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Gloucestershire Business News

Cheltenham man’s sentencing delayed by Legal Aid strike

A 30-year-old Cheltenham man has become the first defendant at Gloucester Crown Court to suffer from a national work-to-rule by criminal lawyers.

Industrial action forced a delay in the man's sentencing last week and he was remanded in custody for six weeks so that he can be legally represented at the end of May.

It was on Maundy Thursday that Zsolt Fodor, of Gloucester Road, Cheltenham, was due to be sentenced for assaulting a woman causing her actual bodily harm and doing criminal damage to her Renault Cleo on November 1, 2021.

But the court heard from the chambers of Fodor's barrister that he was committed to another elsewhere and because of the industrial action nobody else could take over Fodor's defence.

Criminal law barristers in England and Wales effectively went on strike at the beginning of last week in protest at the level of Legal Aid fees they are paid.

The Criminal Bar Association, which represents approximately 2,400 barristers nationwide, stated that it would go ahead with its work-to-rule last Monday (April 11) after 94 per cent of its members voted to withdraw their goodwill and said they would no longer accept 'returned work' by refusing to pick up last-minute cases passed to them by other barristers.

Judge Michael Cullum told Fodor last Thursday (April 14), after the court had waited for some time to establish the situation, "You were expecting to see your lawyer today before you are sentenced. But he hasn't been able to attend.

"This is because independent barristers are withdrawing co-operation from the courts, in that they are not looking after each other's work. This means that nobody else can represent you in court today.

"Therefore, we are not going to be able to deal with your sentencing today. Your sentence will now take place on May 30. You are effectively already serving your prison sentence you are bound to receive while you are remanded in custody.

"If I thought you would be released between now and then, I would have given you the opportunity to deal with this case yourself.

"But having seen all the documentation, I feel this is highly unlikely and therefore you are not prejudiced by waiting for representation with this case being put back.

"This situation is not my fault and I'm not going to apologise for it. Equally I am not going to comment about it, but I felt that it was my duty to explain to you in person why there was nobody in this court to represent you today.

"This court has ensured that your appointed lawyer will be available to attend this court for your rearranged sentencing on May 30."

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