I represented an 18 yr old who was issued a “superfine” of £10 K.
Alleged breach of the Regs was on 2 May 2021. He had some mates around his house on a weekend night when his parents were away. More came than invited. Police called. They thought there were 30-40 indoors Thread
Well.
It’s my parents’ diamond wedding anniversary.
Can we give them a little twitter/X/social media hug?
I promise to let them know!
Pictured here on Saturday evening in lovely Lancashire.
Eventually, after much stress, the FPN was withdrawn and substituted with an FPN of £200 (£100 if paid in 14 days). Family paid immediately and their nightmare ended.
Much gratitude to
@MerseyPolice
on that occasion.
Just another story of what was happening outside Downing St.
His grandparents were going to pool their pensions to help pay. I worked (unpaid) for the family making written representations and then telephoning to persuade the police to withdraw the £10k FPN.Police who attended said he was “a lovely lad”. But nothing they could do.
Many of us worked pro bono on resentencing in Jamaica of death penalty cases after JCPC judgment: Watson v R (Jamaica) [2004] 3 WLR 841 -mandatory death penalty unconstitutional as it violated right not to be subjected to inhuman or degrading punishment.Keir was junior in case.
Starmer worked for free as a lawyer to help scores of twisted killers around the world — including a monster who buried his two-year-old stepchild alive.
Represented Jamaican who stabbed a 9 month year old baby — pro bono.
No cab rank rule here
& outside.Regs: prohibition on organising gathering of more than 30 indoors. 18 yo v. remorseful. He was starting a career which might have closed to him if he hadn’t paid the FPN, then been taken to magistrates court & convicted (no appeal process)Neither he nor family had £10k.
So- this morning I was waiting to be admitted into the Court of Appeal on a remote link. I was fully robed;all in black. A big case but I’m looking smart. “I’ll just open this Xmas card whilst I’m waiting “ I thought.
Thanks friend for filling it with glitter.
Ta daaa My Lord!
I was asked by
@thetimes
to look at the first prosecution (& conviction) of a person being outside their home without reasonable excuse. It is a mess. She was prosecuted under the
#CoronavirusAct
Sch 21. She committed no offence under this Act.
#dinou
Merely suggested that
@GMB
should invite a barrister who actually practises in criminal law to discuss abortion case; rather than platform general personal opinions of a family law barrister.
Result👇🏽
Am happy with it.
I have been completely humbled at the number of people interested in this story and so strongly engaged in the concepts of justice, law and fairness. I will try and reply to the comments. But thank you.
The police announced that the conviction will be quashed. Take a bow
@fariha54
@thetimes
She pursued
@BTP
to disclose the charge so I could see there had been unlawful conviction.Thank you twitter for concern at the wrongful criminalisation of a person; even in times of crisis.
Appears a shift to acceptance of illegality of stopping students from leaving.🔽
Power of social media &
@AdamWagner1
MMU lockdown students 'can't be stopped from leaving' but should 'do the right thing' - Manchester Evening News
The fines have been withdrawn but there is not & has never been a restriction on where exercise is taken.This was an error by
@DerbysPolice
in March 2020.Panels need to be set up to review all FPNs. Derbyshire police could lead the way & be the 1st
And the result of calling out ill-informed & incorrect commentary on Criminal legal
aid- as Chair of the Criminal Bar Association- is this response.
I remain available to dispense facts if there is an appetite.
@GBNEWS
@SBarrettBar
Stephen - this is total nonsense about criminal legal aid.
Eg:
A defendant doesn’t “maximise spend”
A judge doesn’t control legal aid AGFS fees.
It might be well intentioned but why comment on an area where you have no knowledge?
@SBarrettBar
@GBNEWS
Who benefits?
Great to see
@BarHumanRights
seeking to hold
#china
to account for human rights violations; &
@bricksilk
taking the lawyers’ work to the government.
#bhrc
consists of barristers of England & Wales working pro bono to support human rights around the world.
These are the six questions I have tabled in
@UKHouseofLords
, picking up on this week’s
@BarHumanRights
recommendations to HMG on international options to investigate the situation of the Uighurs: .
