Category Archives: Law

Hillsborough Inquest – a lawyer’s perspective (guest blog by Anna Morris)

Dedicated to the memory of the 96 victims of the Hillsborough Stadium disaster who died on 15 April 1989.

On 26th April 2016, I hugged two of my clients with elation after a jury of 6 women and 3 men set the record straight after 27 years about what happened at Hillsborough stadium on 15 April 1989. Moments later, they looked at each other and said, without missing a beat, “so, what do we do tomorrow?” They hadn’t dared to believe there could be a day when they would not have to fight for justice, to fight to clear the name of their loved one. This had been a life-defining fight for a generation of children, wives, parents and siblings of those 96 men, women, boys and girls.

The jury’s conclusions finally saw their families achieve something they recognise as justice. Much has rightly been reported about their tenacity, commitment and patience. But I want to say something about their humanity.

The families have endured the longest jury case in English legal history. 319 days of witnesses, evidence and submissions. For many of the families, attending Birchwood business park had become a full time job. Employers who asked, “haven’t you got over it yet?” had to be negotiated with, child-care had to be arranged, health problems had to be managed, life continued to be put on hold. But when they could be there, they were there. Sitting, listening. Waiting.

At the start of the process, many approached with caution after decades of being let down again and again by lawyers, judges and politicians. They had no reason to trust us, their lawyers but as they sat there in our conferences, polite but knotted tense with questions and anger, their thoughts were never just of themselves; “who will look after the jury?” “What about the survivors, who speaks for them?” “How do I find the man who helped our brother, I want to thank him?” We could only tell them, “we will try and get these answers for you. We hope we can”.

Most of the families had an encyclopedic knowledge of the papers disclosed as part of the Hillsborough Independent Panel. As their lawyers we had to be able to call up documents at the click of a finger to answer the broad and complex questions that troubled them. More than one set piece of witness examination conducted by our team of advocates was centered on a document recalled through the mists of time by one of our clients, tracked down in the 250,000 plus pages of disclosed material. In fact, one of my clients, when she presented 10 neatly typed pages of devastatingly precise and searching questions to Operation Resolve, the Coroner’s Investigation team, was (with only a hint of humour) offered a job as an investigator. We all had to be at our best. No one wanted to let these families down.

But on many occasions, it was our clients looking after us, using their 27 years of pain to help us navigate our way through the sea of changing emotions. From flasks of pea-whack soup served from the boot of a car, to cups of tea in their homes, we were shown such warmth and respect that it was truly humbling. I took great strength from one client who, when I asked her how she kept going through all the lies being told about her brother, about him being a drunken hooligan who caused his own death, she simply smiled broadly and answered, “eyes and teeth, eyes and teeth”. I have repeated that mantra many times since that day.

During the inquest I was the mother to one young boy and pregnant with a second. I was representing the family of boys who were 15 and 19 when they died and I was incredibly moved by the loss of so many young boys’ lives. I couldn’t imagine them just not coming home one day. One client, on the morning of her young son’s inquest, presented me with a bag full of hand knitted baby clothes specially made for my son. It absolutely floored me that this woman could even think about anyone else in the circumstances, let alone extend such deep kindness. I have a drawer full of beautiful blankets and clothes, made by those strong women of Liverpool. Nothing could make me prouder.

When my youngest son finally made his first trip to Birchwood, he was passed from mother to mother, bounced on knees and fussed over as if he was one of their own. It only struck me later, like a tidal wave, that I had been swapping teething, sleeping and feeding stories about children who would never grow old.

There are many small moments that made the Hillsborough Inquests more than just an inquiry into the circumstances into how 96 people died that day. Moments that might have started in the court room but resonated far wider. The pen portraits that painted the real pictures of 96 cherished loved ones who attended a football match and never came home with humour and dignity. The vigorous handshake in the corridor between a father and the off-duty Metropolitan Police Officer who pulled his son from the pen, the damp-eyed slap on the back for the fellow fan that carried someone’s brother on a stretcher and wished he could have done more. The sympathetic words for colleagues who also lost loved ones during the months of the inquests. The jurors who when discharged when court concluded that final time, were each hugged by the families, each thanked for their commitment. The families in their grace never left anyone un-thanked. I hope that those witnesses, relieved of their burden after 27 years were the lighter for it.

Every day of the inquest we shared tea and tears with those who traveled to that grey box on a business park. On the some of the most difficult days of evidence, the families would always be able to find a joke, a smile and a hug for each other. Willing each other on. Someone was always in charge of making sure there was milk for tea and the biscuit tin was always full.

They are the best in all of us. It could have been any of us in their shoes whose brother, father, sister or son went to that match. They have defied the state’s attempt to define them by gender, geography, class or type. We can all aspire to their dignity and strength. It has been a privilege to walk with them on a small part of their journey.

No one can now deny the success and the power of the families’ campaign for justice all these years. They are the reason that 96 verdicts of ‘accidental death’ were quashed. It is their demands that ensured the truth has now been heard. We should never be in doubt that this is the reason why families should be at the heart of the inquest system.

