If you've been horrified for the first time, or again, after watching
#TheWrongMan
and hearing Andrew Malkinson quietly & calmly describe the abomination he suffered you might want to read this blog I wrote after representing him with
@edwardhenry1
:
Yes it was a Conservative MP who played a leading role in drafting the European Convention on Human Rights. No Brexit does not disapply it. Yes it was born out of the ruins of WWII by those that actually fought it and wanted to do everything possible to prevent inhumanity.
16 years a criminal barrister in London and never done an electoral fraud/voter impersonation case. Also don't know anyone who has. Voter ID is a solution without a problem. But voter ID is a problem.
One of the greatest miscarriages of justice in British legal history ✉️
Mr Bates vs The Post Office starts 1st January at 9pm on ITV1 and
@ITVX
👏
#MrBates
Can somebody who has considerably more patience than I and who isn’t spending most of their waking hours in extreme anxiety about the state of the Criminal Justice System explain to the Home Secretary what making Cannabis a Class A drug would do to the Crown Court backlog.
If you're a law student worrying that it's not 'what you know but who you know' my DMs are always open for tips, advice and (if I'm available) arranging work experience.
I reckon this waiting for Christmas lockdown announcement feeling is about as close as most of the nation will ever get to that special waiting for a verdict feeling you get when your client admitted the offence in cross-examination and swore at the judge in front of the jury.
We learn at Bar School, and again from the Inns of Court, and finally from our pupil supervisors that a barrister's reputation can be lost in a moment and once lost can never be retrieved. It's a lesson that bears repeating and is worth remembering regardless of rank & seniority.
Prison places for criminals who won’t be caught because the government slashed the police, won’t be prosecuted because the government slashed the CPS and won’t be tried because the government slashed the courts.
Kudos and congratulations to everyone running the Marathon today. If you’re on the fence about having a go next year I can tell you that training for a Marathon was one of the most tedious and time consuming experiences of my life.
If you’re a student interested in pursuing a career as a criminal barrister and don’t have any contacts or mini-pupillages under your belt DM me and I’ll arrange a few days in court with me. London based and subject to availability.
Got v annoyed with 4 year old stalling bedtime by refusing to drink the glass of water I traipsed downstairs to get him from the supper table. Insisted it smelled like wine. Eventually told him to just get in bed. Went downstairs and took a sip of the water. Was wine.
A gentle and patient man of superhuman fortitude and forbearance. It’s been the honour of my career to represent Andrew Malkinson.
@we_are_APPEAL
have been dogged and relentless in the pursuit of justice and my leader and pupil master
@edwardhenry1
brought his best to the case.
You never see LinkedIn posts saying:
Grew up in Chelsea. Mum’s a banker, dad’s a Q.C. Went to St. Paul’s & Cambridge. Can’t believe I’ve got a pupillage at a top commercial chambers first time applying!
It’s not a landscape without the foreground.
Wife: Are you any good at making things look really cool on the computer?
Me: No. I am a barrister. That is the literal opposite of what I can do. I can produce a document in Times New Roman, that’s it.
You know what stops child sexual abuse?
Enough properly funded:
Teachers
Social workers
Nurses
Doctors
Police
Prosecutors
Prison staff
Probation officers
You know what doesn’t?
Bigotry
Reports that Raab wants to circumvent the action of the independent Bar by granting rights of audience to more solicitors. Perhaps he could ask his old colleagues at Linklaters if they wouldn’t mind popping along to the Old Bailey to defend a murder. At Legal Aid rates, of course
There is absolutely no dagger to the heart of a frustrated thespian more wounding than your child at story time saying ‘Daddy, please don’t do the voices’.
A political speech that amounts to ‘defence lawyers bad, prosecution lawyers good’ purposefully misrepresents the criminal justice system. Whether you’re a victim, defendant, witness, juror, judge or disinterested citizen you should hope fervently that lawyers are doers of good.
The disconnect between the absolutely immaculate, precision planned and faultlessly executed ceremonial of this week and what is otherwise happening in Britain at the moment, to the Criminal Justice System not least of all, is actually hard to bear.
Before I became a barrister in England I worked on capital appeals in New Orleans. The death penalty is an iniquitous and irrevocable punishment and cases like this prove why it should be abolished.
Late last night, Jerry Davis was released from prison after 40 years – 14,600 days – incarcerated for a murder he did not commit.
Mr. Davis was spared the death penalty after the jury could not agree on a sentence. Instead, he was sentenced to life in prison.
(1/7)
Opposing the death penalty is not a kindness to murderers it’s a kindness to a society that will never have the ineradicable blood of an innocent on its hands. Dealing in death debases everything and everyone it touches.
Being the parent of a newborn really diminishes my already negligible tolerance of anti-vaxxers. Deliberately exposing your child to a risk of harm is rightly considered a criminal offence. Why is this different?
