Judges insist on business as usual as Northern Circuit barristers begin protest

Judges are "constitutionally independent" and will reject applications to adjourn hearings on Monday next week on the Northern Circuit which are not made on "properly arguable grounds", the senior judiciary has said.

It is understood that a number of applications from barristers on the Northern Circuit wanting to attend an all-day protest meeting have already been turned down.

Barristers on the Northern Circuit voted not to take part in QASA earlier this month. A spokesman said they had voted to hold next week's meeting to discuss the government's cuts to criminal legal aid and the introduction of price-competitive tendering (PCT).

The CPS has ordered prosecution advocates to attend court as normal on Monday.

In a statement sent to all heads of chambers and solicitor advocates on the Northern Circuit the senior judiciary said: "We have been made aware that members of the Bar and solicitors have said that they may not attend court on Monday.

"We understand that the position of the CPS is that the CPS does not consent to any advocate instructed making any application to adjourn, or being absent from a listed case on Monday.

"The position of the judiciary is straightforward. It is constitutionally independent. It will hear any applications to adjourn, taking into account the interests of both parties and the administration of justice, but will only remove a case from the list if an application is made on properly arguable grounds.

"If no application is made or if it is refused, the court hearing will proceed on Monday as listed."

The judges added that the courts would take steps to minimise any adverse impact on witnesses.

A Ministry of Justice spokesman said: "It would be disappointing if some lawyers were to choose to disrupt court schedules - this would not help them and simply inconveniences the court, the public and their clients.

"HM Courts and Tribunal Service will work with others across the criminal justice system to keep disruption to a minimum.

"At this stage the government is consulting on proposals to reform legal aid in criminal law, to increase public confidence and encourage efficiency. We encourage lawyers to talk to us about the plans and respond to the consultation, rather than taking disruptive action."