Recommendation 23

The NAO report charts a sharp increase in 2022 in the number of ineffective trials due to the unavailability of counsel, when it went up to 4,136 compared to 279 in 2021. While the impact of industrial action by the Criminal Bar Association in 2022 is clear, it is concerning that the number of trials that did not go ahead for this reason in 2023, after the industrial action had finished, remained many times that for the years before 2022.59 MoJ acknowledged that the number of barristers and solicitors working on criminal cases had been in long–term decline.60 It pointed to a recent upturn in the number of barristers working more than 80% of their time on criminal cases, from 2,424 in 2020–21 to 2,726 in 2023–24, which it attributed to it increasing legal aid fees following the review by Sir Christopher Bellamy.61 Although MoJ acknowledged that the decrease in the number of solicitors was only “stabilising”, it pointed to the recent increase in fees for solicitors which has yet to have an effect.62 Although MoJ told us that the number of trials that do not go ahead on the scheduled day because of an absence of prosecution or defence barristers is beginning to decrease, we remain concerned.63