THE TRIAL of a man accused of historic sexual assaults on a boy had to be pulled from the list – as the accused’s barrister was tied-up with another case and industrial action meant the trial couldn’t be taken on by another lawyer.
The man, who we are not naming, was due to be tried at Oxford Crown Court next week accused of sexual assaults allegedly committed against a child in the 1980s.
But appearing before Judge Ian Pringle QC, the honorary Recorder of Oxford, on Wednesday morning, defence counsel Adam Western said the trial he was currently instructed in was over-running and he would not be available to represent his client on Monday. He asked for the Oxford trial to be taken from the list and re-fixed for later in the year.
READ MORE: Why barristers are going on strike
Industrial action by members of the criminal bar meant it was unlikely the case could be ‘returned’ to another barrister, he said. Members of the Criminal Bar Association, the profession’s representative body, are currently in dispute with the government over the fees paid for Legal Aid cases.
Judge Pringle told Mr Western and prosecution barrister Tom Nicholson: “We are encouraged by higher judiciary to keep cases in the list unless there are very good reasons for not doing so.”
The reasons for that included in case defendants ‘wish to plead although they are not represented’ or the barristers became available at the last minutes, he said.
But the judge said the defence barrister made ‘powerful points’ in favour of the case being re-listed later in the year.
He said: “There are very good reasons for not having this hanging around and the complainant thinking he may have to give evidence. Indeed, so does the defendant needs to know with a greater degree of certainty about what is going to happen.”
The case will now be heard in November.
Members of the Criminal Bar Association began strike action on Monday. Barristers are refusing to attend court for Legal Aid cases, as they call on the government to increase fees for the non-private paying clients by 25 per cent.
Barristers staged a two-day walkout this week. They are expected to strike for three days next week, four days the following week and for a full five days in the week commencing July 18.
Last week the Lord Chief Justice, the most senior judge in England and Wales, wrote to all judges saying barristers who refuse to attend court as a result of the strike should be referred to the regulator to consider potential misconduct action. He was heavily criticised for issuing the letter.
Lord Burnett’s office subsequently issued a clarification, saying his original letter had sought to ‘draw attention’ to the warnings given by the CBA to its members ‘that non-attendance might be in breach’ of the barristers’ Code of Conduct.
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This story was written by Tom Seaward. He joined the team in 2021 as Oxfordshire's court and crime reporter.
To get in touch with him email: Tom.Seaward@newsquest.co.uk
Follow him on Twitter: @t_seaward
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