Competitors run past the Eiffel tower during the 37th edition of the Paris Marathon on April 7, 2013 in Paris. AFP PHOTO / FRED DUFOUR        (Photo credit should read FRED DUFOUR/AFP/Getty Images)

Guest Blog: Running the Marathon for Bridging the Gap

Why I am Running the Paris Marathon for BRIDGING THE GAP ISLINGTON

Guest Blog by Madeline Robinson (1)

The news that my upcoming “holiday” in Paris will be accompanied by a heatwave has not caused me the elation it might have under other circumstances. This Sunday, Paris will be swamped with a 24 degree chaleur, almost one degree for every sticky mile I intend to run, and about 24 degrees warmer than my preferred running conditions. My training in the relatively arctic conditions of London has not equipped me for such treacherous temperatures, and my skin, over-zealous in its sensitivity and with a tendency to turn red at a light jog, is, as my boyfriend put it, “going to turn such a funny colour”.

I decided to run the Paris marathon on a bit of a whim, when my friend mentioned it and I half-jokingly looked up training plans. The first training plan I found took 17 weeks, and when I realised I was 17 weeks to the day from the race I decided it was meant to be, despite the fact that I had very little running experience and, moreover, very little tolerance for running.

IMG_0511

Over the weeks I slowly built up my running distances, discovering that I am most certainly not built for running. Minor injury upon minor injury left me in minor amounts of pain and caused major amounts of anxiety and concern.

I started sending daily three page texts to a semi-professional running friend, which initially were met with kindness and patience, and were eventually met with single lines such as “Maddy, you literally just have a stitch”.

Several trips to the physio allowed me to describe my incompetence at running with professional-sounding jargon. I didn’t have flat feet, but “collapsed arches”, which causes “pronation”, meaning my glutes and calves were too weak, resulting in tight “ITBs”, painful “calcaneal tendons” and achey “knees”, for which I was set hours’ worth of daily strengthening, stretching, heating and cooling exercises. I was also taught a humiliating new warm-up routine to do before each run (which requires that I slap my ankles, side gallop and do lunges… backwards) which I’m sure any observant neighbours will now have memorised through repeat exposure.

With muscles now slightly more resilient, and having completed a 21-mile training run in Scotland a couple of weeks ago, I am feeling fairly confident that I will complete the race, which I couldn’t have imagined a few months ago when a few hundred metres felt like a marathon.

IMG_0512

While this will be a big personal achievement for me, it is important not to forget the real reason I am taking part in the marathon.

Bridging the Gap Islington

Having been with Bridging the Gap Islington as a trustee and mentor for almost a year, I have seen first-hand the power of strong mentoring partnerships for those that are in need. The charity was formed in 2012 and is small but growing, helping more and more vulnerable people every year.

The money raised will be spent predominantly on recruiting and training more mentors, and locating more people in need of mentoring. Bridging the Gap’s mentors are trained as volunteers to help those who are vulnerable, homeless or at risk of offending set clear, attainable goals to help them achieve a greater sense of purpose and direction. On top of this, having a mentor gives people someone to talk to without the fear of being judged. Since the mentors are volunteers, such partnerships are often more effective than other services, as the mentee knows that the mentor is not being paid to spend time with them.

This will be the charity’s first fundraiser; any donation, no matter what size, will be greatly appreciated and will go a long way in helping to support life-changing mentoring partnerships for those that really need it.

PLEASE SPONSOR MADDY AND SUPPORT BRIDGING THE GAP HERE

(1) Maddy is a volunteer and trustee with Bridging the Gap Islington.

IMG_0514

B531249B-199A-499E-8C9E-96394862F237

Breakfast Courts -the new pilot

An updated version of this blog can be found on the LCCSA website here

Breakfast courts for cereal offenders?  The new proposals amount to a serving of cold porridge, and advocates will need strong coffee when courts start sitting for 9 hour days

There was a demo outside Highbury Court at 0900 on Tuesday 4th April-strong opposition from lawyers and Court staff.  See coverage in the media here

Defence lawyers who practice regularly in North London were taken unawares by recent announcements relating to a proposed “extended hours pilot”, including that at Highbury Corner Magistrates Court. Unbelievably, there has been no known engagement with defence representatives about this pilot, which is intended to start in just over one month!

HMCTS propose to pilot  a split-shift scheme in Newcastle and Blackfriars Crown Courts, Highbury Corner Magistrates Court (and possibly elsewhere). From a date tbc in May, the pilot Crown Courts courts will sit from 9-1, with one judge and list, and from 2-6 with another. The proposals are worse in the Magistrates Court-starting at 0800 (so arrive 0700 to take instructions) or finishing at 2030 (unless sitting late due to over-booking etc)

IMG_0492

An update was posted on the LCCSA website  here -but as that was on 1st April, it may need to be taken with a pinch of salt…
Problems

There has apparently been no equalities impact assessment of these proposed working hours, which will clearly impact negatively on anyone with a healthy work–life balance, but particularly those with childcare responsibilities.

The impact on employer firms with contracts of employment with staff that include contractual working hours is unclear, as are the rights of individual employed solicitors to refuse to work the early-morning or late evening “shifts”.

Self-employed Solicitor Advocates and counsel may feel compelled to accept work throughout the various sitting slots, again with negative impact and unfairness for those with conflicting commitments.

There is no information about any proposed additional payment for work conducted outside of the current usual Court sitting times.
Working in Partnership”

An email of 27 March (reproduced below in it’s entirety at appendix 1)  informed us :-

“…that the flexible operating hours project has formed a National Steering group composed of representatives from the Judiciary, Crown Prosecution Service, National Offender Management Service, National Probation Service, Legal Aid Agency and the Police”
The defence community appear to have been excluded from the National Steering Group.

The email added:-

We have worked closely with the group and other partners across the justice system to develop the proposals for pilots and understand how flexible operating hours may be able to give increased flexibility for all court users including professionals.”

It is unclear whether there was any defence representative in the “other partner” category that developed the proposals for pilot, and if so whom.

 

Local Delivery

Local Implementation Teams will lead the pilots with judiciary and cross-agency representation. This will make sure that our pilots are developed and informed by those delivering our services and who understand the needs of the local service users”

It is not yet clear who will be included in the “LIT.”

Action

The LCCSA have asked for further details of the proposed pilot, and clarification of the little detail we have.

We have asked to be included in the National Steering Group and Local Implementation Team. We will be canvassing member opinion as to whether or not members will welcome and support the proposed extended hours, or oppose the proposal.

