Author Archives: Greg Foxsmith

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Lammy Review-We must NOT be silent

Colour-blind justice? – the long-awaited review by David Lammy MP on race and the criminal justice system released in September concluded that the system discriminates against black, Asian and minority ethnic people.

We already knew that. The disproportionality in outcome between different ethnic groups has been known of and remarked on for as long as I can remember. Nothing meaningful has been done.

Young black people are nine times more likely to be locked up in England and Wales than their white peers, The report delivers some recommendations on how to fix this, some better than others. (See this Summary in the Law Soc Gazette)

The report also noted  that because black defendants distrust the system, they tend to plead not guilty in court – disqualifying themselves from the reduced sentences that can come with an early guilty plea. Lammy calls for deferred prosecutions where suspects can have charges dropped by completing rehabilitation; basing criminal responsibility on a suspect’s maturity rather than age; and wiping the slate clean earlier for young offenders who rehabilitate, so they can get on with finding employment. Lammy, writing in the Guardian, calls for urgent action to implement his recommendations which require political support and legislative action.

But what can lawyers do within the system to combat the ongoing systemic imbalance? The discrimination which underlies these stark statistics is institutionalised, but covert, and as it is never openly expressed remains unchallenged.
We all know what the problem is, but what  are we going to do about it?

Usually, the answer do the question “what do we do” is “nothing”.
We need new answers.

There is already a “trust deficit”. To win back trust, we need to deserve that trust. #WeMustNotStaySilent

We have to talk about Discrimination. Prejudice. Racism.

We have to challenge the Police about their charging decisions.

We need to raise the issue of sentencing disparity in Court. The  Magistrates need to hear it, and our clients need to hear it.

We have become complicit in an unfair Justice system.

To stay silent is no longer good enough.

There was an event for Lawyers to discuss his report on 2 October 2017 at Kings College which David Lammy attended and I chaired. (Panel: Sir Anthony Hooper, DPP Policy Advisor Sara Carnegie, Sandra Paul of KN, Courtney Griffiths QC of 25 Bedford Row and Judy Khan QC of Garden Court)

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A review of the event is here or you can watch a video of  whole thing here

The Lammy Review equips us with the evidence and the stats to challenge injustice, particularly prevalent in the Youth Court.

When appearing in the Youth or Magistrates Court representing a young black defendant, dare we say to the bench in our closing submissions “my client is worried that statistically he is more likely to be convicted, and when convicted sentenced higher, than his white contemporary”? 

Traditionally we would not raise that directly, for fear that we may be thought to be accusing the bench of bias. It is time to stop being afraid.

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Freelance Advocacy Services: News and Advocacy Availability

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Greg Foxsmith COURT AVAILABILITY   I am in Manchester this week, thereafter available – see www.freelanceadvocacyservices.uk).Book via gregfoxsmith@msn.com  

NEWS

Grayling still Failing. Chris Grayling wants the UK to grow its own food after Brexit – start planning your cabbage patches now- update on the worst Lord Chancellor ever in this must-read article here. (Sample: “what Grayling said a couple of days ago was every inch as imbecilic as we have learned to expect from his time as the wilfully ignorant, insouciantly callous Justice Secretary who took a sledgehammer to the legal aid and prison systems”

He was also at the new hybrid train service launched which was overcrowded late and wet, and then had a dismal performance before the Transport select committee, both delightfully caricatured here.

Sentencing Young Adults. New guidelines needed! Support the Campaign by Howard League, summarised in Russel Webster’s  Blog

LAWYERS MET LAMMY  Updated blog here. Video footage of the event here

14 hours New discussions with practitioner groups hosted by the Law Society have commenced to see what consensus there is before seeking a meeting with the LAA. The LCCSA are attending, and will reflect member’s views following our member survey. We have set our our views here . There will be a variety of viewpoints-the CLSA President has said that many solicitors support 14 hours but are afraid to speak out in support.

The “Big Firms Group” are also attending, and I am unable to say who their members are or whether they were consulted. I am unable to say more about the discussions as participants have been sworn to secrecy. But I do intend to speak about the 14 hour issue during my address to the CLFS conference next Friday (see below)

LCCSA– I have attended my last committee meeting after serving for 5 years (including as President last year). It has been a privilege, and I hope to remain an active member. I would encourage anyone not already a member to join. Why not join the committee? The AGM dinner is next month and open to all members. See you there?

