2022 British barristers' industrial action

The industrial action consisted of refusal to accept returns—substitution of a new barrister, often at the last minute, when another of them is unavailable to make a trial date—in Advocates' Graduated Fee Scheme (AGFS) (legal aid)-funded cases in the Crown Court.

[4][5] The CBA did not consider the initial action a strike because its members are under no obligation to accept returns, which it calls "a gesture of goodwill to prop up the criminal justice system".

In October 2022, during the premiership of Liz Truss, barristers voted to end the strike following a deal with then-Secretary of State for Justice, Brandon Lewis.

[4][12][2] The industrial action consists of refusal to accept returns—substitution of a new barrister, often at the last minute, when another of them is unavailable to make a trial date—in Advocates' Graduated Fee Scheme (AGFS) (legal aid)-funded cases in the Crown Court.

[4][5] The CBA did not consider the action a strike because its members are under no obligation to accept returns, which it calls “a gesture of goodwill to prop up the criminal justice system”.

[15] In late May the Criminal Bar Association was organizing another ballot to gauge support for escalating the industrial action, with results to be announced 20 June.

Given that many members had been away during this month, the increased level of participation in this latest ballot spoke volumes about the strength of feeling amongst barristers across all six Circuits.

[22] CBA chair Jo Sidhu QC and vice-chair Kirsty Brimelow QC stated, "Through our labour and our goodwill, 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... We have already lost too many of our colleagues who can no longer afford to maintain their commitment to criminal work".

[2] Justice secretary Dominic Raab described the action as an “unnecessary and irresponsible strike" whose effect would be to "cause delays for victims and the wider public".

"[23] Law Society president I. Stephanie Boyce said that "The government response sends a clear message that the Ministry of Justice is simply not serious about tackling that crisis".

[25][26] Following the end of the strike in October, Mark Fenhalls KC, chair of the Bar Council was pleased the Bar barristers had accepted the offer: "The disruption of the work of the criminal courts has caused huge stress to all those who work in the justice system, and to the public which depends upon this vital public service".