The Criminal Bar Association (CBA), which represents criminal barristers within the Bar of Northern Ireland, is holding a full-scale day of action today.

Criminal barristers engaged in both criminal defence and prosecution work have withdrawn their services, meaning they will not attend criminal court for any work or engage in any associated legal administration work, except for emergency matters.

On Friday, barristers also began refusing instructions in all ‘Category A’ Crown Court cases, which include the most serious cases including murder and manslaughter.

Bar chairperson Donal Lunny KC said: “The Bar Council has, for many months, been exploring every possible alternative measure and has consistently called for urgent action from the Department of Justice to avoid any withdrawal of service taking place.

“This is now a grave situation where we have been forced to highlight publicly that the current system is wholly unsustainable due to a lack of funding, engagement, and action, from the Department of Justice.

“Barristers are independent, self-employed practitioners, many of whom are not just struggling but are at breaking point. Our consistent warnings to the Department have gone unheeded, and the foreseeable result is a serious access to justice crisis.”

He continued: “Today’s initial strike action has not been taken lightly — it is very much a last resort. It is a regrettable but necessary measure to preserve the viability of the system of criminal legal aid as a vital public service.

“Criminal cases are becoming increasingly complex, court delays are at chronic proportions despite criminal barristers working at 130 per cent capacity, Crown Court fees have not been increased in almost 20 years and barristers are forced to wait three to four months to be paid.

“We’re seeing all these matters coming together in a system of criminal legal aid that is no longer fit for purpose. This has a profound impact on committed and dedicated legal professionals who have been under unbearable strain to support a demand-led public service.

“There is no longer the capacity, nor goodwill, to continue to do so. We are experiencing more and more colleagues, both junior and experienced, suffer from burn out and leave their roles as the remuneration for the increasingly complex work they do is no longer viable.”

Mr Lunny added: “We understand the concern this will cause to victims and those seeking justice in relation to serious crimes.

“However, victims should be in no doubt that it is the Department’s prolonged inaction that has brought us to today’s crisis. An effective, properly funded criminal justice system is as important, if not more important, to victims as it is to everyone else involved in that system.

“Our asks are modest and achievable — the DoJ must immediately publish the independent review of criminal legal aid which they have been withholding since August, provide a fair interim uplift in fees, and work with urgency and purpose to address substantively the long-standing problems of unfair remuneration and payment delay to preserve the viability of our system of criminal legal aid and ensure access to justice for all.”

In a statement to MLAs today, justice minister Naomi Long said she shared criminal practitioners’ “frustrations with the system”.

However, she added: “I trust those taking industrial action today will reflect on impact. They say the system is broken, but they are aware I am working hard to progress reform and deliver a more effective efficient system for those we are here to serve.

“Precipitous action which distracts from that work does nothing for vulnerable people and does nothing to address the challenges to the system.

“My focus has and will continue to be constructive action to drive constructive change to ensure the system is accessible and fairer, more proportionate and responsive.”

However, she declined to give a date for publication of the Burgess review, only saying her Department is “quickly nearing that point”.