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Notaries and barristers on strike in Northern Ireland over fee dispute
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Notaries and barristers on strike in Northern Ireland over fee dispute

Getty Images A lawyer dressed in a dark and white striped suit holds a white wigGetty Images

Criminal lawyers in Northern Ireland are taking part in a one-day strike in a dispute over legal aid fees.

The Criminal Bar Association said legal aid rates for lawyers, when adjusted for inflation, have fallen between 47% and 58% since 2005.

The body added that the strike is a “last resort” as the criminal aid system has reached a “crisis point”, and called on the Justice Minister to urgently address the situation.

The Department of Justice (DoJ) said it was “surprised and disappointed” by the decision as it continues to push for more funding.

Legal aid for criminal cases provides representation in a criminal case.

These cases usually take place in the magistrates’ courts or the Crown Court.

“A growing frustration”

Monday’s strike will see lawyers refuse their instructions in Category A cases in the crown courts, such as murder and manslaughter.

They will also refuse instructions for any new trials in all cases that result from hung juries or appeals.

Some warn that more strike action could follow unless there is an immediate increase in criminal legal aid fees.

The Law Society of Northern Ireland, the professional body for lawyers, has warned that the criminal justice system will collapse if action is not taken urgently.

He added that lawyers can no longer afford to undertake criminal legal aid cases at current fee levels.

“The Law Society… is aware of the growing frustration on the part of criminal defense lawyers due to the failure to increase legal aid fees and delays in payments for work already completed,” it says a press release.

The organization called on Justice Minister Naomi Long to take action.

A “persistently underfunded” department

A DoJ statement said: “It is well known that the Department of Justice has been consistently underfunded and the consequences of this underfunding are now being realized.

“The Law Society is aware that the Department is working towards a more sustainable budget and that additional funding has been secured this year to respond to current pressures.”

The department added that pressures reached a “record high” in 2023/2024 when the Legal Services Agency, an executive agency of the DoJ, paid out around £114 million to legal professionals.

This is the “highest payment level in the history of legal aid”.

“The ministry will continue to push for more funding to address underfunding issues across the justice system,” it added.