Criminal Bar Association Message to Members

22 June 2022

You may have seen reports that the Lord Chief Justice has issued guidance to Judges concerning their approach to barristers of the Criminal Bar who participate in days of action over the coming weeks.

The CBA understand that those who wish to participate in days of action will feel concerned about the potential consequences of not attending court.

To assist criminal barristers, the CBA issued guidance to its members which sets out the potential implications of participating in days of action, along with template draft letters to Judges and solicitors:

• Link to CBA Guidance
• Link to Template Letter (Judge)
• Link to Template Letter (Solicitor)

The CBA reiterate the importance of having regard to the CBA guidance in order to minimise risk if you are intending to participate in a day of action. Specifically, they draw to your attention, further to the LCJ’s guidance to the judiciary, paragraphs 17 and 18 of the CBA guidance.

They repeat that the decision whether to participate or not must be made on an individual and case by case basis.

Days of Action

It is important to remind yourselves that 81.5% of the 2055 members of the CBA who voted in the recent ballot made clear that it was their intention to support days of action.

Indeed, following the reports of the LCJ’s guidance today, the CBA have received many messages from members at all levels of seniority, and across all Circuits, that they remain firmly committed to participating in days of action.

CBA colleagues are resolute that a message should go out to Government, and to the public, that there must be a swift and fair settlement of their reasonable demands in order to conclude this dispute in the long-term interests of the criminal justice system.

In particular, many QCs and leaders of the Criminal Bar have reaffirmed that, not only will they participate in the days of action, but they will also be attending the gatherings at the key court centres on the six Circuits and joining the zoom meetings which will be organised nationally and locally.

This evening there was a meeting of the CBA panel. The panel comprises 50 Silks. They continue to be available to answer your enquiries about participation in days of action via their helpline: [email protected] and to assist in the event that CBA members require intervention in their dealings with the judiciary and/or with the regulator.

The Criminal Bar is one family. As they move through the coming weeks, they will continue to maintain their solidarity and will support each other. They have strength in numbers, and they have the courage to see this through.

As a Criminal Barrister who is not yet a member of the CBA please consider joining. The annual subscription is excellent value for money, and in addition to supporting the work of the CBA you will be able to access events and publications and benefit from regular information and updates crucial for criminal practitioners.