If majority member opinion is against the new proposals, we will canvass opinion as to what action if any we will take, and what we can collectively do. You can sign a petition here

 

Comments on Proposed pilot

1 “The arrogance of dropping this with a month to go is staggering. The claim of investment sticks in the throat when we know we have been bypassed to avoid fee increases.” Solicitor, Kilburn

2 “The impact on women and carers will be significant, I know so-many parents who free-lance precisely because they can work around school hours.” Freelancer Solicitors Association

3 “We need to resist it outright” Employed solicitor, North London

4  There is a finite amount of work! A starting point should have been to analyse the total cost .This is difficult. Consider the cost implications for all the stakeholders:- court personnel directly employed , indirectly eg gaolers, security and transport, then there is probation , the cps and advocates, cleaners….If you extend hours what is the cost impact ?!
The police will often talk about cell occupancy as a cost, the reality is if police custody time was reduced to 12 hours that would have a far greater impact than a few earlier or later hearings which will clearly be a cost driver for no discernible gain
. Greg Powell, LCCSA President

5 If these provisions were set out in the new contracts then employers should have been consulting employees on changing their employment contracts prior to accepting a new LAA contract, the consequences to E&D, flexible working etc….a firm could be straight to tribunal if they sought to enforce such a change to an employment contract.  Managing Partner, Central London firm

6 Shocking proposals, another kick in the teeth for hard-working, underpaid professionals in the legal aid community. Freelance Advocacy Services

the CBA is working with others on a protocol to make court hours compatible with practitioners’ other needs and responsibilities. All too often, our availability is taken for granted  Francis Fitzgibbon QC, chair CBA (in Monday message)

 

Appendix 1 -email from HMCTS of 27/03

Good Afternoon,

As a professional user of HM Courts and Tribunals service we want to keep you updated on our latest modernisation plans. This latest update is about piloting flexible operating hours in courts and tribunals.

We are investing over £1 billion to reform our courts and tribunals to deliver swifter justice, that is modern, more accessible and better meets the needs of all of our service users. We have recently developed proposals to test flexible operating hours in courts and tribunals and have discussed these at a number of the professional engagement groups we host. We are proposing to run flexible operating hours in six pilot courts to test how we can improve access to justice for everyone, by making the service more convenient, and use court rooms as effectively as possible. We aim to start the pilots from May 2017 for six months.

Details of the pilots proposed within each jurisdiction are included in the PDF attached.

Why are we piloting?
A major driver of the HMCTS Change programme is making sure our future services better meet the needs of those who use them. These pilots will help us test ways in which our courts and tribunals can do this and how we can better support working citizens to access justice more easily and at their convenience.

In addition, we believe that there are opportunities for us to make more effective use of our courts and tribunals estate. Flexible operating hours is one of the ways in which we may be able to achieve this. It is, however only part of the full picture of a transformed justice system which would also include increased use of virtual hearings, allowing more flexibility over appearance location, and access to more services through online channels.

The purpose of the pilots is provide a comprehensive understanding of how adopting flexible operating hours working might affect all court users and professionals: victims, witnesses, appellants, defendants and jurors as well as legal professionals, the judiciary and court staff.

Working in partnership
To support this, the flexible operating hours project has formed a National Steering group composed of representatives from the Judiciary, Crown Prosecution Service, National Offender Management Service, National Probation Service, Legal Aid Agency and the Police. We have worked closely with the group and other partners across the justice system to develop the proposals for pilots and understand how flexible operating hours may be able to give increased flexibility for all court users including professionals. We have also discussed the proposals with all of our professional engagement groups and will continue to provide updates to you through these fora during the pilots.

Proposed locations
The provisional pilot sites we have identified for flexible operating hours include:
Crown Court – Newcastle Crown Court & Blackfriars Crown Court
Magistrates’ Courts – Sheffield Magistrates’ Court & Highbury Corner Magistrates’ Court
Civil/ Civil & Family Courts – Brentford County Court & Manchester Combined Justice Centre.

Local Delivery
Local Implementation Teams will lead the pilots with judiciary and cross-agency representation. This will make sure that our pilots are developed and informed by those delivering our services and who understand the needs of the local service users

How will we understand the impact of changes?
Critical to the project will be the development of robust and detailed evaluation that gives clear insight into where and how the impacts of flexible operation hours are most felt (positively and negatively) and by whom. This will help us to understand whether flexible operating hours can enable an efficient and effective justice system which is considerate of the needs of the people and professionals who use it.

In coming weeks, we intend to work closely with partners across the justice system , including legal professionals such as yourself, to develop our evaluation approach from all perspectives. We will seek your input to ensure that we are testing against the right criteria and are able to include any key areas of interest in the evaluation.

IMG_0475

Book Review: Abuse of Process (3rd ed.) by Colin Wells

Abuse of Process (third edition)
Published Oxford University Press (ISBN 978-0-19-878604-7) Buy from OUP here

This is an abbreviated version of a full book review which will be published soon by the LCCSA 

This is the third edition of this excellent book and remains an essential guide to the relevant principles and case-law.
Colin Wells is a criminal defence barrister at 25 Bedford Row, and is recognised as a leading authority on Abuse of Process.
This new edition of his book is published by OUP.  It’s two predecessor editions had been published by LAG and Jordan Publishing, although only the first edition was further  titled “…a Practical Approach”  Although those words have been dropped from the title, this nonetheless remains just that: a practical approach and guide for the criminal law practitioner who has a case with a potential “Abuse” point,  and who wants to properly advise on the merits of that, or prepare and/or present an application to stay proceedings.

EF89B4EC-1D23-4130-B3AA-00B70292EED4
None of us want to raise an “abuse” argument that has no hope of success (and the author concedes in his preface that applications are still “rarely successful”) but where there is a prospect of success it would be a catastrophic failure not to seek a stay of proceedings.
This is the book which enable the general practitioner to make an informed decision, find the relevant authorities (with numerous new cases and updates from the last edition) and where appropriate prepare the application.
Once again there are examples of skeleton arguments to assist in drafting applications in different categories of abuse, including cases where the defendant is a victim of human trafficking.
This edition of the book retains a thematic approach, with separate chapters on eg delay, disclosure, adverse publicity and entrapment. There is an updated chapter by extradition specialist  Rebecca Niblock, and the book as a whole benefits greatly from the collaborative approach including a scholarly and insightful introduction by Rudi Fortson QC.
The first edition of Wells’ book was the first academic text on this topic to include a highly-acclaimed chapter on “Abuse of Process at the Police Station”, in this edition the chapter has been expanded to “pre-charge and investigation”. This edition also includes a new chapter on confiscation.
It is now over twenty years since the House of Lords decided HRMC ex p Bennett, and the rationale for staying proceedings has shifted somewhat. Perhaps the best contemporary statement is that of Maxwell [2010] establishing two categories namely:-
-where it will be impossible to give the accused a fair trial, and/or
-where it offend’s the Court’s sense of Justice to try the accused in the particular circumstances

The Courts are likely to maintain their vigilance in ensuring the “floodgates” are not opened, but equally as Rudi Fortson opines (and is quoted with approval by HHJ Radford in the foreword) there is no sign yet that the flow of abuse of process cases will abate. The “Abuse” procedure remains a valuable check and balance on the integrity of the Justice system, and until the flow is abated this remains the “must-have text” for the conscientious practitioner.

Below -Colin Wells, of 25 Bedford Row

IMG_0476
Review by Greg Foxsmith 06/02/17

IMG_0515

Freelance Advocacy Services: News and Advocacy Availability

Subscribe to the Friday Freelancer! A monthly email bulletin. Email gregfoxsmith@msn.com to be added to the distribution list.

Content is updated regularly here (as is availability on www.freelanceadvocacyservices.uk)

Greg Foxsmith COURT AVAILABILITY:-

I am undefeated so far this year, book me while I am on a roll! I have limited availability next month, then free later in the year- see  here.   book via gregfoxsmith@msn.com or 07980846330

NEWS

Boycott The Breakfast club Highbury Corner Magistrates Court and Blackfriars Crown Court will be piloting early morning sittings and late finishes from May.