Anna Morris, May 2016


NOTES/LINKS

Hillsborough Independent Report: http://hillsborough.independent.gov.uk (disclosed materials and report)

Inquest Charity: http://www.inquest.org.uk/

Michael Mansfield: “Hillsborough families were my rock ” (Liverpool Echo)

A full if harrowing account of the evidence, the inquest and the outcome reported in the Guardian here.

Why the police “apology” was neither sincere or believable explained by Mark George QC. 

Call for a rebalance of the justice system and equality of arms at Inquest hearings (reported here in the Guardian May 2016)

Another Hillsborough Lawyer, Elkan Abrahamson, interviewed here in the Liverpool Echo.

And don’t miss this survivor’s account by Adrian Tempany. Powerful and moving.

About the author

Anna Morris is a barrister at Garden Court chambers. Anna’s practice focuses on criminal justice and civil liberties and encompasses criminal defence and appellate advice, inquests into deaths in custody, civil actions against the police and public law. A human rights specialist, Anna has extensive experience of successfully representing clients whose cases challenge public policy and promote civil liberties. Read full profile on Chambers website here.

Chris Grayling- the worst Lord Chancellor in history

Who is Chris Grayling?

Born on April Fools Day, Christopher Grayling MP (Conservative MP for Epsom) was the Justice Secretary and Lord Chancellor from October 2012 to May 2015.  He was the first non-lawyer to have served in that post.

This blog reviews Grayling’s tenure in office as Lord Chancellor.

Introduction and Overview

Overview  here (my TV interview about Grayling, Legal Aid and Magna Carta, via YouTube)

Joshua Rozenberg assessed Grayling’s likely legacy In the Law Society Gazette here (March 2015)

Grayling “just didn’t get it” – article in Gazette here  (November 2015)

Top ten things about which Grayling was wrong and why (Mirror, Nov 14)

Why “Failing Grayling” illustrates the worst aspects of Cameron’sGovernment  (by Nick Cohen in the Spectator, Dec 2014)
2014 review of a year in the life of Christopher Grayling (with links) as reported in the “Tuesday Truth” blog.

EXPENSES (pre-appointment)

Chris Grayling as an MP and certainly as Lord Chancellor purported to want to cut public expenditure. However, when it comes to his own public expenditure, Chris likes to get as much of it as he can. The extent of his guzzling was chronicled in the Telegraph expenses scandal  here (as shadow home secretary h3 claimed thousands of pounds to renovate a flat in central London – bought with a mortgage funded at taxpayers’ expense, even though his constituency home is less than 17 miles from the House of Commons)

Chris neeed a good secretary, so the taxpayer forked out for him to have a secretary (at an eye-watering 40k pa) . Luckily, someone was available for the job- no need to advertise! The ideal candidate? Step forward Mr Graylings wife- susan!

Years later, how Grayling get away with it, and whether he did in fact refund some of the money as he publicly pledged , remain shrouded in mystery (as explained by Ian Dunt in this article, Jan 2017)

Grayling and cuts to criminal legal aid

Grayling had supported, despite overwhelming opposition in the preceding “consultation, a new model for payment of criminal league aid solicitors known as Price Competitive Tendering, which was so flawed even the Mail on Sunday criticised it ( enjoy this  Downfall parody video with Grayling stabbed in back by MoS ) Legal Aid had already been cut to the bone, before Grayling set to work with cuts to all areas of legal aid.

Criminal Lawyers even went on “strike” (January 2014) Grayling did not back down, the LCCSA took legal action, and a year later (under Grayling’s successor) the Government caved in and the scheme was abandoned.

Government guidance in relation to the granting of legal aid for immigration cases was found to be unlawful (Dec 2014)

Meanwhile as more defendants were appearing unrepresented, even Magistrates started commenting on the “threat to Justice”   (full story and my quote in The Independent here) (January 2015) and more detail here (via the Bureau of Investigative Jouralism)

Grayling attracted criticism even on Tory blog  “Conservative Home”- see this demolition of Grayling’s Legal Aid Cuts (“damaging and unfair”,  Feb 2015)

Grayling and cuts to other areas of legal aid

The supposed “safety net” introduced for exceptional cases was revealed in this article  to be a failure (Daily Mirror 28/12/15)

Grayling repeatedly claimed that Legal Aid in the UK is “the most expensive in the World” -an inacuracy also repeated by the MoJ but demolished here

His LASPO Residency test was overturned in July 2016 (see here)

PRISONS CRISIS

Guardian article on rising suicide figures exposing prison crisis, and subsequent letters.

The Independent reports on Grayling callous indifference to rising suicide rate

An insider account of the “Highdown 11” (prison protesters against prison cuts all acquitted)

Lord Ramsbotham speaks out against Grayling over the prison suicide crisis.

Grayling makes Chief Prison Inspector reapply for his job.

Grayling dismisses huge increase in prison suicides as a “blip“.

Grayling’s legacy will be to have left prisons in a worse state than he found them.

