Veteran barrister Barry Gilbert speaks out on strike action

The veteran barrister has dealt with some of the most shocking criminal cases to hit the courts, yet these past few weeks it has been the views of the average person which have irked him somewhat.

“The idea we’re all loaded, well, the public needs to hear the truth which is, quite simply, we’re not,” he says.

If you have ever found yourself in the crown courts of Ipswich or Chelmsford, for better or for worse, you may have spotted the 66-year-old dutifully reciting the law without as much as a stutter.

And so the absence of Mr Gilbert and many of his colleagues has been felt in the now echoey courtrooms as members of the Criminal Bar Association strike over pay for legal-aid work.

Frustrated - Barry Gilbert Picture: 2 Bedford Row

Striking barristers have rejected the Government’s 15 per cent pay increase offer for their role when it comes to defending the accused, stating it will not kick in immediately.

Ministers have blamed the strikes for worsening a crown court backlog of just under 59,000 cases, but the CBA argues long-term legal aid cuts are the cause.

“What you’re paid for defending criminals is pitiful,” says Mr Gilbert, who has just left a case which had to be adjourned for the second time in three weeks due to a required Vietnamese interpreter not being supplied.

He explains: “Today I’ve got a four hour round trip which will cost me about £70 in petrol. I’ll get paid £90 for the day and they’ll pay me £20 in expenses, meaning I’ll make £40 for a day’s work.

“At the age of 66, having my first call 44-years-ago in 1978, this is what I’m going to earn.

Strike - Criminal defence barristers gather outside the Royal Courts of Justice in London

“A chap I’m representing at the moment is facing in and around 20 years imprisonment for selling guns and kilo-upon-kilo of drugs.

“There are thousands of pages to read through and if he pleads guilty I will get paid £600, but the trouble is the rates depend on plea and can be appalling.

“The job isn’t always complicated. Most of the time, in fact, it isn’t.

“It’s like when you hire a plumber, you don’t do that because the job you need sorting is very difficult, but they know exactly what to do and in the most efficient way.”

Mr Gilbert cited his children, who are studying at university, as the reason he keeps on going, or else he would retire.

“I’m doing it because I’m 66 and can’t think of anything else to do,” he adds. “I could retire but you keep on going. It’s not a hobby but the pay has pretty much made it one.

Crime - Ipswich Crown Court

“A couple of years ago I was prosecuting on a case where a child had been raped. It got adjourned and as I apologised to the mother involved, she said ‘oh it’s alright, you’ll get paid’.

“That really got me going, that day I only got £46 but had spent hours and hours reading and preparing to ensure I could do justice to the case.”

Boasting an impressive repertoire of linguistic abilities, Mr Gilbert can speak Arabic, Russian, French and German, yet his twilight years in the profession have left him feeling “depressed”.

“I’m glad I’m nearly at the end of it,” he admits. “If I had just been called I would be doing my best not to do criminal defending.

“But you either have a justice system which is equal on both sides or you don’t, the issue is now people don’t want to go into defence anymore.

Sentences - Chelmsford Crown Court

“Unless someone addresses it in a serious way, the Criminal Justice System will grind to a halt.

“I’m not being elitist but the people who would step up to do it in our absence will not be very good. Anyone with intelligence and qualifications isn’t going to want to do this.”

The veteran lawman describes the picture for junior barristers as a “bleak” one, explaining how the average starting salary is £12,000.

He adds: “Everything has been cut to the bone, the youngsters are getting taken to the cleaners by the Government.

“The average person outside of the law looks at us and think we’re all loaded which isn’t true.

“Personally, I’m not trying to buy a castle but I do want to look after my family and do all the things I’m supposed to do.

“I’m not trying to sell a sob story but I do just feel like nobody cares.

“The Government admitted two years ago the legal-aid payments are pitiful and promised us a rise but it has still not happened.

“We will keep on striking until it does.”

Barry Gilbert was speaking on July 7, 2022.