Read the detail  here on the LCCSA website

Or coverage in the Islington Gazette here.    Sign a petition here

There was a  protest outside Highbury court  -see  coverage here (photo above)

Defence lawyers were not consulted about the pilot. The LCCSA are canvassing opinion -so far overwhelming opposition, and calls for a boycott-but do please share your views. .

Charity many of you know I am passionate about mentoring. For the last 3 years I have been involved in setting up a mentoring charity in Islington. That was easy-the hard work is securing funding. Last Sunday  Maddy (one of our volunteers) ran the Paris marathon -her first- in our first fund-raiser. She wrote an amusing blog about the experience-and her motivation- here.

Today of course is the London Marathon- good luck to Jim Skelsey (BSB solicitors) running in memory of his Dad for the Stroke Association.

The London Legal Walk is next month-good luck to Kerry and the Bullivants team!  Let me know if you are also taking part.

Lawyer of the Month=March

Colin Wells. Colin was called to the bar 30 years ago this year, and is a stalwart at 25 Bedford Row. An expert on money laundering and Costs Appeals against the LAA, he is also the acclaimed author of “Abuse of Process” , the leading textbook on the topic.

Mr January”  was Mark Cotter QC, and February’s top lawyer was Sonya, who has now started as senior Crown Prosecutor with CPS, and as yet still undefeated. Defence lawyers beware!

Sincere best wishes to Ronnie Jaffa (25 BR) on his retirement!

Good luck to those brave lawyers setting up new firms -including Lucinda Nicholls (Nicholls and Nicholls) and Rhona Friedman (leaving Bindmans)-update soon.

Nominations for April still open! Email your nominations

A list of lawyers of the Year for 2016 is here, and here is a 2015 list, (updated)

 

img_0125

Unity in the Criminal Law Profession

Edited text of speech at CLFS Conferences (delivered 21/10/16 Manchester +  28/10/16 London)

Intro

I have been asked to speak on unity in the profession.
I am no better qualified than anyone else to speak on this topic, but I suppose being involved in a representative  body- in my case the LCCSA–  has given me some small insight into where we as criminal lawyers have successfully united, and where we have not.

Last week I attended the Parmour lecture for the Howard league, delivered by Nick Hardwick, now at parole board but perhaps better known in his previous capacity as a fearless Inspector of Prisons, whose reports graphically condemned prison after prison as unfit for purpose.
The audience included, as you might expect, bleeding hearts, liberals, lefties, lawyers, the usual suspects. So as you may imagine. I was at home.
But the lecture was at Clifford Chance, and I did not feel at home in their glittering building in Canary Wharf.
Lawyers there are not familiar with the type of law that we do anymore than we are with their commercial activities
They don’t understand criminal law as we understand it

(Although I did read last week that somebody employed in a City firm was sacked and struck off for stealing stationery. Perhaps it’s only to be expected that things disappear in a magic circle firm…)

Anyway…

At Clifford Chance, they don’t practice legal aid
A fixed fee for an entire case at the magistrates court is equivalent to the hourly rate of lawyers there.
What do we have in common with these “masters of the Universe?”
We have the same regulatory body, we pay the same practicing certificate, we are in the same profession….

..and we have virtually nothing in common.

So we can’t expect unity with City firms
Or can we?
Underneath their expensive suits do these lawyers not still have an interest in justice? Might they not help us? There was discussion at one point of a 1% tax on Commercial Law firm profits to fund Legal Aid. That’s not going to happen, but can we, should we, dare we approach our better-heeled fellow lawyers and ask for help?

I do not mean encouraging the provision of well intentioned “pro-bono” advice from junior employees at the Law Centre, but can they support legal aid practices by eg seconding trainees, or providing support services, in the way a PL club may “loan” a player to a less well-heeled club?

Or can they help us lobby MoJ using their access to the corridors of power?
Just ideas.
Unity.

Unity in the Profession

What about the High St Practice? The one-stop shop with a range of services , a holistic approach?
Law is increasingly fragmented, and LASPO has ripped the heart out of much of what would have been publicly funded advice.

We think we have it bad in Criminal Law, but where were we when multi-disciplinary practices were axing family departments, abandoning employment, immigration and welfare benefit advice? Were we campaigning and fighting for the principle of equal access to the law, or squabbling about page count?
We need to fight for Justice generally, not be marginalised into separate spheres of narrow self-interest.
Representative bodies try to do this, meeting together -TLS, LAPG, YLAL, CBA

Can we expect unity with our fellow lawyers from other disciplines? Do even we deserve it?
Can we achieve it even between ourselves as criminal lawyers? We are all competitors in a diminishing market.
I believe that although we have much that divides us we criminal lawyers have much more in common
We have , I think, an overarching interest in justice
This is not a job, or even just a profession, it is a vocation.

Of course we all have a degree of self interest, and we all would like to be well paid.
Or at least properly paid.
Or sometimes even paid at all.

But we care about the principle of justice.

And we actually want what the current Govt has adopted as a slogan- a “criminal justice system that works for all”

We are united in wanting for example:-
-video-links that work,
-prisoners to arrive on time,
-competent interpreters to be booked,
and an opportunity to assess the evidence, and give proper advice , and get proper credit for pleading guilty without being rushed or bullied into pleading.

We want a level playing field, we want a fair hearing.

So there is understandably good unity when we campaign on those issues that we all agree on.

Unity against a common enemy

Lawyers individually and their Practitioner Groups are at their best when have a common cause or better still a common enemy.
When we don’t it all falls apart and we can get back to hating each other, like the PFJ vs the JPF.

The last time we had a very obvious common enemy, it was an easy target, an odious pig-headed individual who will be forever remembered as worst LC ever.
I probably don’t even need to say his name, but it rhymes with Failing.

Which brings me back to the Howard League lecture I attended last night. Much of Grayling’s bad work has been overturned or abandoned, but in the failing prison estate we are seeing the legacy of Grayling’s cuts and policies.
The shocking murder in Pentonville this week is the 6th murder in prison SO FAR THIS YEAR.
Grayling described the increase in deaths in custody as a “blip”
I invite you to pause for a moment and consider that continuing blip
In last 12 months, over 300 deaths in prison (up 30%)
Over 100 were prisoners taking their own life.
Over 10k self harm incidents
Over 20k assaults
And the prison population keeps rising, as the resources and staffing for the prisons diminishes.

And where are the prison lawyers?
Access to legal advice to prisoners was heavily curtailed by Grayling in September 2013. That reform has not overturned.
Where were we when prison law was being axed?

First they came for the immigration lawyers, but I didn’t speak out because I wasn’t an immigration lawyer.
Then they came for the prison lawyers, but….

Well you know how it goes.

But it’s not all doom and gloom.
Let’s look at and celebrate what we can achieve when we are united-starting with “two-tier”

Unity in Adversity (fighting the two-tier litigation)
In January we had “the victory”, and although there was much relief, there was only muted celebration.
For those who don’t know or don’t remember, TT was the controversial contract-tendering procedure which would restrict the number of law firms permitted to do duty legal work.
It was hatched by the MOJ and initiated by Chris Grayling, the previous Injustice Secretary. It was supported -encouraged even- by some firms in the “Big Firms Group”.
Accompanying this was a proposed 8.75% fee cut, the follow up to the first 8.75% cut we had already absorbed

Much time, energy – and money – had been expended on tortuously difficult tendering documents, much anxiety hanging on the results. Firms had closed or merged in anticipation of the outcome, or planned mergers. Solicitors changed firms- only some voluntarily.