After cancelling an effective rehabilitation course, Grayling was described as an “incompetent, short-sighted recidivist” (The Guardian, April 2015)

Grayling was criticised in a parting shot from the outgoing Prison Inspector here (the Indy, Jan 2016)
Prisoner Book Ban

Grayling’s book ban, and and the Howard League’s response

Authors use Chris Grayling as villain in response to the book ban.

“Strange and absurd” -Court Judgement on Grayling and the book ban.

Picture: demo against book ban outside Pentonville prison:


Having lost on his prison- book-ban, Grayling delays implementation and is described as “stealing Christmas“.

A short Video of the book ban demo outside Pentonville prison, March 2014

Grayling and Human Rights

The sad truth is, Grayling doesn’t actually understand Human Rights, and even the Daily Mail had to correct him- see this article.

Grayling’s views on workfare and making employees work for free here (New Statesman 2012)

GRAYLING AND THE MOJ
Man wrongly imprisoned for 17 years persued for costs by MOJ

Under Grayling’s tenure, there were record levels of absenteeism as MoJ staff were sick with stress and mental health issues (as reported here)

Grayling gets MOJ “flogging expertise to Saudi floggers” -selling legal services to Saudi Arabia and other repressive regimes. (As set out by David Hencke, Jan 2015)

The MOJ “deal” with the Saudi regime represents a clear conflict of intetest as set out by Jack of Kent in his informative argument. Gove has done his best to extricate the MOJ from Grayling’s toxic legacy -update here.

The commercial arm also managed to make a £1million loss! Detail here
Grayling and Magna Carta

BACKGROUND:- this website has info about Magna Carta, it’s historical significance then and now, why we should celebrate it and how the Government has hypocritically hijacked the anniversary.

Nothing but lip-service, is all we can expect from this Lord Chancellor

Grayling is a hypocrite with his MOJ event to commemorate Magna Carta (argues Peter Oborne) – don’t jump on the bandwagon!

Robin Murray spells out the hypocrisy and called for a boycott of Grayling’s Magna Carta event.

More here on why principled lawyers would not attend.

Frank Magennis in the Justice Gap described this as an unfolding of British Justice (published Feb 2015)

In the 800th anniversary of Magna Carts (see below) a RELAY FOR RIGHTS saw demonstrators walk from Runnymede to Westminster to protest against Christopher Grayling and his preposterous, hypocritical “Great” Legal Summit. This led to a public Impeachment for the man masquerading as Lord Chancellor.
See also this article on Grayling and Magna Carta in the New Statesman (Feb 2015) by Anthony Barnett.

Grayling and the Probation Service

Grayling was accused of no less than murdering the probation service

Grayling’s privatisation has led to job losses and failure (article in the Independent December 2015)

Grayling’s failings revealed Probation reforms deemed a costly disaster by NAO in this scathing report (2019)

Grayling and Judicial Review

JR bill falls apart after grayling admits misleading Commons

The Lord Chancellor lost yet another judicial review in October. This time it was over his decision to make mesothelioma sufferers pay up to 25 per cent of their compensation for legal and insurance costs should they win their case. Giving his judgment in the High Court, Mr Justice Williams said: “No reasonable Lord Chancellor faced with the duty imposed on him by section 48 of the Act would have considered that the exercise in fact carried out fulfilled that duty. This is not a case in which the procedural failure was minor or technical in nature.”

Grayling in his own words

in this article we find out what Grayling thinks , with critical analysis.

Grayling as Lord Chancellor

Former Tory MP, barrister and blogger Jerry Hayes described Grayling as “a shit that has to be flushed after the election”

Matthew Norman, writing in the Independent, (Jan 2015) asks “what in Sanity’s name is Chris Grayling doing in the job of Lord Chancellor?”

Minutes of Grayling’s appearance as Lord Chancellor before the Justice Select Committee here. Note the admission to Jeremy Corbyn that cuts are “ideological” (Q200)

Grayling on Twitter
You can find out more about Mr Grayling by searching #FailingGrayling

Musical Grayling

Check out the chris Grayling playlist

Freedom of Information

Naturally Grayling is not a fan (source:Guido)

Lord Chancellor Grayling In Retrospect

Has there ever been a more incompetent minister than Grayling? Answer in this article in Huffington Post

Unfavourable comparison with his successor here in the Spectator.

Lord Pannick described Grayling’s performance as “notable only for his attempts to restrict judicial reviews and human rights, his failure to protect the judiciary against criticism from his colleagues and the reduction of legal aid to a bare minimum.”

Grayling Brexit

After the May 2015 election, Grayling let it be known that he would be very happy to stay on as Lord Chancellor. He was promptly demoted by Cameron to “Leader of the House”. The New Statesman asked “Is Grayling the most incometent Minister?” (article December 2015) “It’s often said that all political careers end in failure, it just seems that Grayling’s seems to be failing before it has ended…”

For many months we heard nothing about Grayling. Then it emerged he had been granted permission to campaign in favour of Britain leaving the EU in the forthcoming referendum, and he became a self appointed leader of Brexit. Grayling’s support for “out” caused celebrations in the “in ” camp, as Grayling (a “sheep in sheep’s clothing”) proved that he has “yet to discover an argument he has consciously been on the right side of” (read the full sketch by John Crace 14/01/16) However, as we now know, the Country did vote to Brexit, although few have cited Grayling and his support as having been an influential factor in that.

