Features

Max Hill QC and Nichola Higgins explain why the CBA, which is cautiously supportive of the scheme, has significant reservations about how it will work.  

The Advocate Panels scheme, which was launched on 31 March 2011, will consist of seven regional, circuit based panels divided into four “Levels” across each of the circuits plus an additional London Panel. 

Just what does the Coalition Government stand for? Charles Hale and Toby Craig investigate…

As we approach the first anniversary of the Coalition Government and the all-important alternative vote referendum, the past month has given us some of the clearest indications yet of what the unexpected alliance is all about. 

Keir Starmer QC welcomes the launch of the CPS Advocate Panels Scheme, which he believes represents a turning point in the delivery of prosecution advocacy and improved relations between the CPS and the Bar.  

The CPS currently prosecutes just over one million criminal defendants every year. The vast majority are in the magistrates’ courts, but many are in the Crown Court and some are in the appellate courts. The advocacy in those cases is carried out either by self-employed advocates, mostly barristers, or by barristers and solicitors employed by the CPS. In my view, that is a healthy mix. 

“No man is allowed to be a judge in his own cause” and yet surely a judicial oath is an answer to the appearance of partiality? Sir Stephen Sedley looks at the tests for recusal and who decides upon them.  

Few people in this country, I would guess, reading the headnote above, attached to the official report of a recent decision of the US Supreme Court, would regard it as a difficult case. 

Changes to the nature of pupillages lead to reminiscences of more colourful times

April 9, 2011: “It’s a very ancient saying, but a true and honest thought, that if you become a teacher, by your pupils you’ll be taught” - Oscar Hammerstein II.

I popped in to the annual Pupillage Fair this year, spurred on by recent rumblings from the Bar Standards Board about the need to keep pupillage awards abreast with the current value of money. Sadly, my impression amongst the publicly funded sets was that this was more of a wake than a party. 

Peter Lewis explains how the CPS intends to implement full digital working and reduce its reliance on paper trails.  

By April 2012, the vast majority of our work at the CPS will be done digitally and our working practices will be streamlined. We are currently trialling various components of the new digital process in a number of pilot areas around the country (see map on page 29) which will help us learn the best ways of doing things before a comprehensive roll out next year. 

Sue Gethin speaks to Counsel about the challenges the FDA membership faces in common with the Bar.  

The vast majority of CPS prosecutors are members of the FDA, formerly known as the First Division Association, which negotiates on their behalf on a national level over pay and general terms and conditions. On a local level, the FDA assists members facing disciplinary action, bullying or harassment. The FDA will provide representation at internal disciplinary hearings or arrange for legal representation at employment tribunals as appropriate. The union also responds to national consultation on issues affecting members. 

To defend the Human Rights Act 1998 it is necessary to counter the falsehoods and distortions of those who misrepresent it. Regrettably the Prime Minister himself is among those who have done so, as well as more predictable elements of the media, particularly the Daily Mail.

A recent event that has unleashed misdirected criticism against the Act is the upholding by immigration judges of an appeal against deportation by an Iraqi asylum seeker who seven years previously had killed a child while driving a car. 

David Wurtzel reviews the law at work on stage in Inner Temple and out of the back of a Lincoln sedan in LA, Hollywood style… 

MURDER MOST FOUL OR LIBEL MOST VILE,
Inner Temple, 28 and 29 March 2011
Sponsored by Charles Stanley

Responding to a request from their Treasurer, Lady Justice Hallett, for an historical play, Murder Most Foul or Libel Most Vile was performed in Inner Temple in March. This is a highly intelligent piece, packed with historic and political detail and which can best be enjoyed by those who know their early Elizabethan history well. 

In the first of two articles, Paul Hynes QC examines the events leading to the extradition of Abu Hamza reaching the European Court

It is ironic that the decision on whether Abu Hamza remains in the UK or stands trial in the US is to be made in Europe. Although the British first arrested him in 1999, it wasn’t until 2003 that the UK authorities raided Finsbury Park Mosque and the Home Secretary served notice of his intention to deprive Abu Hamza of his British citizenship.