I am delighted that a current law student, and soon-to-be criminal pupil, has taken the time to write the following explainer on the ongoing dispute between the criminal Bar and the government over legal aid fees and the funding of the criminal justice system. A point which would be easy to lose – and which, more…
Read moreYour questions answered on the John Worboys judgment
On Wednesday 28 March 2018, the High Court handed down its landmark judgment in the case of John Worboys, upholding the challenge by two of his victims to the Parole Board’s decision to release him. The judgment runs to over fifty pages and does not make for easy reading, so here’s my breakdown of this…
Read moreCrowdJustice Campaign – Alert your MP to the state of criminal justice
I am thrilled to be part of a brand new CrowdJustice campaign, launched today, aimed at shining a light on the crisis in the criminal justice system. The Criminal Bar Association and Young Legal Aid Lawyers are asking for pledges to raise funds so that every single Member of Parliament can be sent a copy…
Read moreA comprehensive list of intimidatory acts that are illegal offline but legal online
Today on Radio 4, Home Secretary Amber Rudd was the latest government minister calling for an overhaul of the criminal law in the name of tackling “intimidation and aggression” on the internet. Her premise is that “what is illegal offline should also be illegal online”. This was repeated by Theresa May in a speech today…
Read moreCould Donald Trump be arrested for inciting hatred when he visits the UK?
The nominal President of the United States has had quite a week. My personal highlight was his absent-mindedly tweeting a confession to obstruction of justice, and then wildly thrashing around looking for someone else to blame for penning a tweet which was written both under his own name and in his own, inimitable, grammar-hazing style….
Read moreBad law reporting and a public dangerously disconnected from criminal justice
thesecretbarrister Bad Law, Contemplations, Law Inaction, Lawsplaining, Legal Aid, Politics, Sentencing
The criminal law has long had an image problem. Partly, the fault is internal: the ridiculous costume; the alienating hybrid of legalese and obsequious formality that renders court hearings nonsensical to anyone in the public gallery; the impenetrability and inaccessibility of updated statute and case law; the historic failure of those of us in the…
Read moreA reply to Lord Adonis on sentencing, prisons and judges
I’ll be honest, out of all the ‘robust debates’ I’ve had online about criminal justice and sentencing of offenders, I would not have expected the most frustrating, fiery and ill-informed to be with someone advocating for less use of prison. It takes a special talent, I would suggest, to present an argument in such a…
Read moreSome thoughts on Charlie Alliston and death on the roads
I have been asked by several people what my views are on the tragic case of Charlie Alliston, the 20-year old cyclist who was this week sentenced to 18 months’ detention in a Young Offender Institution for causing the death of a pedestrian, Kim Briggs. And to be honest, I’m not sure what I think….
Read moreThe Grenfell Inquiry needs facts, not fearmongering
Yesterday I wrote something for the New Statesman on the Grenfell Inquiry and the political fearmongering over the appointment of Sir Martin Moore-Bick. The piece can be found here: http://www.newstatesman.com/politics/uk/2017/07/grenfell-inquiry-critics-martin-moore-bick-are-dabbling-fearmongeringp
Read moreGuest Post by Simon Myerson Q.C.: An alternative proposal concerning sexual offences and consent
In March 2017, Harriet Harman proposed a legislative amendment to section 41 of the Youth Justice and Criminal Evidence Act 1999, which would have the effect of prohibiting at criminal trials any questioning or evidence concerning the previous sexual behaviour of a complainant alleging a sexual offence. This week, Ms Harman reportedly confirmed that she…
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