Controversial QASA grading system for advocates and plans to open up work to tender face growing objections

The chairman of the Criminal Bar Association (CBA) has appealed to the public to back protests against Government reforms of criminal advocacy, following an all-day meeting of Northern Circuit barristers this week that led to disruption at courts in the north of the UK.

The Northern Circuit of the Bar met in Manchester on Monday (22 April, pictured top) to address the Ministry of Justice's (MoJ) plans to introduce price-competitive tendering (PCT) for legal aid contracts, which could see criminal work awarded to the lowest bidder regardless of expertise.

The move comes alongside the introd-uction of the Quality Assurance Scheme for Advocates (QASA), a controversial new grading system set to be rolled out this year which will see criminal advocates rated at one of four levels. 

The reforms have prompted concerns over the future of the independent criminal Bar, while many high street law firms are expected to be hit hard as legal aid contracts are likely to be absorbed by volume providers due to the PCT changes.

CBA chair Michael Turner QC said: "We hope the public are sympathetic. Under QASA and PCT, the object is to limit the choice of who will be representing you – this could be your life on the line and you would have no choice over who was defending you. Democracy is being abolished. 

"The independent Bar will disappear – 1,600 firms will be cut to 400 and the huge providers will take over. Your provider will end up being a Tesco or Eddie Stobart employee. This can't be in the public's best interest."

Some 400 barristers and QCs of the Northern Circuit were at the meeting on Monday, with HM Courts & Tribunals Service confirming that, of the 241 cases originally listed for that day, 15 trials and 42 other matters were adjourned, with the majority given new dates within four weeks. 

john-cooper-qcJohn Cooper QC (pictured) of 25 Bedford Row commented: "The meeting is a statement to the Government reflecting the anger of the criminal Bar. The Government will play dirty – they will try to paint the Bar as a group of 'fat cat' lawyers. If the public want to take the bait, they will. But it is up to us to lay down what the issues are."

Resistance to the implementation of QASA and PCT has grown in recent weeks, with this meeting coming shortly after the resignation of Jonathan Kinnear QC from the Bar Standards Board (BSB) professional conduct committee in protest over the introduction of QASA, which he described as "disastrous".

A BSB spokesperson said: "The reasons cited for Monday's action are misconstrued. Arguments about competitive tendering for legal aid contracts are related to the recent Ministry of Justice Consultation on Legal Aid, whereas QASA exists to protect the public from those advocates who are not as good as they should be. The two are not linked.

"Recent changes to regulation have led to a new breed of companies licensed to provide legal services that may seek to take over criminal barristers' work if the opportunity presents itself. However, the Bar Standards Board is working to help barristers adapt their business models so as to continue to provide excellent advocacy in the emerging legal landscape."

Fountain Court's Patricia Robertson QC, vice chair of the BSB, warned: "Other circuits organised their meetings outside of court hours. Clients still need their representation. The public may become less sympathetic to the Bar if they are seen to be putting their own interests ahead of their clients."