It threatened to wreak havoc on a supplier base acknowledged to be fragile, and for comparatively modest savings.
This proposed enforced consolidation of the profession would have effectively forced many firms to merge or close.
This, despite an acknowledgement that over the last parliament annual spending on legal aid was reduced from £2.4bn to £1.6bn.

What went wrong?

TT was wrong in principle, but to add insult to injury it was ultimately botched in application.
Contracts were awarded, and a whistleblower revealed the marking had been carried out by unqualified temps from a recruitment agency.
So unsuccessful firms took legal action against the MOJ
They banded together in a consolidated group action.
And they were successful.
Unity.

Before the tendering process began, there was a JR in which we argued the whole scheme was irrational.
The LCCSA was proud to have fought that battle, together with CLSA and TLS.
We lost.
And it was expensive.
We campaigned and fundraised.
Many of you contributed – thank you.

Counsel’s fees from Admin set 11kbw totalled around £150k (which goes to show why we should practice admin law not crim law)
It wasn’t pro-Bono, and it wasn’t mates rates.
That meant, despite generous donations, we depleted our reserves and gave our committee sleepless nights. We were not indemnified against losses, we were personally liable.
So in our darkest hour, we had to fundraise and more importantly trust that people would renew their memberships just to survive.

So the fact that we have survived as an Association, with membership steady, is a victory for Unity.
Although you may be interested to know that when we asked 11KBW whether they would contribute or sponsor an LCCSA event, answer came there none.
Instead our sponsorship came from friends at the criminal bar who don’t command such eye-watering fees, small firms, and individual solicitors.
I thank you.
Unity!

Unity in Campaigning

On May 22nd 2013 the LCCSA organised our first demo outside Parliament which generated national coverage.
On the afternoon of the same day there was a national meeting attended by 1000 solicitors and barristers.
In June another demo was organised by solicitors outside the MOJ
In March 2014 there was a day of action, a withdrawal of services from courts, called in some quarters a “strike”.

We had “No Returns.”

We had a protocol where firms agreed to sign up no new legal aid cases. Only a small minority breached that, some reluctantly for vulnerable own clients only, and a few still took an opportunity to clean up or profit.
We learned solidarity, and began to trust each other.

But the truth is so far as funding is concerned, for years we have endured a slow death by a thousand cuts, a sustained attack, and only belatedly we learned to fight back.
We campaigned, protested, demonstrated, withdrew services, and went on strike.
We battled the most odious and incompetent of Lord Chancellors, the infamous Chris Grayling, once memorably described by Jerry Hayes as a “turd that couldn’t be flushed”.
Grayling didn’t like lawyers, and the feeling was mutual.
So, we rallied, we lobbied, we marched, we demonstrated.

And we learned Unity

Unity Undermined: “divide and rule”

But Grayling’s one great trick- and looking back it’s hard to believe any of us let him get away with this- was to divide and conquer.
He played barrister against solicitor.
At those rallies and actions I described we were shoulder to shoulder with the criminal bar led by Michael Turner QC.
But later, the MoJ met other representatives of the bar privately, and struck a “deal”.

Relations between leadership of the criminal bar and solicitors reached a low point. Like an old married couple, we were bickering.
We lost that unity, and we were the poorer for it.

I believe put those differences behind us.
We enjoyed a good relationship with Mark Fennells QC, and have confidence in his successor Francis Fitzgibbon QC.
We need to working constructively on proposals for AGFS and litigator fees to try and make sure we are all properly paid for the work we properly do.

It wasn’t just solicitor v bar.
A few years ago we also saw the creation of new self-appointed special interest groups, principally the so-called Big Firms Group.
Who are they?
I don’t really know.
They don’t have a website.
I don’t know if they have a constitution, or if their committee -if they have one-is elected or self-appointed. I do know you cannot join them as an individual solicitor, even if you are employed by one of the Big Firms who apparently constitute the membership of the group, which again is unclear. Perhaps they have a secret handshake.
So they are unaccountable.
Now it is right that two of the leading firms of the BFG- TV Edwards, and Tuckers-joined the strike (sorry I mean individual actions) of June 2015.
And I accept unequivocally the right of any individual or firm to organise themselves as they want, and to act in their own best interest, and competitively. But, if we fracture into competing interest groups, big vs small, owners v staff, employed v freelancer, we are not united.

We can learn from what happened when Grayling successfully sought to divide and rule.
The lesson of unity is a simple one.
United we stand, divided we fall.


Current Campaigns

There is always some horror lurking around the corner.
We are currently engaged in 6 consultations.
And we have put a lot of work and endured many meetings with the LAA, to try and improve the contents of the new LA contracts.
Just this week we forced the LAA to redraft the embarrassment clause.
What was that?
Remember how in North Korea they banned sarcasm?
Well LAA inserted a clause in contracts that bans any contracting party from doing any act that “might cause embarrassment.”
This was nothing short of a “gagging” clause, and I am glad to see the back of it.

Gove
We liked Michael Gove.
He left us alone.
He made positive noises on prison reform.
He overturned Grayling’s policies.
He abandoned two tier.
He postponed the second cut.
The one thing I wasn’t so keen on, was his ill-judged appointment of an “advisory” committee, headed by his chum Gary Bell QC.
Gary had some strong views on solicitor advocates, and these were recorded NOT in off-the-cuff  remarks but (here) in an interview in socitors magazine Law Society Gazette  :-
“The biggest threat to its existence”, he asserted, is not the two-tier system for solicitors’ contracts, but a situation that has existed for some time — the increasing use of solicitor higher court advocates (HCAs), who are insufficiently qualified and ‘not up to the job’.

HCAs, he rates, as ‘rubbish’.  “I’m sure they’re nice people and are nice to their children. I’m sure they do their best for their clients.

The majority of solicitor HCAs, he suggests, are ‘failed barristers – who either started at the bar, but never got pupillage or tenancy, and for good reason, or who did but then found that they couldn’t make a living because they were useless.

‘So they go and work for these solicitor’s firms as very low paid HCAs and because the solicitors have got the ear of the client they can always persuade the client that this absolutely crap person that they employ is the best person to conduct their case.

‘They are the best person from one perspective — it’ll optimise the earning capacity of the solicitor’s firm. And if that means that the client has to go to prison for a few years, that’s not really a problem for the solicitor – at least they can buy another Aston Martin.’

His anger is not directed towards HCAs themselves, but the firms that compel them to do higher court advocacy. ‘It means that venal solicitors will earn a lot more money. It’s greed; it’s avarice”

Mr Bell is one of the highest earners at the criminal bar, reportedly earning nearly £1/4million p.a. On his legal Aid work. How are you doing in comparison, you “venal” greedy solicitors?
He concluded his interview with this:-
‘If there are any solicitors that read this who employ HCAs, they can fuck off anyway, because they’re destroying both professions’.

UNITY? Perhaps we still have some way to go.

Bell then appointed his own committee, bypassing representative organisations, and sidelining solicitors.

I don’t knows what has happened to his committee or his report

But as for Gove, he got caught up with Brexiting, and ended up exiting.

