Features

An old hand’s guide to the Machiavellian machinations of chambers  

May 8, 2012: “…and there is no new thing under the sun” Ecclesiastes, Chapter 1, Verse 9.

The impending collision of two of my cases, one overrunning and one about to start, was averted: not by my learned junior in the former case keeping his promise that I could leave after my speech since, by then, he had vanished himself, but owing to the modern habit of prosecuting authorities to leave until the last possible moment the service of evidence that it has had for ages but has only recently perceived as being both in its possession and vital to the successful prosecution of the case. Thus, the arrival of about two thousand pages of evidence recovered from defendants’ computers, served last week in the latter case, has had the effect of aborting the whole trial until next year. Despite threats by the trial judge about wasted costs orders against the prosecution, I will believe it when I see it.

At a time of universal celebrations for the bicentenary of Dickens’s birth, Victoria Kastner suggests how best to enjoy the great man’s works 

During his bicentennial year, when worldwide praise for Charles Dickens threatens to reach its saturation point, there is a simple way to rediscover his genius. Read his novels aloud. The distance between his era and ours vanishes when we speak his words. Starting with The Pickwick Papers in 1836 and ending with Our Mutual Friend in 1864, Dickens wrote fourteen complete novels in twenty-eight years. This astonishing accomplishment represents only a small percentage of the eight million words he produced in his lifetime. As journalist, essayist, correspondent, and playwright as well as novelist, Dickens was so prolific that almost no one has read his entire oeuvre. Within this torrent of exceptional prose, he reserved his finest efforts for his novels. Today the general public regards them as the sole source of his fame. Dickens created each of these fourteen works with a perception we have since largely forgotten: the majority of his readers were in fact not readers at all, but listeners. 

Lucy Perman explains the work of theatre company Clean Break. 

Clean Break uses theatre to change the lives of women offenders. We were founded 33 years ago by two women in prison at HMP Askham Grange in Yorkshire and today we have grown to become a critically acclaimed theatre company, commissioning and producing plays by some of the UK’s best female playwrights on the theme of women, crime and justice; and providing high-quality theatre-based courses, qualifications, training opportunities and specialist support which are critical for the rehabilitation of women offenders. 

Christine Kings explains the changes currently being carried out to BARMARK. 

BARMARK, the quality standard for the Bar, is about to undergo radical change. The voluntary scheme, designed to recognise best practice, was launched in July 1999 with the sole aim of improving the administration of chambers. It now needs a major overhaul to make it suitable for a highly competitive 21st century legal services market. 

Raffia Arshad considers the law, case law and guidance surrounding Oaths and Affirmations 

To an experienced courtroom advocate, a witness swearing the oath to tell the truth is the means to an end. However, sometimes the process itself can throw up complications. Can a judge compel a practising Muslim to swear on the Quran if he or she instead chooses to affirm? Some recent decisions show that both the bench and the Bar can get it wrong. 

As the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) receives Royal Assent, Harriet Deane reflects on why making laws is never a pretty business 
“I am sorry to say that the product of the Minister’s hard work and the process followed by the Government on the Bill do not reflect well on this Government’s reputation. They have damaged access to justice, a fundamental constitutional principle.”  

Nigel Patrick talks through new Sentencing Council guidelines on allocation, offences taken into consideration and totality 

Definitive guidelines have been published by the Sentencing Council on three overarching aspects of sentencing: allocation, offences taken into consideration (TICs) and totality.

The guidelines, which will come into force in June, aim to ensure that the principles in each of these areas of sentencing practice are applied consistently in courts in England and Wales. 

David Wurtzel reports on the first meeting of the Middle Temple Women’s Forum  

The recent survey Barristers’ Working Lives – released by the Bar Council and the Bar Standards Board – asked self-employed practitioners why they were working at the Bar. The respondents were provided with many choices from which a number could be ticked. Only 2% selected “work life balance (control over)”.  This fact, long felt but now starkly evidenced, was one of the underlying themes behind the decision to establish the Middle Temple Women’s Forum which gathered together in Middle Temple Hall for the first time on 6 March, 48 hours before International Women’s Day. Whether or not there were, as estimated, more women in Hall than there had been since 1570, the attendance of some 300 was an impressive turn-out. They included members of all Inns, women of all calls, judges, representatives from the Bar Standards Board and other bodies, the chairman of the Bar and the Lord Chief Justice. 

Toby Craig and Charles Hale look forward to a new batch of bills, the London mayoral election and propose the launch of a parliamentary pin-up competition 

Ready to go

As Parliament enjoyed an Easter break, there was some welcome relief from the intense battles over the Legal Aid Bill. That left plenty of time for Easter Egg hunts as the bill completed its passage in the House of Lords and geared up for the “ping pong” between the Commons and the Lords, which will enable each House to consider the successful amendments and government concessions. The 11 defeats inflicted upon the government represent a substantial and important set of victories to longstanding opponents of the bill, of which the Bar Council is one of the most vocal. Lobbyists from a wide range of organisations stood ready and willing to continue making their arguments through a wide variety of communications channels, right up until the last. 

David Hammond recounts some of his experiences and lessons learnt as a UK representative and maritime legal advisor in Somalia.  

I have been in some of the world’s most dangerous places. I have worked amongst and around interesting people including common murderers, trained killers, potential war criminals and individuals who would not think twice about either seriously injuring or killing you without a hint of remorse. Up to three months ago, I undertook this with the benefit of the highly professional support network that was Her Majesty’s Armed Forces. As of early February however, this level of assurance and protection for undertaking day-to-day work effectively ended upon my retirement from the Royal Marines after 22 years, the last six of which were spent appointed as a naval barrister.