Dominic Raab vows to break hold of barristers on crown courts amid strike action

• Dominic Rabb is examining ways to let other lawyers in on crown court trials 
• This comes as barristers are striking in a row with government over jobs and pay 
• The Justice Secretaryhas said justice is being ‘held to ransom’ by strikes

Dominic Raab is planning to break barristers’ near-monopoly on crown court trials.

Facing an open-ended strike by criminal defence barristers, the Justice Secretary is understood to be examining ways to let other lawyers step in.

One proposal thought to be under consideration is extending the number of solicitors who are allowed to appear in crown court. 

Solicitor advocates have existed since 1990 but the Ministry of Justice is looking at expanding their rights of audience so more of them can present arguments before a judge.

There are 157,000 solicitors in England and Wales, across all areas of law, compared with 16,000 barristers.

Facing an open-ended strike by criminal defence barristers, Justice Secretary Dominic Rabb is understood to be examining ways to let other lawyers step in for crown court trials

In another move, the MoJ wants to expand the role of legal executives to allow them to take on work performed by other types of lawyers.

In the longer term, it will also expand the Public Defender Service which allows defendants to be represented by salaried lawyers rather than self-employed barristers. 

In an article in the Mail yesterday Mr Raab said justice was being ‘held to ransom’ by the planned strikes.

A government source said: ‘We’re lucky to have a wide range of legal talent in this country.

‘So we are looking to give more solicitors higher rights of audience to broaden the work they can do, increase the number of legal executives, who often come from less privileged backgrounds, and expand the Public Defender Service.’

The MoJ has already announced that most fees paid to legal aid-funded barristers will increase by 15 per cent for cases that begin from September 30. 

In another move, Dominic Rabb also wants to expand the role of legal executives to allow them to take on work performed by other types of lawyers

But the Criminal Bar Association has demanded a 25 per cent boost, backdated to cover the backlog of 59,000 cases in England and Wales.

The government source added: ‘A 15 per cent pay rise – at £7,000 for the average lawyer – is a generous offer.

‘Any further increase on that would have to come from elsewhere in the MoJ budget – from victims’ support, prison security or offender rehabilitation.’

But the CBA insists its strike is necessary to raise young barristers’ pay and keep them in the system after years of cuts and underfunding.

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