The criminal bar could escalate action over legal aid fees in three weeks’ time as pressure mounts on the government to rethink its £135m reform package.

Since 11 April, hundreds of barristers have adopted a policy of ‘no returns’ – refusing to cover cases returned by the original barrister due to a diary clash – in response to the government’s refusal to increase their fees by 25%.

Several members have told the Criminal Bar Association that they are willing to adopt ‘more disruptive’ forms of action. CBA chair Jo Sidhu has now confirmed that further action would start ‘without delay’ after the results of a second ballot are announced on Monday 20 June.

Sidhu said: ‘[Last week] I made clear that the CBA will be consulting with our members, heads of chambers and circuit leaders on whether to escalate our action. The consultation will be followed directly by a further ballot. This will be your opportunity to indicate which, if any, course of action you wish to pursue.’

Jo Sidhu QC, Chair of the Criminal Bar Association

Sidhu: further ballot

Next week the CBA will have separate meetings with barristers under and over seven years’ call, heads of chambers and circuit leaders. The second ballot will open on 11 June and close on 19 June. The results will be announced on 20 June ‘and any mandated action will commence without delay’.

Sidhu has not confirmed what additional action might look like – though he has referred to previous occasions over the last decade when members voted to decline new instructions and ‘days of action’.

Criminal defence solicitors, who have begun a boycott of low-paid work, have already demanded tougher action, which could see them refusing to take on domestic abuse and youth court work.

A consultation on the government's criminal legal aid proposals closes on 7 June. Last week the ministry published data that suggested the criminal bar's 'no returns' action has caused minimal disruption. The CBA says the figures exclude a very large number of non-trial and trial hearings that have been postponed administratively by list officers without hearings being listed.