The impact of the criminal bar’s strike action over legal aid funding is far greater than the government’s figures suggest, according to a chambers chief who has also been gathering data.

The criminal bar’s court walkout, which began on 27 June, resumes this week. Figures published by the Ministry of Justice show that 8.8% of hearings were disrupted during the first week of escalated action, when barristers staged a two-day walkout.

However, Birmingham set Citadel Chambers, which covers Crown courts in the Midlands, believes the impact is greater than 8.8%.

Citadel Chambers director John Binks has been collecting data based on what his chambers has observed. On 28 June, the second of a two-day court walkout, two sentencing hearings were adjourned and one trial was refixed for later in the year because there was no defence counsel.

The government has yet to publish figures for subsequent weeks. Court walkouts increased by one day each week, so future government statistics should show an even higher number of disrupted hearings.

Binks’ data for July shows several hearings adjourned due to the absence of defence counsel.

He said: ‘Whilst in general courts are leaving cases in the list on days of action, all chambers are informing courts of counsel not attending and some have been shifted. Some listing offices are pre-empting non-attendances because of the “no returns” policy by establishing with chambers what can go ahead. These cases are not involved in our - or presumably the government’s - count, but these are more numbers to be added to the true count of affected cases.

‘Further, and of greater significance, the criminal bar is not accepting any new instructions. Very little of that part of the action will be showing in our figures currently collected. There is an entire wave of new cases that have not yet hit the crown courts in which defendants will not have counsel.’

As a qualified solicitor who practised in crime, Binks understands the difficulties faced by solicitors on the ground.

‘Despite that we have had nothing but support and encouragement from the firms that instruct us, something for which we are extremely grateful. One of the reasons I was prompted to contact the Gazette on reading the government figures on the action was that I wanted solicitors to understand that we are not putting them and their clients to huge inconvenience for apparently little effect. The impact of the action is hugely more than in 8% of cases.’

Tim Hannam QC, head of Citadel Chambers, said: 'The criminal bar protects the public by prosecuting and defending the most serious cases. It provides most of our criminal judges. When it is gone, there will be nothing of quality with which to replace it.  

'I have been overwhelmed by the courage of my colleagues, in particular my more junior members of chambers, who are bravely taking this action, not for their own advantage, but to protect a system upon which society depends.'