The mother of a child who was the alleged victim of a serious sexual assault by a person of trust in a youth organisation has implored the Criminal Barrister Association (CBA) to consider the impact their strike action is having on vulnerable individuals who are repeatedly being told their trials for the alleged offenders are adjourned, further adding to existing trauma.
Beth (not her real name to protect the child’s identity) said: “The crime itself was extremely serious, followed by police engagement reliving the incident and now preparing for a trial only to be repeatedly adjourned.
“My child cannot commence any form of counselling until legal proceedings have concluded and is already highly traumatised.
“The impact of constant adjournments is seriously detrimentally impacting on (child’s) wellbeing and the rest of us as a family. It’s a torturous Catch-22 position of balancing the welfare of my child against the necessity for justice and safeguarding.”
Beth is now seriously considering if it’s really worth the stress her child is suffering through no fault of their own, yet she knows withdrawal from the process would be equally harmful and unjust not to mention allowing an alleged abuser go free and possibly harm again.
“I am imploring barristers to consider the damage being done to already highly traumatised victims and their families and please return to work.”
Minister for Justice Naomi Long and the CBA were each asked if there is any action which could be taken to end or at least soften the stalemate?
Is there for example any scope within Human Rights in terms of Article 3 protections from inhuman or degrading treatment of victims, for barristers to resume services?
The Minister replied: “I am acutely aware of the pain and anguish being endured by victims and witnesses as a result of the withdrawal of services by the CBA.
“I’ve been clear from the outset this action is entirely unnecessary. Solicitors have continued to deliver services while working with the Department to address their concerns. There is no reason why barristers could not do the same instead of causing more damage to those who have already suffered immeasurable trauma.
“I’m doing all I can to find resolution and have commissioned an Accelerated Review of criminal legal aid fees in the interests of those affected by the withdrawal. We are working at pace to bring that Review to an early conclusion and I hope it will result in a full return to service in the near future, but there is no reason why barristers cannot return to work in the meantime.
“There is a real ongoing risk to victims and to the wider public if witnesses withdraw because of delay and the additional stress that brings. That is why my decision to commission the review was conditional on PPS determining cases which can proceed as a derogation while service withdrawal continues. Of course that small mitigating measure is not nearly enough and I will continue to call on the CBA to return to service in the interests of all those affected.”
Meanwhile the CBA said: “The withdrawal of services has been taken as a last resort. The action was precipitated by many years of inaction on fee reviews, and a resultant access to justice crisis across our criminal justice system. The system is failing victims and has placed an intolerable burden on criminal barristers.
“The CBA is comprised of barristers who prosecute and defend in the Crown Court. The work of these practitioners involves dealing with the consequences of serious crime and so they can comprehend the traumatic and life changing impact of these profound matters for victims and their families. Criminal barristers want to be in court, representing clients, running, and resolving criminal cases. However, a sustainable solution to the issues giving rise to the current impasse must be found, and the Department must act with the required urgency and purpose.
“The CBA has been committed to a process aimed at resolving outstanding issues alongside Department of Justice officials. At present the process involves an “Accelerated Review” of outstanding issues. As part of this Accelerated Review process the CBA agreed to exempt a limited number of priority cases from the ongoing action whilst the Review was taking place but, at the request of the Department, the selection of the cases was not to be made by the CBA but rather by the (PPS).
“On March 6, the Review began work with a scheduled end date of no later than April 27. The Lady Chief Justice welcomed this development but asked the parties to nevertheless work towards an earlier resolution. The CBA has fully engaged with that request.
“The Review remains the current vehicle for actions aimed at resolution. The CBA has remained fully committed to the work of the Review as a purposeful means to enable full return to all Crown Court cases. The CBA has provided a number of detailed submissions setting out the requirements and the evidence base underpinning those requirements.
“At this point, work continues via the Review, which marks a crucial milestone to determine whether any gradual or full return to service can be achieved and if so, when.”