Archbold or Blackstones -the “Game of Tomes”  My twitter poll and the LCCSA survey showed a marginal practitioner preference (55%) for Blackstones, as reported in the Gazette and the Times.

CLFS Don’t miss the Criminal Law Friendly Society Autumn conference in London on 27th October. Only £75 for a day of law updates and training (trainees go free) Myself and LCCSA President Greg Powell are speaking on “Unity” and “challenges ahead”

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Bike Last month I cycled from London to Paris to raise money for Great Ormond St. Please sponsor me here!

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Lawyer of the Month (October) -Charlotte Watts

Charlotte was the inspiration for and organiser of the event “the Lammy Review- a conversation”.  An outstanding advocate and tenacious fighter for justice, Charlotte is counsel at 2 Hare Court.

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

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New Lord Chancellor David Lidington

On 11 June 2017 PM Theresa May in a post-election re-shuffle appointed David Lidington as Secretary of State for Justice and Lord Chancellor. He replaces Liz Truss,  who had herself been appointed by May in a post-election re-shuffle less than a year before.

Lidington is the fourth consecutive non-lawyer appointment- his predecessors were Liz Truss, Michael  Gove and Grayling (widely regarded as the worst Lord Chancellor ever).  Dominic Raab (courts and justice minister) Phillip Lee and Sam Gyimah ( junior ministers) complete the team.

This blog aims to monitor Lidington’s performance over his term of office.

Background

David Roy Lidington CBE PC (born 30 June 1956) has been MP for Aylesbury since 1992. He was Minister of State for Europe from May 2010 to July 2016, and Leader of the House of Commons.

He was educated at a public school, before studying history at Cambridge (appearing on University Challenge)

He was given a CBE in Cameron’s widely criticised resignation honours list.

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Expenses scandal In May 2009, it was revealed Lidington had claimed £1,300 on expenses for dry cleaning. He also claimed for toothpaste, shower gel, body spray, vitamin supplements and a second home allowance. He repaid the claims for toiletries, saying: “I accept that many people would see them as over-generous.”  So although he eventually came clean you paid for his soap 

Record in Parliament pre-appointment  (Justice issues)

Lidington voted in favour of repealing the Human Rights Act,  restricting the scope of legal aid and limiting fees paid to solicitors in no-win no-fee cases. The “they-work-for-you” website says Lidington generally voted against equal gay rights, and his record on cutting legal aid is here.

Challenges Ahead

The new Lord Chancellor was sworn in on 19 June.  In the in-tray? Read anopen letter to Lord Chancellor from Joshua Rozenberg

Sort out the prison crisis! read these recommendations from the Howard League

His first official pronouncement, following the Grenfell tragedy, was on availability of legal aid in housing cases- and he got it wrong (see here)

There was then a period of calm, in a political period dominated by Brexit, we heard very little from or about the Lord Chancellor until the Party Conference in October when there were apparently conciliatory noises on LASPO reform

 

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Lord Chancellor Liz Truss-a Review of her Term of Office

On 14th July 2016 incoming Prime Minister Theresa May  appointed Liz Truss as the new Secretary of State for Justice (also known as Lord Chancellor).

She lasted less than a year, being demoted by May on 11th June in the re-shuffle that followed the “mandate” election.

Truss took over from Michael Gove,  sacked for his disloyalty and failed leadership bid rather than his performance in post (Gove had replaced the hopeless and reviled Chris Grayling, widely believed to have been the worst Lord Chancellor in living memory)

Truss was the third consecutive non-lawyer to be appointed to the post. Did  that matter? Read the Secret Barrister blog.

This blog reviews Truss’  time in office.

Background-Pre-Justice Secretary

Truss was previously at DEFRA, and perhaps best known for her widely ridiculed Conservative Party conference speech about French cheese and British Pork (footage enjoyed on this clip from Have I Got News For You )  This was followed another much ridiculed Conference speech (October 2015) when she called for a return to “giving animals their proper names”

She co-authored a book (“Brittania unchained“) which accused British workers of laziness :”The British are among the worst idlers in the world. We work among the lowest hours, we retire early and our productivity is poor. Whereas Indian children aspire to be doctors or businessmen, the British are more interested in football and pop music.

Critics who have attempted to engage with her, (according to George Monbiot in The Guardian) have said she is “indissolubly wedded to a set of theories about how the world should be, that are impervious to argument, facts or experience.”