Stephen - this is total nonsense about criminal legal aid.
Eg:
A defendant doesn’t “maximise spend”
A judge doesn’t control legal aid AGFS fees.
It might be well intentioned but why comment on an area where you have no knowledge?
@SBarrettBar
@GBNEWS
Who benefits?
‘It does look as though the individual involved has clearly tried to maximise the spend.’
Barrister Steven Barrett joins
@PatrickChristys
to discuss the £100k provided to David Amess’ killer Ali Harbi Ali in legal aid.
🖥 GB News on YouTube
Lots of yellow red ribbons with “free Assange” outside Belmarsh prison.
Caught my eye on my stroll away from Woolwich crown court today.
Definitely makes this ugly road intersection more interesting.
Thread:
#cummings
talks about “rules”. There is law & guidance. The law, at that time, prohibited leaving the place where you live without reasonable excuse. (Reg 6(1)) Nothing in law on “exceptional circumstances” with children 1/6
Thread Will update blog . Summary of Durham police conclusion is that Dominic Cummings broke the law when he drove to/from Barnard Castle. It’s a confusingly worded statement but they are clear that if he had been stopped on that journey the officer would likely have advised 1/3
The latest statistics (2020-2021):barristers specialising in criminal law has declined by 10%. In one year.This acceleration of barristers leaving criminal law will continue.Unless there is a substantial immediate uplift in fees. Action of no returns starts today.
#action4justice
Leaving court today the usher asked if I had left a bottle of water. I asked her if I could leave it in the court for tomorrow. She said “I’ll put it in the fridge for you.”
#northernhospitality
#bolton
This is a protest document. And by the reaction, an effective one.
The names include academics, solicitors, retired barristers and barristers who don’t practise in crime at all & are not on the CPS panel. They are not able to prosecute.
Starmer in “lawyer writes book on law” scandal.
Remember it as an excellent practical guide with á foreword by a Lord Justice of Appeal.
What has happened to grown up politics?
Sunak waves a textbook Keir Starmer once wrote, reading out its title: "European Human Rights Law by Keir Starmer".
Starmer brands the stunt "Utterly pathetic nonsense".
#PMQs
What is going on with barristers on twitter?
If we comment outside our specialism, don’t we have a responsibility to the public make it clear. Being a barrister isn’t a magic cloak that gives expertise on all areas of law.
Views?
The conviction was quashed. But it appears: she was detained (unlawfully)in police cells for 2 nights; tried in her absence -she did not speak in court (abuse of process ),denied important fair trial rights(basic!)Appears DJ read papers, convicted & sentenced with woman in cells
@AdrianYalland
@Bren4Bassetlaw
It also was following the Privy Council judgment in Lambert Watson which meant all JA death penalty cases had to be resentenced.
The mandatory death penalty was ruled unconstitutional.
I soent a couple of months in Jamaica working pro bono alongside local lawyers.
DPP announces pros barristers fees will increase to achieve parity with the defence; hard fought for by CBA alongside CPS Bar Council. The CBA already is working on the detail alongside the CPS.
@TheCriminalBar
It’s my birthday. A reflection:
It’s been a privilege to serve the Criminal Bar. It’s been tough, fascinating & I’ve given it my all.
The photo sums up a year of politics & also unexpected joys. I’d been invited to the AG’s breakfast & it was at no.10!Hold the light moments! X
Mr. Barrett provides a good demonstration of the flaws in legal commentary when the commentary is from a chancery barrister speaking on criminal law from a political position.
I’m sorry, but this is ludicrous posturing from the “yes I’m a Tory councillor but I only do law” Mr Barrett. Absent knowledge of the problem, and none has been suggested, what was Starmer meant to do? He’s not a savant.
So tier 4?
It is announced the day after Parliament goes into recess and avoids scrutiny. Whilst these are difficult policy decisions, the repeated chaotic, last minute panic government - reaching for emergency procedures when there could be some planning- is damaging for society
Anyone seen the amended Regulations allowing pubs to open tomorrow?How can people be expected to know what is criminal behaviour when the law changes are hidden until the last minute?Laws must be clear & accessible. Announcements by
@MattHancock
&
@BorisJohnson
do not change laws
Very sad news.