One of his first speeches in the cause showed his “humorous side” as described in this article 50 shades of Grayling (Political sketch by Patrick Kidd, Times, January 2016)

Post MOJ: Grayling as Leader of the House

We didn’t hear much of or about Grayling after his demotion from Lord Chancellor, other than his legacy being unravelled and overturned by his successor, and his Brexit campaign (above). However, never one to be on the right side of an argument, he  sought to with-hold details of MPs dodgey expenses and arrests (as outlined here in the Daily Mirror (Feb 2016)

From Jail to Rail: Grayling as Transport Secretary

Grayling was appointed transport secretary in Theresa May’s new cabinet (July 2016)

Two weeks later there were 16 hour delays in traffic jams leading to Dover…

He combined his newfound interest in Brexiting and Transport with an important intervention in Public Life-railway platforms. Mr Grayling is however wrong even about the Brexit dividend to station platforms as explained here

Meanwhile, as controversy mounts over heathrow expansion and HS2, Chris struggles to find any relief for the long-suffering commuters reliant on failing Southern Rail. He is then “offered a new job by a Village without an idiot”, according the satirical website NewsThump here

in December 2016 there are calls for his resignation even from Tory MPs (see this BBC News item)

In 2017 Grayling supported Heathrow expansion, and Monarch Airways went bust.

In October 2017 Grayling attending the launch of the new hybrid train between Bristol and London. A service that not only arrived into Paddington 45 minutes late after the train broke down while switching from diesel to electricity, but whose air conditioning had failed, drenching dozens of passengers with water.

As for Brexit, he says that everything will be fine because “British farmers will grow more”, a comment so facile it is beautifully eviscerated in this must-read demolition of Grayling’s ignorance  which describes him as “the wilfully ignorant, insouciantly callous former Justice Secretary who took a sledgehammer to the legal aid and prison systems” (independent)

He also appeared before the Transport Select Committee, in a shambolic performance that was beautifully captured in this sketch  (worth reading in full- concludes with “while there was a refreshing honesty to his incompetence, there really didn’t seem to be any part of his brief that Grayling fully grasped. He was dangerously deluded about what had gone on on his watch and complacent about the here and now

Grayling’s short tenure as Conservative party chair

On 08 January 2018 in Theresa May’s botched cabinet re-shuffle, Conservative HQ tweeted congratulations to Grayling on a post that he had not in fact been given, as described here https://www.standard.co.uk/news/politics/chris-grayling-named-as-new-tory-party-chairman-in-now-deleted-tweet-in-cabinet-reshuffle-blunder-a3734531.html

That it took nearly half a minute to realise the mistake was a surprise: most people don’t need nearly that much time to work out that Grayling is invariably the wrong person for any job.

More transport shambles

Grayling was trending again on twitter (and not in a good way) in June 2018 after ongoing train cancellations and timetable shambles. Chris was supposed to meet MPs but had to cancel some meetings after he didn’t timetable them properly (I’m not making this up) and then gave a statement in the house where he said that those responsible should resign.

“It’s completely unacceptable to have someone operationally in control and not taking responsibility,” Failing Grayling declared hysterically. At that moment, satire died. (Full sketch by John Grace here, and here is a further extract: If you were writing a new series of The Thick of It, you’d hesitate to create a character like Chris Grayling for fear no one would believe in him. Even in the current cabinet, a confederacy of dunces where the sole qualifications for membership are being a bit dim and entirely incompetent, the transport secretary is a class apart.

To say that Failing Grayling has more than his fair share of bad days is a category error. Because that implies he has the occasional good one. He doesn’t. Every day is a desperate, losing struggle against the chaos caused by his own hopelessness. But even for a man who has turned his failure into a monumental work of performance art, Monday hit a new low. Or, as Grayling might see it, a total triumph. The moment he formally achieved the coveted status of the idiot’s idiot.

The Times has this to say

Chris Grayling used the publicly owned French railway as an example of how bad a UK nationalised railway would be…yet we pay the French rail to run private UK services and UK fares can be 4x more expensive for similar journeys.

KICKING OFF for the Hundred Families Charity (Guest blog by Len Hodkin)

The 2nd floor at the Central Criminal Court will forever have a special place in my heart and for those of you who know me, no, I am not referring to the café. It is home to a unique group of people, who in my opinion, are more important, more significant than any Judge, prosecutor or defence counsel who attends the Old Bailey. You will have all seen them. They are there every day and they go about their business quietly and largely unnoticed but the court could not operate without them.

I refer to Linda Harlow and her amazing team of volunteers from the Witness Service. These unsung heroes support not only the victim’s families but prosecution and defence witnesses alike in addition to children and vulnerable witnesses.

 I had heard of the Witness Service and had some dealings with them across the various Courts I had attended across London but was largely ignorant as to what they actually did. I thought it was simply a case of escorting a witness to and from the Court to give evidence. How wrong I was.

