The Criminal Bar Association (CBA) began a boycott of legally aided Crown Court cases at the start of the year to pile pressure on the Department over criminal legal aid fee levels and payment delays.

Members yesterday voted “overwhelmingly” to extend the action for another four weeks from 1 February 2025.

Criminal barristers have also been refusing to take new instructions in Category A cases — which include trials for murder and serious sexual offences — since the beginning of November 2024.

From February 2025, the refusal to take new instructions will extend to multi-complainant Category D cases.

Bar Council chairperson Donal Lunny KC said: “This extended action on the part of the Criminal Bar Association is regrettable but also became inevitable as January progressed and the Department of Justice failed to engage meaningfully with the Bar in respect of the serious concerns which have given rise to the CBA’s action.

“Such limited engagement as there has been has served to exacerbate, rather than to alleviate, the concerns of the CBA around the Department’s approach to the administration of the system of criminal legal aid in our Crown Courts.

“These concerns are reflected in the fact that turnout was the highest of any of the recent CBA votes on the current industrial action and in the fact that almost 90 per cent of participating CBA members voted in support of an extension of the withdrawal. 

“The Bar of Northern Ireland repeats its call for the Department of Justice to recognise the extent of the crisis that prevails and act with expedition to address it.

“That means urgent and faithful implementation of the recommendations of the independent expert, Judge Tom Burgess, following his fundamental review of the operation of criminal legal aid, which was completed as long ago as August 2024.”

He added: “Criminal barristers want to be in court, representing their clients, running and resolving criminal cases — cases that often involve deeply complex and serious matters.

“The action of the CBA has been taken as a last resort and is symptomatic of the access to justice crisis that has caused the deterioration of the provision of publicly funded legal services.

“The Bar of Northern Ireland has at all times been, and remains, ready, willing, and able to engage in meaningful dialogue with the Department of Justice in order to resolve the access to justice crisis.”

The Department of Justice has been approached for comment.