Today, on the second day of the trial of Eltiona Skana, who was charged with the murder of seven-year-old Emily Jones, the prosecution at Manchester Minshull Street Crown Court offered no evidence on the charge of murder, and accepted the Defendant’s guilty plea to manslaughter on the grounds of diminished responsibility. There has been much…
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 moreWhy those of us in the system must share the blame for the lack of public faith in criminal sentencing
Good news breaks from Newcastle Crown Court, where four men have been convicted and sentenced for serious offences involving child sexual exploitation. Soran Azizi, Palla Pour, Ribas Asad and Saman Faiaq Obaid each received sentences of imprisonment for crimes including trafficking for sexual exploitation, sexual activity with children and supplying controlled drugs, the latter a…
Read moreThe criminal law has no business interfering in bad relationships
On 29 December 2015, to relatively little fanfare, a well-meaning but ultimately flawed criminal law was brought into force. Today, some 8 months on, the Guardian reports that the number of people being prosecuted under this law is low, inviting remedy under David Allen Green’s so-prescient-that-it-surpasses-satire Something Must Be Done Act 2014. The issue at…
Read moreIt’s official: the Criminal Justice System is broken, and no-one seems to care
Friday 27 May 2016. The day on which the following events were deemed worthy of historical record on the front pages of the English press: It is also the day, you may be interested to know, that the criminal justice system was officially declared “close to breaking point”. Not by me or my kindred professional…
Read moreIt’s not the police’s job to “believe victims”
I make plain at the outset that I will forever, until the untimely end of my days and beyond, harbour a residual affection for anyone, of any political persuasion, who tells Diane Abbott to fuck off. At any time of day, in any given context, this is surely always the right thing to do. But…
Read moreProsecutions are in crisis – how can the DPP suggest otherwise?
“For last year’s words belong to last year’s language And next year’s words await another voice. And to make an end is to make a beginning.” ― Little Gidding, T.S. Eliot Fashion dictates that the first written offering of a new year be contorted around a vague theme of resolutions and renewal. And those who know…
Read moreIs the CPS really considering putting a dead man on trial?
So, Lord Greville Janner has defiantly – and incomparably selfishly – gone and shuffled off this mortal coil before the various allegations against him can be the subject of a trial of the facts in April next year. There, one would think, this wholly sorry example of the criminal justice system misfiring at almost every turn grinds…
Read moreOfficial: If you are accused of a crime, the government will pay more for someone to photocopy your case than for someone to defend you
This is not a complaint about what criminal barristers get paid. Honestly. There are plenty of such grizzlings on other posts over these pages. But this is not one of them. No siree. Well not really. Admittedly pay rates are a feature of this contemplation, but only as an adjunct to a broader, more depressing principle. And it…
Read moreWitless for the Prosecution: A brief response to the CPS’ response
Last weekend, the Sun on Sunday gobbled up the juiciest, lowest-hanging fruit on the legal stories tree (if such an arboreal metaphor exists) and published a mini-splash on the various maladies rotting the Crown Prosecution Service. The article, “Witless for the Prosecution”, relied upon seemingly anecdotal evidence from two anonymous CPS whistleblowers – one a…
Read more