Background

Born: 26 July 1975, in Paisley, Renfrewshire
Constituency: MP for South West Norfolk since 2010
University: read PPE at Merton
Before politics: 10 years as a management accountant, economics director at Cable & Wireless; deputy director of Reform (education think tank)

Truss and Criminal Justice (pre-appointment)

Truss was a member of the Justice Select Committee between March 2011 and November 2012, but apparently only ever spoke about justice issues three times in parliament,one of which was to strongly support cutting the legal aid budget.

On Home Affairs she consistently voted for a stricter asylum system and stronger enforcement of immigration rules; for the introduction of Police & Crime Commissioners, and for requiring the mass retention of information about communications.  She spoke several times during the committee stages of LASPO (transcripts here)

Comments and initial reaction on her Appointment 

There was initially mixed disappointment and scepticism from legal aid lawyers, largely due to Truss’ record of continuously voting for Legal Aid cuts.  Her priority should have been to sort out and protect Legal Aid, said the All-Party Parliamentary Group on Legal Aid, as reported here in the Solicitors Journal. Concerns were also raised about her views on prisons (eg here in the Justice Gap, July 2016)

Lord Faulks,  justice minister under her two predecessors, resigned his post because he felt that the inexperience of Truss  could  put at risk the standing of the judiciary and courts.  Anna Soubry QC turned down post of No. 2 to Truss (according to this piece in Legal Cheek)

Much of the commentary focussed on Truss’ gender, and her being supposedly the first female Lord Chancellor, but critics of Truss denied misogyny ( eg Lord Falconer here in the Guardian)

Lord Pannick pointed out that contrary to some reports she is not the first female Lord Chancellor – that was Eleanor of Provence, who filled in for her husband Henry III in 1253.  He added that at the time “there was probably a 13th-Century Lord Falconer complaining Eleanor hadn’t been trained as a lawyer”.  

The CLSA released a statement welcoming her appointment.

Peter Oborne writing for the Mail on Sunday had this observation:-

I greatly enjoyed seeing Ms Liz Truss, the new Lord Chancellor, in her majestic Tudor-style robes of office, redolent of old England, tradition and deference.

It is amusing to recall Ms Truss’s radical anti-Monarchy speech to the Liberal Democrat conference in 1994 (she was once on the national executive committee of that party’s youth and student wing) when she proclaimed: ‘We do not believe people are born to rule.’ Her target was the Queen. 

She found out soon afterwards that Oxford graduates in Philosophy, Politics and Economics, such as herself, are indeed born to rule, and it doesn’t much matter which party they are in.  I’m sure she’ll enjoy the many conversations with Her Majesty she’ll now have, thanks to her new high office”

First days in post

The Annual HM Inspector Of Prisons report was published (19 July) and once again showed a prison service in crisis- violent, over-crowded and full of drugs with few opportunities of rehabilitation. Truss response below:-



On 21st July Truss got to dress up in black and gold robes, and was sworn-in as Lord Chancellor. The ceremony can be viewed on this YouTube clip.

 

 

First Three  Months

After a long  pause to master the brief, Truss gave her first interviews and indicated she was planning to introduce a Bill of Rights. No such bill was introduced.  It was initially unclear whether we would be keeping or scrapping the Human Rights Act.

Truss also indicated the Government would not be proceeding with “Problem Solving Courts” (previously announced by Gove) although it was later clarified she actually meant they were still considering them, and a week later confirmed the Government were in fact proceeding with them.

After a Summer break, Truss attended a meeting of the Justice select Committee, (07 September) where to the astonishment of all those attending or following, she could not confirm any planned legislation, merely saying everything was under review (Guardian report here ) Private Eye was also unimpressed:

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On 03 October Truss was all trussed up again in robes, together with a “train bearer”,  to attend her first “Opening of the Legal Year” service. Her speech here.

On 04 October Truss gave her first Conference speech as Lord Chancellor. It was a more assured performance than the infamous “cheese speech” (see above) but failed to mention Legal Aid or Access to Justice. She spoke of prison reform, announcing £14 million additional investment (although it turned out this was funding already announced by Gove). She did not acknowledge the then topical high suicide rate in prisons, but promised that “ex-soldiers” would be recruited as prison officers.  The rest of the speech was a series of platitudes. In. Very. Short. Sentences. Text  here.  Quentin Letts’ summary “How could so jellyfish and unformed a political personality have been made lord chancellor? I have known ping-pong  bats less wooden, CBeebies presenters more statesmanlike.”