Judges, who have been salaried through this whole thing, to get a pay rise. Meanwhile I, like almost all barristers, have not been in a trial since March and have had no government assistance at all.
I don't mind saying that this doesn't seem very fair.
Self-pitying conversation with wife about aging over Dishoom, child plugged in.
Wife: Say what you like, when I’m 40 I’ll be fit enough for two affairs a year.
Me, morosely: I’m too fat to have an affair.
Child, turning indignantly from iPad: Mummy is NOT too fat for the funfair.
Those that practise in legally aided criminal law are long inured to the naked scorn and contempt of certain parts of the public aided and abetted by certain parts of the media.
I NEVER imagined that NHS medics would suffer the same: especially during a pandemic.
For Shame.
I think I confidently speak on behalf of all barristers and advocates when I ask that whoever left their dentures on the window sill in the ground floor robing room at Snaresbrook Crown Court should remove them. You’re probably missing them anyway.
Sutcliffe’s name deserves instant oblivion. His soubriquet shames anyone that uses it. His only legacy should be:
- preventing misogyny in boys
- tackling misogyny in men
- an end to victim blaming
- closure of the serial killer circus
For some reason this image speaks more to me than any picture of frenzied jubilation ever could. Shared sorrow somehow seems more fitting for our times. Compassion and consolation. What a man, what men.
Taking the 6yo to chambers and lunch at Gray’s Inn. Hall not open yet so I suggested an apple juice in the Bridge Bar.
6yo: ‘Good idea, I could use a drink.’
If you don’t know the difference between an allegation and a conviction you should probably not speak in public, still less make laws. But out of curiosity what would be an acceptable conviction rate? 90%, 100% or perhaps, given this government’s penchant for rabble rousing, 110%
If you haven’t horse hair on your head, a stud in your throat, starched cotton around your neck and black wool about your shoulders today then you known nothing of warm weather wear.
When Michael Gove was Lord Chancellor he came with the MoJ to Southwark Crown Court in 2015 to watch a list in which I appeared. His successor won’t meet the Bar Council or the CBA, let alone see the state of the courts. What respect does he have for justice and victims of crime?
Rape cases in the spotlight but the grim reality is that the entire Criminal Justice System is on its knees. If you don't service your car for 10 years, if you don't visit your dentist for a decade, one day you will wake up and discover that things are beyond repair
Can you imagine if a Health Secretary used a party conference speech to say don’t get me started on the doctors or a Defence Secretary to say don’t get me started on the soldiers.
If I was drafting a Bill of Rights for the 21st century I would start by enshrining a right for victims of crime and defendants to have trials within a reasonable time. But then I’m not the Lord Chancellor so what do I know.
If the government carries on administering the criminal justice system like this and implementing policy like this we will end up with Life as the maximum sentence for every offence but it will take a lifetime for them to come to trial.
We’ve never had access to more information in history and yet a misconception that will never perish is the belief that barristers on Legal Aid are getting paid at private rates.
Beginning to suffer jury withdrawal syndrome. Had no idea how important a captive audience was for my mental wellbeing. The 3 year old makes a poor substitute: he just shouts ‘Daddy you’re not my best friend’ when I start talking.
It is extraordinary how, when you have small children, undertaking literally any household chore seems like a holiday to Barbados compared to looking after small children.
While your attention is on
#wagathachristie
can I encourage you to glance in the direction of the criminal courts which are a complete train wreck at the moment. You're very unlikely ever to be in a libel action, much more likely you'll be a participant in a criminal case.
Sad to learn of the death of
@DeborahJaneOrr
who shared feelings and experiences here that few care to or have the courage to make public. A fine writer. RIP.
Got randomly abused by angry driving bloke while cycling with my son today. Previously I’ve found the total ignore to be best response but today tried shouting ‘I love you!’ instead. Result - slack jawed confusion and bewilderment.
Asked the 4 year old what his perfect day would be and expected an answer involving chips, ice lollies, jumping in mud and Paw Patrol. What he actually said:
‘For everyone to be together.’
🥺
I don’t want to talk about cake I don’t want to talk about any of this. I just want a Prime Minister that doesn’t make me so embarrassed to be British.
One of the secret joys of parenting is your kids as co-conspirators. Offered 4 year old an ice lolly and he declined citing mother’s disapproval. I said she didn’t need to know. He said ‘Ok but put the wrapper in a different bin’.
WHAT has he been watching on the iPad!?
4 year old just mentioned an unfamiliar name.
'Who's that?'
'One of my colleagues from pre-school.'
COLLEAGUE!?
Is childhood not sacred any more?
I reminded him that the correct expression is 'contemporary'
So you want to be a barrister? Join me,
@seanjonesqc
(Employment & Sports),
@AdamWagner1
(Human Rights & Public Law), and
@Joanna__Hardy
(Crime) next Sunday at 8.30 pm as we discuss pupillage applications and take questions:
Imagine if your 5 year old drew on the wall with crayons and then you waited 2 months to punish them. That would be crazy. So is making defendants wait 2 years for their trials.