She was deservedly a very well respected Judge.
She sticks in my mind as someone I met within the legal profession who was decent, kind and supportive.
“Prime Minister Rishi Sunak says he will hold the chief of the Met Police "accountable" for allowing a pro-Palestinian demonstration to go ahead on Armistice Day.” Sky News 👇
The police do not report to the PM. That would be a police state.
"My view is that these marches are disrespectful."
Prime Minister Rishi Sunak says he will hold the chief of the Met Police "accountable" for allowing a pro-Palestinian demonstration to go ahead on Armistice Day.
Latest:
📺 Sky 501, Virgin 602 and YT
So I just received a call with an automated voice saying that there was an arrest warrant out for me from HMRC. It was an obvious scam. I followed through to waste the bogus HMRC person’s time & stop her scamming others for some minutes; until she realised & hung up. Beware!
Speaker of the Peoples’ Majlis President
@MohamedNasheed
appoints British QC to represent him and examine and work alongside the criminal investigation into the terrorist attack against him in the Maldives.
📃 Press Release:
Also, the PM upheld Dominic Cummings’s actions: “followed the instincts of every father & every parent”. All over the country people painfully have had to act against those instincts to comply with emergency laws & government guidance.
@BorisJohnson
#cummings
Would be useful for
@metpoliceuk
to issue clarification to people as to police powers/lack of powers of arrest under COVID emergency laws.Also politicians: reflect that conflating laws with guidance/crackdown type policing creates opportunity for the worst crime.
#SarahEverad
Lord Chancellor sent a recorded message.
It was greeted with absolute silence at its conclusion. There was no appetite for even a polite handclap.
There remains no inclination from Lord Chancellor to meet either Chair/Vice Chair
@TheCriminalBar
or Chair
@thebarcouncil
#BarConf
After giving my all to the criminal bar, as Vice-Chair & Chair of the CBA, I needed some time to rebalance & reclaim living outside serving the Criminal Bar. Although a privilege, I needed a break.
Recovery is in the beauty, energy and magic of Japan.
Mount Fuji stretching.
Important legal success.
Huge thanks for work of
@Mishcon_de_Reya
and crack barrister team Tom de la Mare QC,
@TomRHickman
QC,
@FaiselSadiq
and Celia Rooney.
We were right not to accept what we were told and to keep going back.
Just completed our Heads of Chambers’ meeting where we discussed the ongoing action.
Views now being expressed by many barristers nationally- in face of irrational intransigence of govt- are to escalate and stop work in the courts altogether.
Thank you to
@bbc5live
for having me on to speak on barristers’ action.
An immediate increase to legal aid could be funded by the £240 million saved by government on legal aid in pandemic. In fact, it’d pay the required 25% increase over the next 4 years.
#action4justice
Sentencing remarks in “abortion case”.
Always encourage twitter barristers to read facts and reasoning before commenting and also be aware that an appeal might be pending.
Particularly in cases which will stir strong feelings.
“I earned more as a barista than I do as a barrister”
Young criminal barristers who prosecute and defend 4the public
Tell
@thetimes
why
#Action4Justice
Is 4thePublic
Walk out next week by today’s
@TheYoungCBA
@TheCriminalBar
Young and old
North South
East West
No tomorrow
'This is freedom!' -
@RobbieRinder
'It's the ones that are doing legal aid, that are serving the system that are not even getting minimum wage.' -
@kategarraway
Barristers have voted to go on an all-out strike in England & Wales as part of a row with the Govt over jobs & pay.
Following reps I made on behalf of
@TheCriminalBar
I thank the Recorder of Winchester for withdrawing the 5 Jan direction & replacing it:new direction removes requirement for advocates to provide proof of LTF COVID +ve. Focus is on remote applications where dfts are COVID +ve.
Over 8 years I’ve been part of pushing for accountability for
#1988massacre
in Iran. Today, questioning some survivors who still suffer until
they get truth & justice.
