Following the ongoing fallout from the trial of the Colston Four, and amid much confusion caused by the way in which the complicated issues have been presented by commentators and politicians, it may help to say a little more about criminal damage. I would like to take a hypothetical situation, wholly unrelated to the Colston…
Read moreGuest post by Jamie Fletcher and Dr Samuel Walker: Sexual violence, the Overton Window and the limits imposed by the law
I am pleased to host this guest post by Jamie Fletcher and Dr Samuel Walker, who are Lecturers in Law at Bournemouth University. ———————————————— Introduction The aim of this post is to discuss the increasing prevalence of consensual sexual violence and its relationship with criminal law. It will be shown that acceptance, engagement and…
Read moreGuest post by Joanna Hardy: I’m an online lawyer now. Can you hear me?
“I haven’t met the defendant, Your Honour,” I tell a screen in my kitchen. Silence. “Can… can you hear me?” My words echo through the judge’s laptop in a courtroom three miles away. I hear them again in prosecution counsel’s dining room. My client, who has never set eyes on me before, sits in a…
Read moreGuest post by Aparna Rao: Why the decision to quash the conviction of Cardinal Pell might strike lawyers as troubling
I am pleased to host this guest post by Aparna Rao, of 5 Paper Buildings, published in response to yesterday’s guest post by Edward Henry QC, which argued that the approach taken by the High Court of Australia in allowing the appeal of Cardinal Pell was one that the England and Wales Court of Appeal (Criminal Division)…
Read moreGuest post by Edward Henry QC: Reflections on the case of Cardinal Pell
I am pleased to host this guest post by Edward Henry QC, of QEB Hollis Whiteman, reflecting on the case of Pell v The Queen [2020] HCA 12, and what the Court of Appeal (Criminal Division) in England and Wales can learn from the High Court of Australia. ————————– On 7th April Cardinal Pell was cleared by the…
Read moreDoes it matter that Quiz got the law so hopelessly wrong?
Last week, ITV premiered the three-part drama Quiz, based on the real-life story of the “coughing Major” Charles Ingram (who, despite his popular title, in fact engaged in no coughing himself), and his wife Diana, who along with co-conspirator Tecwen Whittock were convicted at Southwark Crown Court in 2003 of procuring the execution of a…
Read moreTelevising sentencing remarks is a gimmick that has not been thought through
As somebody who spends more time than is healthy banging the drum for better public understanding of the justice system, today’s announcement from the Ministry of Justice that sentence hearings in the Crown Court will be televised should be right up my wheelhouse. The proposal sidesteps any worries about a rush to an Americanised celebrification…
Read moreA letter to my younger pupil-self
For this month’s Counsel Magazine, I have written a letter to my younger pupil-self, offering some words of advice that I wish I’d been given when starting life at the Criminal Bar. The piece can be read here.
Read moreWe need to take a long, hard look at whether trial by jury is working
I have today written a piece for the i newspaper on the jury system, after the excellent series published this week on life as a juror, The Trial: Secrets of Jury Service. My thoughts can be found here.
Read moreGuest post by Mukul Chawla QC: Reflections from my years at the independent Bar
I am delighted and honoured to publish this guest post by Mukul Chawla QC. Many readers will know that, after 35 years at the independent Bar blazing trails that leave us mortal practitioners feeling very humbled indeed, Mukul is stepping down as Head of Chambers at Foundry Chambers (formerly 9-12 Bell Yard) for a new beginning in employed practice….
Read more