The Criminal Bar Association (CBA) announced the boycott last month following disappointment over the Department of Justice’s response to a long-awaited review of the criminal legal aid system.

Judge Tom Burgess called for an immediate 16 per cent increase in legal aid fees in his report, which was presented to the Department in August but not published until December, after criminal barristers staged a one-day withdrawal of services across the Northern Ireland criminal courts.

Bar Council chairperson Donal Lunny KC accused the Department of having “cherry-picked the findings in order to give itself maximum control for the minimum possible spend”.

He pointed out that the proposed fee increase is “not guaranteed, as it is subject to a consultation and budgetary approval” and that it “comes nowhere close to restoring previous cuts”.

Mr Lunny also said the increase would “immediately be eroded by other proposals that the Department has chosen to try to implement”, including legislating to overturn the High Court’s judgment in Department of Justice v Tiernan (Padraig) [2019] NIQB 25, which addresses the remuneration of cases which are “left on the books”.

The boycott, beginning today and running until 31 January, is in addition to an ongoing withdrawal of services in Category A cases, which include trials for murder and serious sexual offences.

In a statement this morning, justice minister Naomi Long: “I remain disappointed in the action being taken by the Criminal Bar Association which will impact most acutely on the victims and witnesses who are waiting to give evidence and receive justice.

“The uncertainty caused by the withdrawal of services will only add further to the stress and anxiety they may already be experiencing.

“This action will also add to existing pressures on the system and exacerbate the delays that my department and justice system partners have been striving to address.”

She added: “My department has been proactively engaging with justice system colleagues to try and minimise the impact of the withdrawal of services and ensure those victims and witnesses who are affected are supported and will continue to do so if CBA action continues.

“I hope the association will take cognisance of the impact of their action and of efforts which they are aware are being made to improve the system for citizens and ensure fair proportionate remuneration.

“The CBA are aware that I am committed to continuing regular engagement with the Bar and the CBA to progress reform and to resolve the withdrawal of services. This includes delivering a significant uplift in fees.

“However, there is a process to go through, not least in terms of delivering legislation and we need time to do this. 

“Industrial action will not speed up this process. It will only serve to further impact on the most vulnerable and those that are relying on legal representation.”