As the government puts the final touches to its response on criminal legal aid reform, barristers have just a few hours left to cast their vote on action that could make the justice system slowly grind to a halt.

The Criminal Bar Association’s ballot, which asks members to choose between ‘no returns’ or no action, closes at midnight tonight.

Option A would be to refuse all ‘returns’ under the advocates graduated fee scheme from 11 April unless the government agrees to a series of steps, including increasing remuneration under the AGFS by 25% per year for claims submitted on or after 11 April. 

Option B is to take no action and wait for the government to publish its response to the independent criminal legal aid review, which is expected to happen next week, followed by a consultation until the end of June, and then any necessary statutory instruments being implemented by the end of September.

In his latest weekly update, CBA chair Jo Sidhu QC said: ‘We are at a crossroads and the decisions that we make now will determine our future for years to come. Decades of neglect and the exploitation of our time and labour have left our advocates exhausted and demoralised. Yet each day, we still give everything we have left to serve the public in every corner of our jurisdiction…

‘It is therefore for government to recognise our value in a way that re-builds confidence in the profession and arrests the alarming egression of criminal barristers from legal aid work. History has taught us that it is only by hearing your voices that government will respond with the speed and at the scale that is demanded by the current crisis we face.’

Justice ministers have remained tight-lipped on what the government’s response will be. However, figures published by the Ministry of Justice this week reinforces concerns repeatedly raised by representative and practitioner bodies. The number of providers has continuously declined since April 2012, when there were 1,652 criminal legal aid firms. Last September there were 1,080 firms with crime contracts. Last month, there were 1,062.