crumble and whilst of course, there are solicitors in the profession as well, who are an integral part of the criminal justice system, the vast majority of senior barristers, QC's and by far the most judges are appointed from the ranks of barristers.
"And so it's not just about pay, it's actually about the survival of the criminal justice system, which we think is really in crisis and on the point of collapse."
Simon told us many people have already walked away from the profession, he and others worry barristers in minority groups will be the first to walk away.
"One of the concerns that a lot of us have is that, the barrister's profession has worked very hard over the last few years to diversify the people coming into the profession.
"So more people from ethnic minorities, more women are coming into the profession.
"For the first time a few years ago, there were more women being called to the bar than there were men.
"And the difficulty is if they can't make a proper living at it, then I'm afraid they are the first people who are going to be turning around and walking away.
"And so what the government is doing at the moment, is reversing all of the work that we have made in progressing the profession to make it more representative of society in the 21st century.
"And I think that's a really retrograde step."