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Manchester Evening News
Manchester Evening News
National
Sophie Halle-Richards

'Victims are being failed...' Maggie Oliver backs barrister strikes as she blasts 'crumbling' criminal justice system

Maggie Oliver has defended barristers' decision to strike as a 'last resort' to fix what she claims is a "crumbling" criminal justice system.

The former GMP detective turned whistle-blower told the Manchester Evening News that victims were being failed due to delays to cases, a dysfunctional Legal Aid system, and years of cuts.

Criminal barristers in Greater Manchester and elsewhere in the country have been taking part in industrial action all summer in protest over Legal Aid fees.

READ MORE: Judges 'wrong' to bail defendants due to barristers' strike, High Court told

The strikes have brought many of Manchester's criminal courts to a standstill, with one trial involving a man accused of serious sexual offences being postponed for six months.

It comes as this week an alleged rapist, two men accused of causing grievous bodily harm, and an alleged sex offender had to be released on conditional bail due to custody time limits.

Trials in all three cases had been due to take place this month, but had to be abandoned because the defendants had no lawyer due to the ongoing industrial action.

Maggie Oliver (PA)

As she urged the government to listen to striking barristers and take action, Ms Oliver described the harrowing impact of delays to victims - particularly of sexual and domestic abuse - some who have had to wait years for their case to reach court.

"The criminal justice system from top to bottom needs a complete overhaul because it is broken," she said. "The impact on victims is horrific in that they have a delay hanging over them. They go to bed every night and wake up every morning thinking about it.

"It absolutely consumes their every waking moment. To have that hanging over them for three or four years is brutal and is not what our criminal justice system should be like.

"Throughout my life I have always thought to go on strike was an absolute final action. But I have been seeing the same problems for ten years and I have seen a complete lack of action."

The Criminal Bar Association, which represents barristers, has argued for an immediate 25 per cent increase to legal aid fees, while the Government has offered 15 per cent. Cases at Manchester's crown courts have regularly been adjourned due to a lack of an available defence lawyer.

Barristers on strike outside Manchester's courts (Manchester Evening News)

In a recent case held at Manchester Crown Court, Judge Alan Conrad KC released a man accused of rape and sexual assault on conditional bail. He had been due to go on trial earlier this week but had faced spending many more months in jail, with his trial being rescheduled for July next year.

But Ms Oliver claims the excessive delays to cases are not a direct result of strike action, rather an issue that has plagued the justice system for many years.

"This is not a problem that has existed for five months," she said. "I am really sad that victims are caught up in this but even without the strikes there are unreasonable and horrific delays to bringing cases to court.

"These delays are not caused by the strikes. They were in existence for a long time before. The strikes I say are a very last resort. Victims are being failed and I would urge the government to sit up and listen.

"We have rape and child abuse that is virtually being decriminalised - governments and ministers have refused to face up to the broken system we now have.

"I want to see changes and if the only way to achieve that is through this last resort then I actually think it's what we need. We can't continue to turn a blind eye to a system that's not fit for purpose."

"We have rape and child abuse that is virtually being decriminalised - governments and ministers have refused to face up to the broken system we now have" (MEN MEDIA)

Kirsty Brimelow KC, chair of the Criminal Bar Association, which represents barristers, warned that there would 'increasingly' be defendants being released out on bail as their custody time limit expires.

She previously told MPs: "There may be situations where you have people on the streets you would rather not have on the streets."

The new Justice Secretary Brandon Lewis met with the CBA for the first time earlier this month. The CBA claimed his predecessor Dominic Raab MP had refused to meet with them previously.

Following the meeting Mr Lewis said: "Today I met the Criminal Bar Association and Bar Council to emphasise the need for striking barristers to return to work and get justice moving again. It was a constructive initial meeting and discussions will continue to deliver for victims."

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