Truss

Our new LC Liz Truss was a bit of an unknown quantity.
We knew she liked British cheese and pork markets
But will she sort out the mess of our prison estate?
What will she do about the second cut?
We are still waiting.
But perhaps no news is good news.

We have had enough of diktat and pronouncement by highly paid civil servants at the MOJ , and we have had enough of cuts.
We cannot take any more.
The sustainability of the justice system relies on proper preparation and presentation of cases.
We all play our parts- barristers and solicitors.

So to conclude:-
The LCCSA had virtually -and by necessity- re-invented ourselves as a campaigning organisation.
Thankfully, we have put the banners and t-shirts away, at least for now , and gone back to our core business- training events, representing criminal lawyers in London whether doing legal aid or not, and of course our famous social events.
But we are ready to resume action if forced to do so, and will do so if the Government tries to bring in that second cut, which will threaten not profitability but sustainability.

But all the representative bodies are only as strong as our membership.
We can only campaign, take legal action, put on events if our membership is strong and we are funded by the membership fees.
If you join, or retain a membership, we are stronger.
My plea to you is, if you are not already signed up, join your representative body (LCCSA, CLSA, CBA)
If you are a member already-thank you.
Thank you for your support.
We don’t want to do this without you, and tbh we can’t do it without you.
Join up, and we are united together, and we can achieve great things together that we cannot do on our own.
That is the true message of Unity.

And now, time to “unite” and join friends and colleagues in the pub.

With thanks to CLFS for a fantastic conference, and 25BR for sponsorship.

Cheers!
Greg Foxsmith
President, LCCSA

img_0126

img_0222

Mentoring in Islington – ” Bridging the Gap”

For several years, a small group in Islington called “Bridging the Gap” have been arranging mentoring partnerships in Islington. I am proud to be one of the trustees (Details of our trustees here: http://www.bridging-islington.org.uk/who-we-are/)

Last year we became a registered charity (see notes below)

And we have now formally launched our website! http://www.bridging-islington.org.uk/

Please check us out , and share news of what we do to interested parties.

Bridging the Gap Islington is looking for:-
-mentors (we provide the training)
-sponsors  (people, local businesses or companies interested in being a patron, sponsor or partner)
-volunteers (to help with fundraising)

-funding! We welcome contributions toward our work. (All our mentors and trustees are volunteers, but we have some admin costs and cover mentor’s travel costs) Donate via this link

I have been involved in many mentoring projects over the years, but I am really excited that at last in Islington we have a partnership that brings together people in need of help and guidance and those willing to provide it. Please spread the word!

Notes

1 Status and Administration
Bridging the Gap Islington (the Charity) was established 1st Dec 2012, and was constituted and registered as a charitable incorporated organization (CIO), no. 1162671 on 15th July 2015.

2 Objects
The objects of the Charity are: The prevention of crime and the rehabilitation of offenders by offering offenders, ex-offenders and people at risk of offending advice, guidance and support, including to address their needs and promote their integration into the wider law-abiding community, working together with other organisations with similar aims particularly but not exclusively by providing a voluntary mentoring service for people at risk of offending.

 

Pictured Below- BGI had an official launch party at our AGM on November 21st…

img_6180

PRESS RELEASE

Bridging the Gap -AGM, Launch Party and website launch

A. Introduction

1 Bridging the Gap Islington is an Islington based charity that provides a mentoring service by providing trained volunteer mentors, and linking them with people in need of help and support.

2 Bridging the Gap Islington first started in 2012 but re-constituted in 2015 as Charitable Incorporated organisation

3 Bridging the Gap Islington is a Membership organisation – because we believe that helping vulnerable people and people at risk of offending is a community responsibility. We welcome new members! To find out more and to join email Josie Osei at admin@bridging-islington.org.uk

B. AGM 21/11/2016

1 The accounts were approved, and we are pleased that we have a firm foundation for our work in the year ahead thanks to grants from:-
Awards for All – The Big Lottery Fund
Islington Community Chest and the Cripplegate Foundation
London Community Foundation and Comic Relief

2 The following were re-elected as trustees:-
Mick Holloway
Maddy Robinson
Jonathan Joels
Robin Latimer
Greg Foxsmith

Details of our trustees here http://www.bridging-islington.org.uk/who-we-are/

We welcome new trustees, and if you are interested in joining the Bridging the Gap steering group, please contact Robin Latimer – Robin@bridging-islington.org.uk

C. Launch Party!

1 Having gradually evolved over 4 years Bridging the Gap Islington is now established and viable.
At this year’s AGM, BGI finally had a formal “launch” to celebrate our successful mentoring projects.
A packed party at the launch party held in Islington Town Hall heard from volunteer mentors, and from Councillor Joe Calouri, exec member for crime and safety.

2 The website was also officially launched!
http://www.bridging-islington.org.uk/

D. Appeal

1 Bridging the Gap Islington is looking for:-
-mentors
-sponsors (in particular local businesses or companies that may want to be an official sponsor)
-a Patron
– volunteers to help with fundraising

If interested in any of the above please contact Robin Latimer at robin@bridging-islington.org.uk

2 We also welcome contributions toward our mentoring work! All our mentors and trustees are volunteers. Donate online through the donation page of our website here http://www.bridging-islington.org.uk/donate/ or contact Robin@bridging-islington.org.uk

E Quotes

1 Founding member and trustee Robin Latimer said  “Bridging the Gap Islington provides a unique opportunity for local people to help many people in our community who are excluded by a competitive and bureaucratic society. Anybody can benefit from talking about their plans and friendly encouragement to put plans into practice. As well as welcoming prospective mentors, we are also looking for ways to make contact with people who need help.”

2 Islington Councillor and Exec member Joe Calouri said  “It’s fantastic to have Bridging the Gap working in the Borough with some of our most vulnerable residents. Well trained mentors can provide the kind of trusted relationship that can help create real change for vulnerable people.”

3 Greg Foxsmith, trustee, and former councillor said “I have been involved in many mentoring projects over the years, but I am really excited that at last in Islington we have a partnership that brings together people in need of help and guidance and those willing to provide it”
F Notes

1 Status and Administration
Bridging the Gap Islington (the Charity) was established 1st Dec 2012, and was constituted and registered as a charitable incorporated organization (CIO), no. 1162671 on 15th July 2015.

2 Object

The objects of the Charity are: The prevention of crime and the rehabilitation of offenders by offering offenders, ex-offenders and people at risk of offending advice, guidance and support, including to address their needs and promote their integration into the wider law-abiding community, working together with other organisations with similar aims particularly but not exclusively by providing a voluntary mentoring service for people at risk of offending.

BRIDGING THE GAP ISLINGTON
Press Release 22/01/2016

 

Freelance Advocacy Services Awards-TOP 25 Solicitors of 2015!

In  2015 Freelance Advocacy Services launched a weekly news-email, “The Friday freelancer” (also published online in this blog, updated weekly) which included a feature “Lawyer of the week”

This page celebrates the recipients of the awards, and has been edited to the top 25 solicitors of that year, and provides a ‘where are they now’ update (as at November 2016) A list of my top lawyers of 2016 (so far) is published by Freelancer Advocacy Services HERE

The list below was in date order (Kate the first award of the year and Tim the last) and is therefore in reverse chronological rather than hierarchical order, all being top lawyers of equal merit!