 In 2012 my family and I spent four and a half weeks at the Old Bailey for trial of the woman who killed my mum Sally. It is not an experience I would ever wish to repeat yet strangely enough, I do look back upon those four and a half weeks with immense fondness. I witnessed first hand the volunteers from the Witness Service at work. I saw them share the burden of victims and witnesses grief and trauma. I saw them offer comfort and support to those in their darkest hour. A service all delivered with a smile and an unwavering passion for what they do. A service very much undervalued and overlooked by many but most importantly a service which is free. A Safe Haven.

 It was a privilege to see these amazing folk at work. My family and I cannot thank them enough for how we were treated and looked after and we are no different to the hundreds of families, witnesses and children who come through the doors at the Old Bailey each year.

 Each year since my mum’s death we have held a memorial football match at Welling United Football Club. Read media coverage of last year’s event HERE) To date we have raised over 35k for charitable causes. In 2013 we donated a substantial amount to the Witness Service along with the family of Elouise Littlewood to help renovate the witness rooms at the Old Bailey. Now the waiting area and rooms are almost unrecognisable to those that were there in 2012. 

   

  
  

 

However, the job is not quite finished…

 This years Charity game will be held at Welling United on 7 May with a 3pm kick off. We are raising money for the Witness Service at the Old Bailey and a Charity called Hundred Families of which I am a Trustee.

 Hundred families: http://www.hundredfamilies.org/

 Hundred Families is a small charity that receives no Government funding. We provide practical support, information, and advocacy services throughout Britain for families who have lost loved ones as a result of killings by people with mental illness. We work with the Criminal Justice System and the Health Service to secure meaningful improvements for victims’ families and the way in which they are treated. We provide research, training and evidence based resources to mental health professionals and policy makers to try and prevent such killings from happening in future. This year we produced a Practical Guide for families after mental health homicide. This guide is available to download free from our website or free in hard copy upon request.

 If anyone would like to come along to the Football match on Saturday 7 May 2016 please feel free. Everyone is welcome and it is a good family day out. There is also a raffle held after the game. If anyone would like to advertise in the programme, buy raffle tickets or simply make a donation please contact me at len@hundredfamilies.org or you can donate by text. For example to buy 5 raffle tickets just text HUND43 £5 to 70070just text HUND43 £5 to 70070 

To donate to the Witness Service or ensure your donation is made available specifically for the benefit of witnesses and bereaved families at the Central Criminal Court please

• make a cheque payable to Citizens Advice and send it to:

Citizens Advice Witness Service, Central Criminal Court,  Old Bailey ,  London EC4M 7EH

Send the cheque with a covering letter stating you wish the donation to be allocated specifically for use by the Witness Service at the Central criminal Court, the Old Bailey and the funds will then be allocated for their use only.

Finally, next time you are at the Old Bailey and you find yourself on the 2nd floor about to go into the café spare a thought for the amazing unsung heroes right next door.
Len Hodkin  Len Hodkin is a solicitor at GT Stewart Solicitors, and Trustee for Hundred Families Charity.

In Memory of Sally Hodkin

Sally Hodkin worked as the accounts manager for a solicitors practice in Blackheath. She was wife to Paul Hodkin for 38 years, Mum to two sons Len and Ian, and a loving grandmother.

  
 

 

 

 

 

 

Hatton Garden Burglary Sentence

Six defendants were yesterday sentenced at Woolwich Crown Court for offences arising from the “Hatton Garden Raid”.

The majority were sentenced to six years imprisonment for Conspiracy to Commit Burglary.

 In my capacity as current President of the London Criminal Courts Sentencing Association I was invited on the LBC Nick Ferrari show to explain how those sentences may have arisen. I make it clear I was not defending any of the defendants, and my knowledge of the case and the sentence is based purely on the press reporting.

Firstly, although described in some reports as “the Hatton Garden robbery”, the offence committed was not a robbery (which in simple terms is theft accompanied by violence or threat of violence) which carries a maximum sentence of life imprisonment.

The raid here was a burglary, ie entering premises as trespassers, and stealing property. In fact, the defendants were charged with conspiracy to burgle , in other words agreeing to take part in the burglary. This suggests equal culpability for each conspirator, regardless of their actual role within the operation. The maximum sentence and sentencing range for conspiring to commit an offence is the same as for committing the actual offence, in other words there is no advantage in sentencing terms to pleading guilty to a conspiracy rather than the burglary.

Some have commented on the apparent leniency of the sentences, but in my opinion the Sentencing Judge got the sentence exactly right.

If the offence were aggravated burglary, eg if violence had been used, the maximum sentence would have been life imprisonment. This was not an aggravated burglary.

If the offence were a domestic burglary (it was not) the maximum sentence would have been 14 years, the law quite properly recognising the invasion of someone’s home is more reprehensible than commercial premises. 

The maximum penalty for “non-domestic” burglary, as in this case, is ten years.

And that is pretty much what the defendants received, allowing for a reduction for sentence of about a third for pleading guilty. (Credit for guilty pleas to avoid unnecessary trials apply in any case for any offence, and the maximum “discount” of up to a third applies for pleas at the early stages of a case, not delayed until the start of trial)

In conclusion, a sentence of seven years is understandable and justifiable within the framework of the current sentencing structure. The Judge would have taken into account any aggravating features (in particular the high value) and any mitigating circumstances (including age or infirmity), but the exceptional circumstances and particularly the high value of goods taken in this case took it outside the Sentencing Guidelines for burglary.

