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“I am more inclined to judicial discretion than some of my predecessors”, the Secretary of State for Justice and Lord Chancellor, Ken Clarke QC, declared to the Justice Select Committee on 21 July 2010.
He added that we have sometimes “run ahead of common sense” which accounts for the incomprehension of sentencing legislation under the previous government.
The Lord Chancellor faced a series of well prepared questions from each member of the newly formed Committee which includes a number of recently practising barristers and solicitors. He freely admitted that he didn’t have all the answers.
He was concerned that the prison population had doubled since he was Home Secretary; he recognised though that we have created a “growing underclass” of people who know that they will be “back soon” an “inexplicable” number of whom are women. He wanted to see fewer prisoners but made no claim for his ability to reduce the crime rate. At this stage of discussions over funding he could not be specific about the future of legal aid though he was considering some form of insurance (“I haven’t found a more expensive system” in the world than the one we have now). He wondered about the underlying structure whereby defendants only pleaded guilty at the door of the court and cases seemed to take so long that there could be reverse incentives to keep costs down.
Although he has “no particular criticism” of the Judicial Appointments Commission, it costs £10 million a year and takes 18 months to choose a judge through an “elaborate process” which may not be making a notable difference to the judiciary. He was not fussed about competitive tendering (“we have enough lawyers” and there is “no lack of people wanting to come in”). “I haven’t made that many policy decisions yet”, he concluded.
He added that we have sometimes “run ahead of common sense” which accounts for the incomprehension of sentencing legislation under the previous government.
The Lord Chancellor faced a series of well prepared questions from each member of the newly formed Committee which includes a number of recently practising barristers and solicitors. He freely admitted that he didn’t have all the answers.
He was concerned that the prison population had doubled since he was Home Secretary; he recognised though that we have created a “growing underclass” of people who know that they will be “back soon” an “inexplicable” number of whom are women. He wanted to see fewer prisoners but made no claim for his ability to reduce the crime rate. At this stage of discussions over funding he could not be specific about the future of legal aid though he was considering some form of insurance (“I haven’t found a more expensive system” in the world than the one we have now). He wondered about the underlying structure whereby defendants only pleaded guilty at the door of the court and cases seemed to take so long that there could be reverse incentives to keep costs down.
Although he has “no particular criticism” of the Judicial Appointments Commission, it costs £10 million a year and takes 18 months to choose a judge through an “elaborate process” which may not be making a notable difference to the judiciary. He was not fussed about competitive tendering (“we have enough lawyers” and there is “no lack of people wanting to come in”). “I haven’t made that many policy decisions yet”, he concluded.
“I am more inclined to judicial discretion than some of my predecessors”, the Secretary of State for Justice and Lord Chancellor, Ken Clarke QC, declared to the Justice Select Committee on 21 July 2010.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
The client’s best interests could be well-served by sharing the advocacy with junior counsel more often than you might think – Naomi Cunningham and Charlotte Eves explore some less orthodox ways to divide the speaking role