Features

Dr Vicky Kemp examines PACE protections and access to legal advice  

For more than a quarter of a century the Police and Criminal Evidence Act 1984 (‘PACE’) and its Codes of Practice have provided legal protections for those arrested and detained by the police; including access to free and independent legal advice. How has it worked in practice? Why do so many refuse to take up the offer of free legal advice? 

As a Principal Researcher with the Legal Services Research Centre, which had been the independent research division of the Legal Services Commission, from 2008 to 2012 I had undertaken a number of studies into police station legal advice. The first study involved a survey of over 1,000 users in the criminal justice system, which was conducted in six cities during 2008. Further research was undertaken, including a small-scale study of eight police custody suites (one station was in the city where the survey was conducted and the others based in five different areas) and interviews with defence practitioners. In 2009 we carried out a statistical analysis of over 30,000 police custody records drawn from four police force areas. There followed in 2010 a qualitative study of the main police station in each of these four police force areas. In one of the police stations observed an initiative was set up to help improve access to legal advice. This involved duty solicitors based full-time in the police station and the initiative was subject to a three-month review in 2011 and then again in 2012. 

After a long and tortuous journey, nursery provision is finally in place for the Bar. Fiona Jackson explains the background to, and the role of, the “Bar Nursery at Smithfield House”.  

The problem of retaining barrister parents, particularly women once they start a family, is not new to our profession. For the self-employed Bar, the financial costs of having a family can be particularly high as they are unable to benefit from childcare vouchers and other initiatives available to employees. It must be beyond argument that as a profession and in the public interest we should be striving to ensure the retention of the brightest and the best individuals who have spent many years in training and who, we hope, will go on to become the Queen’s Counsel and judges of the future. 

The Mock Trials Competition introduces the law and the jury system to young people, whether they are likely to become lawyers or to end up in the dock. HHJ Christopher Kinch QC explains  

You might have noticed that the advocates in Court 4 at the Royal Courts of Justice that afternoon did look a bit on the young side and you might have observed that they looked remarkably composed as they waited for their case to be called on in the court where the Lord Chief Justice of England and Wales usually sits. They had already completed three trials in the course of a court day that had started at 9.30 (on a Saturday) and at 3 p.m. they were ready for their last trial of the day. That level of “productivity” would have bean counters at the Ministry of Justice salivating. Every defendant had turned up. All the witnesses had been on time. There were no disclosure issues or problems or legal arguments and the judges were completing their summings up in 5 minutes or less. 

Job title: Head of Chambers at 4 Paper Buildings 

4PB is the largest family law set in England, with 70 members of which 12 are Silks, offering advice and advocacy in all areas of family law.  

You are one of four Silks listed as a ‘star individual’ at the Children Bar. What do you credit your success to?
One of only 3 actually as the 4th - Stephen Cobb QC - is now Cobb J. But seriously this is a difficult question to start the interview with. It is probably best to ask others but I guess it is down to a combination of things: the ability and desire to work really hard and not cut corners, emotional intelligence, good communication, approachability, confidence in giving a clear opinion and reliability. I’ve also had great clerks and solicitors throughout my career who have given me amazing chances. Lastly, a fair dose of good fortune in making the right and important decisions at the right time. 

Under CPR 31.5, disclosure has been catapulted to the front of the litigation timetable. James Morrey-Jones and Damian Murphy explain  

One purpose of the Civil Procedure Rules was to narrow the quantity of discoverable documents by making a document disclosable  (the change in nomenclature signifying a break with the past) only when it was going to be relied upon by the disclosing party or when it adversely affected his own case or supported the case of the other side. By the time of Lord Justice Jackson’s review the volume of disclosure, rather than being reduced, was instead high and climbing. The result is CPR 31.5 which will apply to all multi-track cases (apart from personal injury and clinical negligence) where the first case management conference takes place on or after 16 April 2013. 

The new process
The starting point is that 14 days before the first case management conference each party must file and serve a report, verified by a statement of truth, describing the documents that exist or may exist or may be relevant to “matters in issue”. The report must also describe where and with whom the documents are located: and for electronic documents, the way in which the documents are stored. An estimate of the costs of giving standard disclosure is required and the parties must make their selection from the disclosure “menu” at new CPR 31.5(7) and 31.5(8). 

David Wurtzel reviews The Winslow Boy – a tale of a family’s sacrifice as it fights to clear the name of an innocent son  

The Winslow Boy was first performed in May 1946. Watching it now at the Old Vic, one is struck by how much more “relevant” it has become. A plethora of issues comes alive, again and again, in this brilliant production in which every performance is pitch-perfect. 

Penny Cooper reports on plans to revise the Victims’ Code and enhance entitlements for the vulnerable.   

In February 2013, Frances Andrade committed suicide a few days after giving evidence in the Crown Court. Within days of the verdict, Helen Grant MP, the Minister for Victims and the Courts, held a roundtable meeting at the House of Lords. Those present included representatives of the CPS, the Ministry of Justice and HMCTS as well as the Chairman of the Bar and the author representing the Advocacy Training Council’s Vulnerable Witness Committee. Discussions focused on support for complainants in sexual abuse cases and improvements to the Victims’ Code. The coalition had previously made a commitment to reviewing the code and work was already under way. The revised Victims’ Code (“the 2013 draft”) became available on 29 March (https://consult.justice.gov.uk/digital-communications/code-victims-crime) with consultation running until 10 May. 

Barristers can now accept public access instructions from clients eligible for legal aid, following formal approval from the Legal Services Board on 28 March. Barristers under three years’ Call will also be directly accessible to clients, from later this year.  

A new training regime is due to be in place this autumn, at which point those who have already completed the existing training will have 24 months to undertake additional training or apply for a waiver. 

Gay refugees seeking asylum in the UK are having to resort to drastic measures to “prove” their sexual identity, as S. Chelvan reports  

There are 78 countries in the world which criminalise any form of same-sex conduct in private by consensual adults (2012 ILGA state sponsored homophobia report). Of  these countries, 42 specifically single out lesbians; five (Mauritania, Sudan, Saudi Arabia, Yemen and Iran) provide the death penalty. The Islamic states of Nigeria and parts of Somalia also enforce the death penalty. In Uganda, the Anti-Homosexuality Bill renders criminal prosecution of even straight landlords for not reporting the fact that they have a gay tenant. It is not a safe world to be gay. 

Youth Court Guide (5th edition) 
ISBN: 978 184766 982 7
October 2012
Publisher: Bloomsbury
Price: £70 

Youth Court hearings can be much more complicated than is often assumed. Leaving aside for a moment the fact that you are dealing with some of the most vulnerable people in society – children – and all the added complications that come with that, there are differences in procedure, court composition and sentencing to contend with. How convenient then to have these differences set out in one easy to read handbook.