Postscript 

Although I had not seen them when interviewed on the radio, the Judges sentencing remarks were published Here.

It seems that most of the media reporting the sentence chose to ignore this! 

Highbury Court Advice Centre-One Year On!

A Local court-based advice and support service celebrated its first year at Highbury Magistrates Court this month.
North London advice and support service, Community Advice based at Highbury Magistrates Court has been providing practical help and access to long term support to those who attend court.

  
Based inside the court, the service in its first year has helped over 600 people from Islington, Haringey, Camden and Enfield. It has assisted court users with accessing long-term support services such as alcohol treatment, housing, mental health services or providing immediate help with practical issues such as outstanding fines and benefit claims.

The service is aimed especially at those who are not eligible for probation support due to the level of their offences such as theft, vandalism, drunk and disorderly conduct, but appear in court again and again absorbing a considerable amount of the criminal justice system’s resources.

A paid coordinator and a team of volunteers at the service help identify and tackle the underlying problems that contribute to people’s offending such as housing needs, debt issues, and drug and alcohol misuse.

The service has made hundreds of referrals into wider community services ensuring those who come to court can continue to receive the support they need once they leave the building. In its first year, the clients attended three quarters of all the referrals made for them and two-thirds reported their issues had been resolved six months on.

Set up by the Centre for Justice Innovation, the service is supported by local magistrates and court service and is delivered by Islington Citizens Advice. For more info, check out this short film!

Joanne Thomas, Innovative Practice Manager at the Centre for Justice Innovation said: “Community Advice is an invaluable resource as it is addressing significant unmet needs of people who are coming to court. There are early, positive signs that it is helping people who would have had no other recourse to resolve their issues.” (See also this blog by Joanne)

Notes

• The Centre for Justice Innovation is a UK justice research and development charity. It works to build a justice system that holds people accountable, that is fair and feels fair, and which seeks to address the problems of those people who come into contact with it. It is an initiative of the Center for Court Innovation, based in New York.

• A reception event to mark the anniversary was held on March 9th in Islington Town Hall. My contribution:-

Anyone practicing in criminal law is aware that the vast majority of defendants have any one (or more) of a number of complex issues or difficult challenges , which often underpin or contribute to their offending, but which the Criminal Justice System does not address. These issues can include mental health issues, drug addiction, homelessness, welfare benefit issues, domestic violence, exploitation, pressure by gang members, unemployment, depression, and more. 

In some cases limited help provided comes from the probation service, but gone are the days when there was a probation “service” whose role was to “befriend the prisoner” and instead we have a fragmented, part-privatised, underfunded system whose main purpose is to punish, and, where there is a subsidiary component of help, it comes with sanctions for “non-compliance”. 

Leaving the offender to seek their own help, we have also seen a steady diminution of help and advice services , both Centrally and by Local Authorities, and a particularly brutal reduction in services since LASPO.

Solicitors cannot plug this gap-as a result of year on year Legal Aid cuts we barely have time to take meaningful instructions on cases to present a proper defence for a desirory fixed fee within an adverserial system. In earlier years a High Street Practice would offer a holistic service, with solicitors advising on employment law, benefits advice etc, now that rearely exists.

About 10 years ago I began mentoring ex-offenders, which I continue to do, and I have been amazed at the paucity of mentoring available compared to the potential demand, and the willingness of people to give up their time. My mentoring campaign led, accidentally, into politics, and indeed into this Town Hall where I was an elected Councillor from 2006-2014.

I never managed to establish an Islington mentoring service, but I have at least now seen the birth of an Islington mentoring project, BRIDGING THE GAP ISLINGTON.

Mentoring, which is time-intensive, essentially is signposting or referring clients to the right experts who can provide help with specific issues. “If only”, I sometimes mused, “there was a service where the people needing help and the volunteers who can provide it could be gathered together in one place”. It was no more than a pipe-dream.

So now I turn to the Highbury Court Advice Service.  The service that shows me that dreams can come true!

I was aware there was some kind of pilot project in Plymouth, (my home City!)

I was aware of the excellent work of the Centre for Justice Innovation.

And I was very aware of Highbury Corner Magistrates , my Local Court.

But never would I have believed that somehow these threads would be drawn together to create this outstanding service.

The first time I saw it in action, I spotted somebody gliding across the waiting area, friendly, welcoming, introducing themselves to clients. Naturally I thought it was one of the infamous solicitor-touts that proliferate at Highbury Court, trying to poach clients from other solicitors (fighting for scraps at the beggars banquet)

You cannot imagine my delight when I realised that instead this was a volunteer from the Advice Service, offering help and advice. On subsequent visits I introduced myself to the team, and gradually met more of the volunteers. I referred my clients to them. I visited the CJI for a seminar. I blogged about the Service. I am, in short, unambiguously a fan.