These were my “LAWYERS OF THE YEAR 2015”:-

Tim Huestis  Tim represented my old client Ashley Walters with a new case. Tim, an outstanding lawyer who previously blogged about drug driving here, is at Shearman Bowen.

2016 update- Tim instructed me at the Crown Court and we ensured there was a NOT GUILTY verdict for the contested racially aggravated charge

Sean Caulfield and Hannah Britz Sean (criminal) and Hannah (housing) are both at HJA, and this week announced the birth of Molly Caulfield. Congratulations! 2016 Update- Sean was best man at the wedding of Ronnie and Aileen (see below)

Rakesh Bhasin   Rakesh is at Steel and Shamash, and has been on the LCCSA committee for two years. At the AGM in November he stepped up to take on the role of treasurer.2016 update-Rakesh was re-elected as treasurer at the LCCSA AGM

Tim Walker  Tim was LCCSA treasurer during difficult times- including through our JR actions against the MoJ Tim stands down at the AGM, and we thank him for great service. 2016 Update- Tim was appointed as a Recorder at the Crown Court. Congratulations!

Bill Waddington  Bill is director of Williamsons In York, and is approaching the end of his tenure as chair of the CLSA. He has tirelessly worked in supporting criminal solicitors, bringing the JR against the MoJ, speaking at events and demos and lobbying the Government. 2016 Update -Bill was elected LCCSA/CLSA rep on the law Society Criminal Committee

Charlotte Howarth Hird. Charlotte has an outstanding reputation for public law and civil liberties cases. She has been advising and assisting Carla whose son Imran lost his life in Belmarsh Prison, aged only 18. I previously wrote about about that here. The Inquest started on 12 October. Hopefully,  Carla will have some of her many questions about Imran’s death answered. 2016 Update- Charlotte and I supported Carla through the inquest following which there was a narrative note 

Steve Bird. Steve is my lawyer of the week, firstly for penning a demolition of the MoJ “offer” in response to the protest against Legal Aid cuts, and secondly for captaining the LCCSA “veterans” football team who have performed so well in the London Legal Aid league. Steve has his own firm BIRDS and is an outstanding lawyer and an Appeal specialist. 2016-Steve’s 5-a-side LCCSA team win the Legal Aid league!

Myles Jackman. Myles was featured in the Guardian, a revealing portrait of a lawyer in full-time campaign mode, with insight into Myles’ views, and the current laws on obscenity. It’s also a wonderfully well-written piece, with some lovely asides on the CJ system.

Paul Morgan. Paul is an outstanding Solicitor Advocate. Paul has been a steady source of encouragement and advice, and we had great fun co-defending recently. This week I had a difficult case for an old client that I needed someone to cover due to a fixture clash, and Paul is stepping in. Although regularly instructed by Birds, he is an independent freelance HCA, and a quality brief.

Paul Harris. Paul this week chalked up 25 years service at Edward Fail Bradshaw Waterson, where he is now Managing Partner. A stalwart supporter of the LCCSA and Legal Aid campaigner, Paul is also the solicitor representative on the CPR committee. Paul was also responsible for the “Tuesday Truth” blog. 2016 Update – Paul was awarded a “honorary lifetime membership” of the LCCSA in November 2015

Mark Troman, Mark is a solicitor advocate at Powell Spencer Partnership, and is a committee member on the LCCSA. 2016 Update – Mark is now Secretary of the LCCSA 

Nicola Hill is a great lawyer and and has a substantial regulatory and professional discipline practice at Kingsley Napley. She was last year’s president of the LCCSA.

Jon BlackJon, a founding partner of BSB solicitors, is currently the President of the LCCSA. He has shown leadership throughout a difficult term of office, notably during the JR action against MoJ. Jon is active on Twitter and other social media, and was as co-signatory to this letter in the Guardian .

Jenny Wiltshire

Jenny (Hickman Rose) is an outstanding lawyer (featured in Legal 500) and secretary of the LCCSA. 2016 Update- Jenny is now the LCCSA Vice President

Greg Stewart, Daniel Jones and Joel Bennathan
(authors of Criminal Appeal Handbook)
I am currently reviewing this book for the Advocate magazine. (Greg, as well as running GT Stewart, is also a fellow player in the LCCSA football team). 2016 Update – book review published in the Advocate here

Ed Grange and Rebecca Niblock
Ed and Rebecca are top extradition lawyers, and co-author of Extradition Law: A Practitioner’s Guide  (a new edition of which has just been published) and a fellow LCCSA committee members. Ed is with Corker Binning and Rebecca with Kingsley Napley.

Kate Nutter
Kate is a barrister, currently working at Shearman Bowen and Co, who was the organiser and inspiration for the joint SB/LCCSA team in the London Legal Walk. 2016 Update-Kate has commenced a pupillage–at 2 Bedford Row

Anna Thwaites
Anna is a solicitor specialising in civil liberties at HJA. I remember her as an outstanding trainee there in 2005. On Sunday she ran the London Marathon. She had barely recovered from running the Brighton Marathon! Update 2016 – Anna continues to specialise in contentious inquests and civil actions arising from protests. After the NYC Marathon in November 2015, she has decided to take a break from running!

Ben Holden

A partner at Shearman Bowen and Co, Ben Holden is a great lawyer, and one of the nicest people in the profession. Now he takes on a new challenge-fatherhood! Congratulation to Ben and Elys on the birth this week of a beautiful baby daughter! Posted April 2015

Ronnie Manek and Aideen McMahon

My joint lawyers of the week are Ronnie Manek and Aideen McMahon, both with GT Stewart solicitors, who have announced their engagement. Congratulations to you both! Originally posted 10 April 2015 Update 2016 -Ronnie and Aideen were married in Ireland, and I officiated as Registrant at their wedding in Ireland 

Arlene Mansoor

Arlene is a solicitor at Shearman Bowen, and a trial advocate. Last year for charity she climbed Ben Nevis and the Yorkshire “3 peaks”, as well as walking from London to Brighton. This year she has a new challenge – walking 100km to raise money for CRISIS. Posted 03/04/15 Update 2016 -this year Arlene and I worked together on a difficult case in Oxford Crown Court,during which I had to report some newspapers to the Attorney General for contempt of court when the complainant (a well known BBC journalist) gave a pre-trial interview in the Times… 

Pam Reddy.  On Friday 27th March Pam Reddy left HJA after 14 years, to join Simons Muirhead and Burton. Congratulations and good luck! Posted 27/03/15 2016 Update- In November 2015 Pam joined the LCCSA committee

Rhona Friedman

Rhona Friedman (Bindmans) is a great lawyer, and a founder member of the Justice Alliance.
Rhona came up the idea of “impeaching” the Justice Secretary and walked from Runnymede to Westminster to join the Magna Carta demonstration that she had helped organise outside the so-called “Great Legal Summit” at which Grayling was speaking. Rhona is on the LCCSA committee.

Ben Ticehurst

Congratulations and good luck to BEN TICEHURST who has been headhunted by EMM Legal
Ben and I worked together at HJA, and then at Shearman Bowen2016 Ben has now joined Rahman Ravelli

Kate Goold
(Bindmans) 
Kate is an outstanding criminal lawyer, and gave expert evidence to the Parliamentary Select Committee on the issue of police bail. She also represented Paul Gambiaccini  Posted 06/03/15 

img_0172

LCCSA Outgoing President Speech November 2016

Welcome to the LCCSA AGM!