W UN special procedures, Judge Schomburg,
@kevinjonheller
Tahar Boumedra & other brilliant human rights experts
Good to be chairing/speaking at a packed event in
@HouseofCommons
on
#women
’s rights and
#Iran
. At least 82 women have been executed under tenure of “moderate”
#Rouhani
I started pupillage in 1992 but this article strikes a chord with me.
The letters responding to my pupillage/tenancy applications were addressed using only surname (as was the practice).
Dear Brimelow
It was hard to be a woman barrister. It still is.
Contact
@PippaWoodrow
or myself at Doughty Street chambers or
@BigBrotherWatch
or
@netpol
or
@libertyhq
if you have been issued with a fixed penalty notice which you think is unfair. It is understood that people can ill afford to pay fines & the law should apply justly.
@Kirsty_Brimelow
of Doughty St Chambers told us: "If Mr Cummings' actions amounted to a 'reasonable excuse', including his test drive or day trip, how does this affect those convicted who might have put forward similar reasons?"
Except
1. It isn’t actually £7000.
Junior barristers earning £12200 a year see increase of £1830. £152 p mth
2. It won’t be received on September 2022;more like 2024/2025
Govt so far has refused to apply 15% to the 58000 case backlog.
3. Previous slashes to legal aid of 28%
Criminal barristers will receive a 15 per cent fee rise from September, meaning the typical barrister will earn £7,000 more per year.
This is part of the £135 million extra we are investing in legal aid to build a sustainable system for years to come.
I stayed overnight in a hotel as at Newcastle Crown court. I travelled light;just took my Q.C. jacket. And it was cold & so I wore it to breakfast. At the buffet a woman apologised for putting a croissant in the toaster. Puzzled. Ah-she thought I worked there. “No problem” I said
Another refusal 2 extend custody time limits R v Magezi Leicester CC
“. There is no evidence before me that the State has been able to fund the criminal justice system adequately to enable the courts to run effectively, in terms of having sufficient advocates, judges & recorders”
If you have been issued with a coronavirus fixed penalty fine and would be prepared to share the details with us, we would be very grateful to hear from you as soon as possible
Whilst agreeing with the approach of
@DurhamPolice
not to enforce, it is not the approach that has been applied to people up and down the country. Enforcement has been used quickly against members of the public when it should not have been. All FPNs require review.
@MattHancock
Just seen clerks across England & Wales trying to find prosecutors for 4 trials of sexual offences (4 different courts). Relentless cutting of funding to criminal law barristers resulted in 1/4 junior bar having left criminal law & 46% QCs having left criminal law.
@DominicRaab
A few thoughts from me on the importance of peaceful protest and the proposed restrictions in the Police, Crime, Sentencing and Courts Bill.
#HumanRights
If the government cares about freedom of expression, why is it passing the police and crime bill? |
This may seem a vain repost,
but decency and kindness so helps a time of endurance.
I did not flinch outwardly and fought for for the criminal bar.
But personal attacks always hurt.
Thank you
@LiamWalker_7
Kirsty Brimelow KC has been magnificent as chair of the
@TheCriminalBar
She delivered during the most tumultuous period. All of the criminal bar are in indebted to her for her work. Thank you
@Kirsty_Brimelow
I'm commenting in
@thetimes
today on the
£10,000 super fine. They're issued without means testing; a person who cannot afford (most) has no option but to go to court. Why has noone(in 8 months) set up an appeal system for all FPNs (plus scrap £10k FPN)
Meeting with President Solih today in Male’ in relation to acts of terrorism against the people of the Maldives and my client the Speaker & former President
@MohamedNasheed
and the attempted assassination of Mohamed Nasheed on 6 May 2021.
#maldives
1. These aren’t defences to offence of rape.
3. Lots to discuss about sexual offences in courts but Dr. P has never defended or prosecuted a rape case.
Why not make clear no legal content & not a criminal barrister?
(She did great work on FGM)
But 👇🏽nonsense
@DrProudman
From family of a pregnant woman who repeatedly had been refused bail.
I was brought in to try again. II relied on recommendations since baby Aisha Cleary’s death & high risk categorisation of prisons for pregnant women.Successful.