I tell everybody I can about this Service, and was glad to see Mr Gove visited. I hope he was impressed.

So well done, and thank you to the visionaries who developed the concept, the volunteers who deliver and all those who support it.

And I ask of you all one thing, support this scheme, and shout about this service from the roof-tops.

We need to ensure that it survives, and that it is rolled out across London and hopefully Nationally.

I look forward to the 10 year anniversary celebration! 

  

(A version of this speech appears on the CJI website here)

A Re-Appraisal of the Law on “Joint Enterprise” (guest blog by Greg Stewart)

This blog by Greg Stewart, criminal appeal specialist and head of GT Stewart solicitors, assesses the new Joint Enterprise landscape following the long-awaited Supreme Court Judgment in R v JOGEE

Introduction

Criminal lawyers have gone from an aridly dry January (1) to fabulous, celebratory wet February – even for such a well soaked profession. How often does our highest court declare that we have all been getting the law seriously wrong for over 30 years?! Even less often I would say than Government Ministers suddenly reverse their views on whistle blowers and protests from criminal defence lawyers. (2)

Of course the Supreme Court have sought to make it clear that the clarification made to the common law by R v Jogee and Rudduck v The Queen [2016] UKSC 8 & 7 is not “unprecedented”– it’s just that you, me, the bar including umpteen queen’s counsel, and the senior judiciary had been looking at the wrong precedents for more than three decades, or more accurately, overlooking the right ones. 

Indeed, a cynical jurist may just smell a political strain that is not unrelated to what is happening in other areas of criminal justice – we have a Justice “Ministry” (with all the evangelical zeal that implies)  that now lambasts it’s own civil servants for the failings of the prison system, allows the restocking of prison libraries and generally enlisting the values of the New Testament in place of the Old. In doing so there is belated recognition that over those 30 years the prison population has doubled. The proportion of young people incarcerated in this Country, despite recent reversals, remains scandalously high.

This judgment will go a long way to stopping the interminable waste of young people – disproportionately black – rotting in detention centres and prisons for year after year well beyond condign punishment or meaningful rehabilitation.

Joint Enterprise Law- a pre-Jogee history

For those of you who have not had a chance to study the judgement, the Supreme Court reviewed the evolution of the common law principles of joint enterprise (or common purpose) from the 19th century. It noted about then there was an important clarification away from the belief that it was sufficient that the conduct of the principal was a probable consequence of the common purpose, it had to be part of the common purpose. This identified the fundamental distinction: whilst a probable consequence was always going to be an important consideration for a jury when deciding what the common purpose of the defendants was, it was not sufficient on its own to fix criminal liability. The judgment highlights the important (but until now overlooked) line of authority from:-

R v Collison (1831) 4 Car & P 565 – an accomplice of an apple thief who attacked the landowner’s watchman with a bludgeon would only be guilty if that was part of the common purpose should resistance be encountered; 

R v Skeet (1866) 4 F & F 931 – poachers routinely carry weapons and it is necessary to find a common design or intention, beyond poaching, to kill or cause grievous bodily harm for homicide; 

R v Spraggett [1960] Crim LR 840 – a burglar’s conviction for the killing by his co-accomplice was not safe where the trial judge wrongly directed that a common intention to commit a burglary was the same as a common intention to commit violence;

 R V Reid [1976] 62 Cr App R 109 – the appellant was correctly convicted of manslaughter – not murder – when he attended the home of an army colonel in the early hours of the morning with others who were carrying weapons including firearms as the common purpose was clearly to cause harm even though he did not intend death or grievous bodily harm (though he might have been said to foresee it).

 However, in Chang Wing-Siu [1985] AC 168 the Privy Council extended the doctrine beyond this – three appellants had gone to the flat of a prostitute to rob her husband carrying knives which were in fact used to slash her and kill him. They complained about a direction at trial that they would be guilty if they contemplated a knife might be used with intent to commit serious bodily harm. They said the level of contemplation had to be more than 50%. The PC rightly rejected that argument but then went on to create a new form of “parasitic accessory liability” where “it turns on contemplation or, putting the same idea in other words, authorization, which may be express but is more usually implied. It meets the case of a crime foreseen as a possible incident of the common unlawful enterprise. The criminal liability lies in participating in the venture with that foresight”.

 This novel development was confirmed by the House of Lords in R v Powell & English [1999] 1 AC 1 where Lord Hutton recognised the logical anomaly it created in that the principal who merely foresaw a possibility would not meet the mens rea of murder but the person who had not actually killed would. However, there were strong policy reasons in the area of criminal conduct for holding that to be the case. Lord Steyn agreed whilst Lord Mustill also did with more unease. In English’s case his appeal was successful as the knife produced by his co-accused was “fundamentally different” from the wooden post he had used in the joint attack on the police officer.

The Jogee Judgment

The Supreme Court acknowledged that the courts could make the doctrine more severe but only with caution especially for a secondary party. Five reasons swayed them: (1) they had the benefit of a much fuller analysis of important case law; (2) the common law is not working well in practice: (3) it is an important doctrine that has taken a wrong turn; (4) foresight is no more than evidence of intent and (5) it is not right that the liability of a secondary party is set lower than the principal. [paras 80-84]. From now on what matters is whether the accessory encouraged or assisted the crime committed by the principal. “Fundamental departure” is no longer a useful part of the doctrine but merely a consideration of what was foreseeable when weighing up evidential considerations.