President’s speech 07/11/16

I woke this morning to the exciting news on my radio that we are about to experience the most important Presidential election ever. They were saying that whatever the result the current outgoing President was highly regarded, and far more popular than a likely successor.
Imagine my disappointment on realising they were talking about tomorrow’s US Presidential election, and not this evening’s LCCSA AGM and election of our new President…

It has been a funny year-a new PM, a new Lord Chancellor, BCM and “Pressure to plead Hearings, Brexit, killer clowns, and Donald Trump.

But for me, It has been an amazing year and enormous privilege to be LCCSA President.
It was a bit daunting….
The President was meant to be the then VP, but with a WEEK TO GO he bailed out, and (in the absence of anyone else) I was parachuted in.
My immediate predecessor was Jon Black.
I had to prise the presidential medallion from him, chest hairs still attached. Now I feel the same sense of ownership of the Presidential medallion, which exerts a command like the ring over a Hobbit.

img_1777
Equally “precious” and hard to relinquish is the Presidential cigar box, although I am disappointed to say when my successor opens it, he will find only a note saying “sorry-I smoked all the cigars
The Constitution said the outgoing president has to stay on for a further year. Thank goodness! Jon’s hard work over the last year has been an enormous help. Thank you Jon (below,as Pres)

img_5637                              img_1751
I have also been hugely helped and supported by Jenny Wiltshire as VP, who stays on as VP for another year- thank you Jenny. (Pictured above, LCCSA Conference, Ghent)

First the sad news-
We are losing from the committee one of the key officers, loyal to the LCCSA and lovely to work with, and who took on the role of Law Reform Officer and reformed it.
There are innumerable consultations and reforms, too many for you to respond to, so this association does so on your behalf. When i say association, I mean….TONY

imageToast to Tony Meisels

The good news -we are retaining all of our co-opted senior statesman-Steve Bird, Ray Shaw, Malcolm Duxbury and Paul Harris, and joining them is Jon Black, who deals with the CLSA.
Last year we made Paul Harris an award of Honorary Life Membership.
This year we also feel compelled to reward onother of our former presidents an award, for staying on the committee and being supportive. Raymond Shaw
TOAST RAY SHAW
Rakesh Bhasin remains in post as our treasurer having kept us solvent, Mark Troman our secretary, Diana remains training officer.

And Congratulations members-tonight you have just elected a BRILLIANT COMMITTEE
And best of all we have as incoming president- Greg Powell.
Those of you who voted through the new constitution without reading it may not have realised the change that any future Pres has to be called Greg.
I don’t know whether Greg Stewart will be feeling pleased or anxious….

All of the committee bring their ideas and enthusiasm, many contribute significant amounts of time. I salute you all. (Pictured below, committee dinner, January 20160

img_4052Toast- the LCCSA committee

President.
I had very little time to prepare for the role.
It took a while to get used to the idea.
Mrs F, however quickly become adjusted to the idea of being a president’s wife. It basically meant extra work for her when I was absent on LCCSA business. There is no recognition or reward for being the wife of a President, but she took that on without complaint, has never been anything other than supportive, and, being grounded, has reigned in some of my crazier ideas.
Those of you who know her know she is brilliant, and those who know us both know that she really is my better half.
Now she realises that my Presidency is over and we can spend more time together, she may be the only person wishing I had stayed on for another year.
Toast-the ex-President’s wife

It seems like only yesterday I was starting my criminal career at EFBW.
Heavyweight lawyers, Nigel Dean (now DJ Dean) John Lafferty (now HHJ) and LCCSA legend Paul Harris
And Howard Riddle.
HR was senior partner when I started my articles.
He taught us several important lessons and gave extremely helpful Advocacy tips.
Of course, back then we practised in a fully adversarial justice system, much of which has been eroded and sacrificed on the bonfire of expedience and speedy summary hearings. I don’t know who to blame for that…
Anyway, as you know Howard became a stipendiary Magistrate, and ended up as the “Chief Magistrate”, and throughout has remained a member of and friend to this Association. I am delighted that he has agreed to be our guest speaker tonight, and welcome him and Hilary to our AGM Dinner.
Speaking of advocacy, last year I spoke of a report then just published which criticised the experiences of non-lawyer participants at the Crown Court, making reference to the alienation of seeing barristers swishing about in gowns and wigs.
i had a bit of fun with that, and tried on a series of wigs to see what difference they may make…

img_1778                 img_0188
When this came out, a spirited defence of wiggery was then made by some at the bar- “dignity of the court” and “providing anonymity”.
I was told the wig “protects the identity of the advocate”

Really?!

Not much of a disguise is it?!
Imagine cross examining on ID in a case where the alleged robber was concealed only by a horsehair wig with curls!

Why stop at a wig to avoid recognition?
Why not wear a full mask?
How about -to be really contemporary-a Donald Trump mask, or even a “killer clown”mask?

img_0170                                                    img_6122
Killer Clowns-scary but comical, a bit tragic. Come to think of it, very definition of Chris Grayling.

Alternatively, if a mask is going too far and we stick to a wig, how about something more contemporary-a Donald Trump wig perhaps?

I’m just teasing our friends at the bar.
We have many friends at the crim bar, and I have enjoyed working with the CBA. It is so important that the two sides of the profession are united in tackling our current challenges.

We have had in the last year great support from certain chambers, and particularly 25 Bedford Row, 5 St.Andrews Hil, and Doughty st.

We have worked with the Justice Alliance and the CLFS.

We also thank Thomson Reuters for sponsoring tonight. LCCSA members are eligible for discounted copies of Archbold.

Toast: Friends of the Association

Review of the last year:-

In January we defeated Grayling’s two tier proposals
I met the Lord Chief Justice (wearing a Christmas jumper)
We are engaged in a War on touts, and busy Ghost-busting.
We had a great Autumn Conference in Ghent.

image                                      image

We relaunched the London Advocate in digital format.

And, within the last month, we had an LCCSA victory on the “embarrassment clause” (forcing the LAA to rethink clause 2.2 aka the “gagging clause”. We were the only practitioner group named in the action that led to this, and can be rightly proud that we did not shy away from taking the fight directly to them.
(A full review of the year is in my President’s report, published on the LCCSA website)

Unfinished business
The postponed cut has not gone away-it was only postponed (to March)
We have to persuade the MoJ to abandon it, and we have to be ready to act if they do not.
And we will be ready.

We now have the measure of Liz Truss.
When our Senior Judges came under political and polemical attack, the lord Chancellor, whose oath of office is to support the independent Judiciary, has been found wanting.
Our association condemns the tabloid and political attacks on justice, and castigates the Secretary of State for Justice for her failure to swiftly support due process and the Rule of Law.

Well we have news for Liz Truss.
We are not gagged or trussed, and we will fight fearlessly for justice, for legal aid and for our member’s interests.

We are not the “Big Firms Group” or a small firms group, we are an accountable and united members group. You are the members. We are the LCCSA.

