Solicitors consider escalating legal aid protest as court disruption spreads

Solicitors consider escalating legal aid protest as court disruption spreads

Criminal court proceedings could face further disruption as solicitors consider escalating industrial action in a dispute over proposed changes to legal aid fees.

Hundreds of cases in Dublin District Court were affected on Wednesday, the first day of a three-day withdrawal of services by criminal defence solicitors. Cases in the Central Criminal Court and Circuit Criminal Court were also adjourned after solicitors declined to undertake legal aid work, the Irish Independent reports.

The dispute centres on plans to introduce a flat fee of €455 per legal aid client, regardless of the number of court appearances required. Solicitors argue the changes would make legal aid work financially unsustainable.

Most of the disruption has affected cases involving defendants on bail, with custody cases generally proceeding. However, sources said solicitors are examining further measures, including the possibility of withdrawing from legal aid panels entirely.

At the Central Criminal Court, defence counsel in a number of cases told Mr Justice Paul McDermott they had no instructions because solicitors were not in attendance. One solicitor told the court that “with the greatest respect to the court, I’m withdrawing my services”.

Mr Justice McDermott said solicitors should attend court to notify judges directly if they intended to withdraw services, noting the impact on defendants, complainants, witnesses and jurors.

In Dublin Circuit Criminal Court, Judge Orla Crowe adjourned a number of sentencing hearings and trials after defence barristers indicated they had not been instructed. Five of eight cases listed for sentence were postponed, including prosecutions involving harassment, armed burglary, sexual offences and criminal damage.

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