Unexpected reminder of why I’m a barrister.
I am delighted & honoured to be elected to Vice Chair of
@TheCriminalBar
& look forward to working with
@JoSidhuQC
Thank you to those who voted for me & to those who voted. I will work hard for all.Congrats
@NaritaBahra
for courage standing in election.
I promise to be fearless
“Kirsty Brimelow QC
@Kirsty_Brimelow
has been elected to the position of Vice Chair
@TheCriminalBar
as of 1st September 2021. We congratulate Kirsty who will provide strong support to Jo Sidhu QC
@JoSidhuQC
when he takes over as Chair at the same time.”
My comment piece on
@ukhomeoffice
toxic approach to rights of asylum seekers & its misleading video complaining about “activist lawyers” & EU law (spoiler: “activist lawyers” =fulfil professional duty to client & Conservatives lobbied for this EU law)
Representing
@GreenpeaceUK
being prosecuted by Marine Management Organisation for dropping natural granite rocks to stop destruction of sea bed by bottom trawling in marine preservation area (Brighton Offshore).
@The_MMO
Ruling on legal argument to stop case in January
#cop26
Today I have been questioning those who survived the
#1988massacre
in Iran; gathering evidence before the UN Special Rapporteur on the situation of human rights in Iran & the Chair-Rapporteur, UN Working Group on Enforced Disappearances.
#CrimesAgainstHumanity
#geneva
I enjoyed taking part in this programme with the brilliant thinker who is
@RoryStewartUK
It caused me to pause and think about what I do in court and how I might be using ancient techniques without realising.
1. Arguments divide us + shatter societies.
2. But arguments are - paradoxically - the only way to save democracy.
3. Humans need to rediscover how to argue truthfully + well - and how to listen too.
Tuesday 19 July at 9am on
@BBCRadio4
-
And criminal law barristers - from 11 April, don’t hesitate to contact us at
@TheCriminalBar
We are here for you.
We can no longer walk over the frayed floors of the courts, avert our eyes from the stained walls and from the departing backs of our colleagues from criminal law.
No power to issue a FPN unless there might be an offence under Regs (LAW not guidance).No law prohibiting travel to exercise. FPN issue appears unlawful. + police brought the women into contact with more people(themselves)
@DerbyPol
#anyanswers
@BBCRadio4
Very sorry to hear of Betty Boothroyd’s passing. I met her in recent years as she threw he strong voice and energy (she was only late 80s/early 90s) behind getting justice for those killed by Iran in the
#1988massacre
She was warm & formidable, brave & kind. RIP.
#BettyBoothroyd
Whilst we may empathise with difficult decisions,Cummings’s spin on guidance to justify driving across country, when so many have made heart-wrenching sacrifices in following what the govt main message,drains sympathy.And Cummings made the journey when infected with COVID-19 6/6
Enforcement should be last resort.
This type of draconian action by police batters any remaining trust.
People can ill afford fines during this time.
Regs must fulfil the purpose of preventing the spread of the disease. They are not to be used as a revenue collecting exercise.
There should be silence from counsel when other counsel “has the floor”. Also applicable to U.K.
Whispering back & forth between counsel, sighs, mutterings & head shakes have crept into crim trials in Eng/Wales.Whether other counsel can deal with it, it looks & is unprofessional
Barristers behaving badly:
I’ve not read criticism of counsel like this before in a judgment, or such a clear expression of professional standards
Thanks to
@Ali__B
for pointing out this interesting Canadian case
With Betty Boothroyd- first and (so far) only woman Speaker of the House of Commons. Also with Struan Stevenson, former MEP. I chaired a conference in Portcullis House on women’s rights in Iran.
I’m now about to head to Kazakhstan.
#lawyerslife
#internationallaw
#humanrights
A privilege to chair an early
#IWD2020
event on the oppression & suppression of women & girls in
#Iran
. And what a pleasure to meet Baroness Boothroyd the only woman to have served as Speaker. Here also with erudite panelist, former MEP Struan Stevenson
#womensrights
#London