Not sure explaining to the child that being under 10 provides a complete defence in law was a very good idea.
4yo: Am I under 10?
Me: Yes
4yo: Is *my little brother* under 10?
Me: Er, yes
4yo: {Stares conspiratorially into the middle distance}
4yo: So the police can’t arrest us?
I was called in 2004. Every courtroom had a CPS rep, defence counsel was attended. There were trials. In 2021 the only reason to go to court is to be told your trial might happen in 2023 and the only real question is whether the carpets are stained with urine or rainwater.
The period between arrest and charge is fraught for anyone caught up in the criminal justice system, the period between first appearance and trial even more so. In a civilised and functioning society that period should be as short as possible in ours it’s months of anxiety.
It’s important to say that the message that there’s no point in reporting sexual offences to the police is a counsel of despair. There are many police officers, lawyers and judges that make it their life’s work to take such allegations seriously and have them tried properly.
I’m certain it’s not by chance that the generation of politicians that abolished capital punishment all fought in the war, the actual war not the culture war.
There is absolutely no scientific or medical evidence that convening a large number of people in the confines of a courtroom is safe. And if we lawyers can’t work to evidence then what is the point of us? Justice is important. Life is more important.
I spoke to a GP today and asked him how he encouraged his patients to make lifestyle changes and he said that he preferred to dance with them than wrestle them and I thought it such an evocative expression that would serve many barristers well in their client conferences.
If you’re a victim of crime on here waiting for a trial wondering why the barristers seem to be a noisy lot on Twitter it’s because the government has chosen not to make money available for your case to be heard.
Leaking lockdown restrictions relaxation to test the public mood is literally the opposite of evidence based leadership. Don’t ask us what we want: do what makes us safe.
Let judges judge and let politicians politick. Allowing political interference in the parole process would be a very dangerous step. Seizing upon this horrific case which arouses strong passions obscures what would be a serious breach of the separation of powers.
Tracey Connelly’s cruelty towards her son, baby Peter, was pure evil.
The decision to release her demonstrates why the parole board needs a fundamental overhaul – including a ministerial check for the most serious offenders – so that it serves and protects the public.
Marking Pupillage applications in 2021 is very ‘after I won the Nobel Prize I finished Blüttundgüttusdotir my epic Old Norse trilogy to be adapted for film starring Benedict Cumberbatch’. What happened to ‘can hold my own in a pub dispute and did a bit of debating at school’?
It’s the year 2021 and a lawyer’s first task is to persuade a judge he is not in fact a cat. This is not the future any of us predicted - ... - or wanted.
Where is the opposition spelling out to the government exactly how much more money the criminal justice system needs to start functioning again? More police, more prosecutors, more courts means more justice. Sentencing seduces but money matters.
There are numerous reasons somebody can be unfit to hold high office. We should always strive to ensure that being really and profoundly bad at the job remains one of them.
I suspect that the Lord Chancellor is well aware that this decision is highly likely to be upheld but this case is being seized upon as justification for political interference in the release of prisoners. If you care anything for the separation of powers that should concern you.
It's hard to convey to outsiders how much courtesy, cordiality and kindness counts in court. Your opponent is always your opponent but they should never be your enemy.
Getting kids ready
Me: Come on we’re in a real hurry
4yo: No daddy, YOU’RE in a real hurry
Me: Pull your finger out and I might get to court on time to be paid for pedantry like that
No barrister available for a trial listing is a new thing and evidence of a failed market. It’s no driver for your train, no pilot for your plane, no doctor for your pain. ‘Crime doesn’t pay’ is supposed to be a warning to criminals, not law students.
“194 criminal trials had to be abandoned from their start dates between July and September 2021 because there was either no prosecution or no defence advocate available” 32 fold increase in 1 year reveals
@TheCriminalBar
chair
@JoSidhuQC
as
@MoJGovUK
@DominicRaab
says “patience”
This is a just a re-screening of the original. Presumably they couldn’t update for 2023 because every week there’d have to be announcement: ‘This week’s episode has been adjourned to 2024.’
Today’s pupils and junior barristers have no idea what exquisite torture it was when a point of law arose unexpectedly and you had to look it up in Archbold’s paper index while the judge waited impatiently. Every minute passed in a second and every second felt like an hour.
Allowing the criminal justice system to collapse when the public is not paying attention may not seem a problem until the public is. Then it's a VERY BIG PROBLEM.
- Courts sold for luxury flats
- Trials listed in 2023
- Victims betrayed
There are some courts where trying to plug in is a nightmare. Good luck finding a socket in the panelling of Court 1 at the Old Bailey, for example. Then there is this corner of the robing room at Isleworth which looks ready to power up Mission Control at Cape Canaveral.