November-Failure to Defend the Judiciary

On 03 November, the High Court ruled in the case of Miller that Brexit via article 50 should require a vote in Parliament. In an outpouring of outrage in the tabloids there was open hostility to the judges who were described on one front page as “enemies of the people” The LC, whose oath of office is to uphold and defend the Independence of the Judiciary, would be expected to speak up in defence of the rule of law. Instead, for a long period, silence. #WheresLizTruss?  was trending on twitter. Read more here. Then, belatedly a half-hearted statement as reported here.  Criticism continued to grow, with an attack by some Tory MPs, as well as lawyers (see this summary as reported in the Guardian)

Truss later managed a half-apology, but the criticism never really died away and (in March 2017) the Lord Chief Justice piled in  here.

Prisons Crisis

The effects of the drastic cuts implemented by Grayling led to a crisis which continued to escalate during Truss’ term of  office. There was an escalation of assaults on prison staff, suicide and self-harm of prisoners,  a “strike” by officers, violence, drugs, escapes and riots. How did Truss cope? Poorly is the general consensus – see eg here

PI Reform

Truss achieved better headlines for her “crack-down” on whiplash claims. But these “reforms” , badged as reducing insurance premiums supposedly over-inflated by dodgy claims and the “compensation culture” will in fact not help consumers, but harm those suffering genuine injury, and offer a bumper pay-out for insurance companies. See this article for the detail.

Six months In 

In December Truss appeared in the Commons to announce that “barking dogs” would tackle the problem of drones being used to courier drug deliveries. Seriously. Read this article and play the clip where Truss announces this (to laughter). Could they? See the Guardian Pass Notes

Happy Christmas!

Liz Truss extended a special message to hedgehogs. Happy Christmas hedgehogs!

2017

Februaryslammed by lawyers following another “car-crash” TV Interview

First bill  (23 February 2017) – the Prisons and Courts Bill (2017)  covering four main areas:-

1 Prison safety and reform –  described as a “new framework and clear system of accountability for prisons”  It will “enshrine into law ” that a key purpose of prison is to reform and rehabilitate
2 Court reform: -another commitment to victims and the most vulnerable, as well as improving the system by digitisation. (But see here for critical commentary)
3 The judiciary – a better working environment for judges,  modern court facilities + better IT
4 Whiplash compensation – new fixed tariffs capping whiplash compensation pay-outs

The bill has not yet been enacted.

April By April, Truss appeared out of her depth, and reports indicated she does not have the confidence of the Judiciary OR cabinet colleagues.

See this  summary of her tenure, by Frances Crook (Howard League) . Meanwhile, with the election called, pundits predicted she would not last a full year -see eg this Legal Cheek piece by Joshua Rosenberg They were right.

May-June and the General Election Truss was largely absent for most of the General election campaign. But she did visit Wibsey! 

Goodbye Truss, hello David Lidington 

So Truss has left the full cabinet by being demoted to first secretary to the treasury, replaced by David Lidington. Lidington is the 3rd new lord chancellor in little more than two years. It used to be a job that the recipient would fulfil for a decade. He is also the fourth consecutive non-lawyer to have held the post. Read more about Lidington here.

Conclusion

If Truss had showed even half the enthusiasm for justice that she has for cheese, she could have really made her mark in an area crying out for reform. As it is, Truss lasted just 11 months in the job, the shortest tenure since the post was created, and has now been demoted.

Truss was not the worst Lord Chancellor in recent time (Grayling set a high standard  for that) but she fell far short of what was required. She never appeared to be on top of her brief, abjectly failed to tackle the prison crisis, failed to stand up for the Judiciary, and does not appear to have a solitary positive achievement she can point to from her term of office. 

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London Legal Walk 2017

Monday 22 May  was the London  Legal Walk – with over 8,000 lawyers walking 10k to raise money for London Legal Support Trust.
The LLST  is an independent charity that raises funds for free legal advice services in London and the South East.
I entered as part of the Bullivant Law team- and we all finished!

Please sponsor the team! Our fundraising link is here:-http://uk.virginmoneygiving.com/team/BullivantLaw2017

Thank you!

Check out my walking playlist here

Below- at the start with Judge Rinder

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Below-a well earned drink at the finish

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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

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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…

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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 

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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.

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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)

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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…

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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?

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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.

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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

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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