Conclusion
It has been a challenging but enjoyable year. have survived it only thanks to enormous help from a supportive and hard-working committee, whom I am proud to know as colleagues and happy to think of as friends.
Long live the Association

Members, thank you all for coming.
With your help and support the LCCSA has a strong future.
Final toast -the LCCSA

img_4104 img_1775

Above-current ID card.                                               Above -LCCSA ID card circa 1989

Criminal Law: new case on adjournments: Hottak v DPP

HOTTAK v DIRECTOR OF PUBLIC PROSECUTIONS (2016)

DC (Sharp LJ, Nicol J) 18/10/2016
A magistrates’ court had exercised its discretion reasonably in refusing to adjourn a trial, to exclude evidence, or to recuse itself, after an Achieving Best Evidence video had only been disclosed to the defendant on the day of the trial. The magistrates had taken steps to ensure that the defendant had time to consider the evidence, and they could be trusted to exclude from their deliberations any inadmissible material arising from the video.
The appellant appealed by way of case stated against several decisions taken by a magistrates’ court during his trial for common assault.

The appellant had been accused of assault in relation to a domestic altercation with his two sisters, who were aged 16 and 18. It was alleged that he had kicked the younger sister and pulled her hair, causing injuries, and bitten the older sister’s arm. They called the police and photos were taken of the injuries. The police conducted an Achieving Best Evidence (ABE) interview with the younger sister. Its contents were summarised and a summary provided to the appellant. The younger sister later withdrew her allegations. The ABE video was only made available on the first day of the trial. The appellant applied to adjourn the trial, and for the video to be excluded from evidence because it could contain impermissible material. The magistrates refused both applications. The video was shown to all parties and the court, and the appellant was given an additional two hours to prepare. In the video, the sister discussed the appellant’s violent conduct over several years. The prosecution had not submitted a bad character evidence application. The appellant submitted that the magistrates should recuse themselves as they had heard impermissible evidence, and that the trial should be adjourned so that he could respond to the video evidence. His applications were refused, with the magistrates holding that they would not take into account any impermissible material and would not adjourn, in particular because the sister, a vulnerable 16-year-old witness, was present and waiting to give evidence. A second trial day took place a few weeks later. The appellant did not give evidence. He was found guilty and given a suspended sentence. The case stated questions were whether the magistrates had exercised their discretion reasonably in refusing (1) to exclude the ABE video as evidence; (2) the first application to adjourn the trial; (3) the application to recuse themselves; (4) the second application to adjourn.

HELD: (1) The magistrates had correctly exercised their discretion in each instance. The appellant’s submissions did not come close to undermining the judges’ discretion. They had been entitled to reach the decisions taken. Although the appellant should have been given the ABE video before the hearing, the magistrates had been capable of accommodating that fact during the trial. They took steps to ensure no unfairness arose for the appellant. No prejudice had arisen from the admission of the ABE video.

(2) The refusal to adjourn was reasonable on the facts of the case: the substance of the ABE video had already been disclosed via the summary, so there were no surprises for the appellant or reasons for adjournment. The only point made at the time was that the sister had spoken quickly in the video and no transcript was available, but the court was unimpressed by the proposition that the appellant had been unable to prepare a straightforward case in the two hours allowed by the magistrates after the video had been played.

(3) The matters relevant for adjournment by a magistrates’ court were those in Crown Prosecution Service v Picton [2006] EWHC 1108 (Admin), (2006) 170 J.P. 567. The magistrates had been concerned about the sister, a vulnerable 16-year-old witness who was waiting to give evidence. They had considered both sides’ positions and had been entitled to decide that no adjournment was required, after properly considering all the factors, Picton applied.

(4) The argument that the magistrates should have recused themselves lacked merit. They could be trusted to decide the case on its merits and to exclude inadmissible material from consideration. Nothing in the ABE video was out of the ordinary. They had been entitled to proceed as they had done. Their decision was not unreasonable, and was correct on the facts.

Appeal dismissed
Counsel: For the appellant: Tom Dunn: For the respondent: Ben Lloyd

LTL 18/10/2016 EXTEMPORE
AC9402051

img_2111.jpg

Michael Foot Memorial (guest blog by Matt Foot)

Editor’s Intro:-

Michael Foot was born in Plymouth, Devon, and a Lord Mayor of Plymouth. He served as Labour MP for Plymouth Devonport from 1945-1955, and was Labour Party Leader 1980-1983.

A memorial, funded by public subscription and fundraising, was unveiled in Plymouth in August 2015.

The memorial was defaced with nazi graffiti in July 2016, following the Brexit vote.  A response to the graffiti  in chalk was later added by a local artist, quoting Michael Foot. Both original graffiti and response were removed by the local Council.

The blog below ( published 15/07) is a response by Michael Foot’s great-nephew, solicitor Matt Foot. A version was later reprinted (with permission) by the Plymouth Evening Herald here.

GUEST BLOG BY MATT FOOT 

We are here to provide for all those who are weaker and hungrier’ 

My first thought when I saw that my Great Uncle Michael’s Memorial had been daubed with fascist graffiti was for Michael’s niece Alison Highet. She was the driving force to ensure the Memorial came to being, only to see it abused with a swastika. 

When Thatcher died the state (us that is) paid £3.2 million for her funeral, but no money was proffered for Michael. Fittingly, a campaign obtained funding for this Memorial in Freedom Fields opposite the house where he was born. It recognises Michael alongside his unique contribution to his beloved Plymouth, whose constituents he served, and then supported all his life, including becoming an honorary member of its football team at the age of 90. 

It is a special place for our family to remember him.

The response to the racist graffiti has been tremendous, with widespread disdain in the community, press and social media. Especially so the contribution of a local artist who used chalk to draw one of Michael’s famous quotes in front of the memorial,

“We are here to provide for all those who are weaker and hungrier, more battered and crippled than ourselves. That is our only certain good and great purpose – Michael Foot, 1983.”

Thank you to the sympathiser who sent me the marvellous poem ‘V’ by Tony Harrison, written after he found his parents gravestone defaced. Michael would have approved – he never missed an opportunity to inspire others to read literature and poetry. 

The Memorial also celebrates Michael the peace activist, and no doubt in the week of the Chilcot Inquiry, he would be insisting we reread Tony Harrison’s “A Cold Calling” written in 1991 during the First Gulf war but which would make a fitting forward to the Inquiry:-

I saw the charred Iraqi lean towards me from bomb-blasted screen, 

his windscreen wiper like a pen ready to write down thoughts for men,

his windscreen wiper like a quill he’s reaching for to make his will. 

I saw the charred Iraqi lean like someone made of Plasticine

as though he’d stopped to ask the way and this is what I heard him say: 

“Don’t be afraid I’ve picked on you for this exclusive interview.

Isn’t it your sort of poet’s task to find words for this frightening mask? 

If that gadget that you’ve got records words from such scorched vocal cords,

press RECORD before some dog devours me mid-monologue.” 

So I held the shaking microphone closer to the crumbling bone:

“I read the news of three wise men who left their sperm in nitrogen, 

three foes of ours, three wise Marines with sample flasks and magazines,

three wise soldiers from Seattle who banked their sperm before the battle.

 

Below: Visiting Michael Memorial Freedom Fields Plymouth, summer of 2015.


 

Notes

 Matt Foot is a solicitor with Birnberg Peirce in London.
Both author Matt Foot, and blog editor Greg Foxsmith, are also fans of Plymouth Argyle (as was Michael Foot)