Criminal barristers are reportedly planning a major strike in response to Justice Secretary David Lammy's controversial proposal to drastically reduce the number of jury trials in England and Wales. Legal insiders warn the action could "bring the courts to their knees" in an effort to derail the Labour government's reforms.
Plans for Industrial Action and System "Meltdown"
Sources within the profession have revealed that barristers are considering an unprecedented escalation, which could include prosecutors instructed by the Crown Prosecution Service (CPS) refusing to take on cases or failing to attend court. One barrister stated, "We will fight this. It's not going to end well for David Lammy. The courts will be brought to their knees by the kind of action people are talking about."
This move marks a significant shift, as it would be the first time prosecutors have declined CPS work en masse. A legal source described the potential outcome as a "total meltdown" of the justice system, with barristers deeply concerned that the reforms would cause their livelihoods to "evaporate overnight."
Lammy's Reforms and the Mounting Backlog Crisis
Last week, David Lammy outlined plans to halve the number of jury trials from the current figure of approximately 15,000 per year. The stated aim is to tackle the enormous backlog plaguing the Crown Courts. However, the proposal has ignited fierce opposition from the criminal bar.
The scale of the backlog is staggering. In June, the number of outstanding cases in England and Wales reached a record 78,329. Official projections from the Ministry of Justice suggest this could soar to 92,000 by the end of 2025 and a shocking 127,000 by the end of the current Parliament in 2029.
Precedent and Political Pressure
The Criminal Bar Association (CBA) last took industrial action in 2022 in a dispute over legal aid fees. That action lasted for six months, including a four-month full strike, and caused the case backlog to increase by 5,000 as court proceedings ground to a halt.
CBA chair Riel Karmy-Jones KC has argued that less drastic measures, such as re-categorising which cases must go before a jury, could ease the crisis without requiring such radical reform. The threat of another prolonged strike could force Lammy to abandon his plan before it even reaches Parliament.
Tory justice spokesman Robert Jenrick has seized on the discord, stating it is "not too late" for Lammy to change course and "avoid a potentially fatal defeat for a government on the ropes." The Ministry of Justice has defended the proposed move as "crucial" to reducing the backlog and has called for the legal profession to work with the government to fix the crisis.