Of course, the Supreme Court reminded us that a change in the law does not provide an automatic ground of appeal. And even where it can be argued that the doctrine was misapplied the Court of Appeal will only grant leave to appeal out of time if the applicant can demonstrate a “substantial injustice”. However, given the disparity between a determinate sentence for manslaughter and the mandatory sentence for murder that should not be an insurmountable obstacle – though it may result in a re-trial rather than an acquittal.          

 What stopped this injustice in the end was the relentless pushing of the lawyers. My client, 16 years old, of good character and 200 yards from the stabbing was refused a certified question by the Court of Appeal three years ago and after 18 months of waiting also denied admissibility by the European Court, so hats off to those who got there. But it would not have happened but for the irresistible weight of a liberal consensus that this was wrong. That consensus had built over the past 5 years thanks to interests groups. These were mainly the parents of young people serving life sentences. They found support from campaigners concerned with youth justice (JENGA and JFK being the most prominent) but it included many journalists (one being Melanie McFadyean at the Bureau of Investigative Journalism) and the media (Fran Robertson – who made Guilty by Association). Whilst there has been an important Law Commission report in 2007, it would have gathered dust, like most, but for the campaigning. That led to parliamentary engagement. In 2011 a Parliamentary Justice Committee started to take evidence from a wide spectrum of those involved including the victims’ families – and it was often the victims (or near victims) in the witness box and the “winning” group in the dock. A consensus grew that joint enterprise as applied to the accessories to a crime and especially murder, was a lottery which had to stop. (3) The lottery had many outlets. It often started with a wide prosecutorial discretion: what an individual lawyer considered foreseeable? Of course across the country different cultures developed and these would determine who got a ticket for this lottery or who got offered a public order charge or was not prosecuted at all. Once in court it depended on the discretion of the lawyers on both sides to advise defendants and victims to accept pleas or proceed with uncertain outcomes. Ultimately the judge was then left to tip toe through labyrinthine jury directions. Finally the burden on juries was huge – as was the consequences for those in the dock. Ultimately, it took our most senior lawyers to admit we had been getting it wrong (or had “taken a wrong turn”as they delicately put it)  In fact, it had been a devastating lurch to the right in the criminal law. It’s always political.

Who would have foreseen all this during the depressing days of January?!

Blog by Greg Stewart of GT Stewart, February 2016   

  
Editor’s Notes

1 Civil Rights Editor endured dry January to raise money for cancer relief and can be sponsored here!

2 The celebrations by criminal legal aid lawyers throughout February arose from this statement by Lord Chancellor Michael Gove, over-turning the disastrous, unfair contract tendering scheme introduced by his appallingly inept and hated predecessor Chris Grayling. Leading  law firm GT Stewart were one of the firms  taking legal action against the MoJ over the botched procurement, and welcomed the climbdown.

3 There were numerous calls for reform by lawyers for years (see eg this recent blog by Ronnie Manek)

Duty Solicitors Unite-don’t break the link! Guest Blog by Bev Hockley

Introduction by Greg Foxsmith

Criminal Legal Aid Lawyers of certain experience can apply to become duty solicitors. 

Duty Solicitors can represent people needing legal advice in criminal courts who have not instructed their own solicitors, and do so in rotation via a published rota administered via the Legal Aid Authority. 

The scheme was devised to provide solicitors for clients, not clients for solicitors, but in recent years the rotas became overloaded with providers, many of whom were not actually representing clients, but allowing their slots to be covered by others (sometimes for remuneration). These non-attendees have become known as “ghosts.”

The MoJ and LAA will soon be considering how to allocate duty “slots” when the new rotas are published, and how to tackle ghosts. 

In this blog freelance solicitor Bev Hockley says what she thinks  about long -standing proposals by the  “Big Firms Group*”   to “break the link”  between duty solicitors and the slots allocated to them on the duty rotas. (This proposal would mean that duty slots are allocated not to solicitors, but in blocks to firms.) The following is her answer:-

Ghosts’ have flourished in plain sight as named Duty Solicitors on rotas for years. 

 ‘Breaking the link’ by replacing Duty Solicitors slots in firms names will only serve to perpetuate this problem by providing ‘Ghosts’ with additional protection from detection.

 We have successfully challenged the implementation of Contracting Duty Solicitor work by asserting it would drive down the quality of fundamental front line services at the police station and magistrates court.

 ‘Breaking the link’ would rapidly evaporate this achievement and facilitate every ambition the Contracting proposals set out to accomplish. 

 The prestige of PIN numbers would become meaningless. 

 Every firm would have the tempting opportunity to replace highly experienced DS, employees and consultants alike, with inexperienced bargain-basement representation.

 The provision of quality services can only be preserved by maintaining the link between named and appointed DS on rotas.

 For those representing the profession in current crucial post Contract negotiations, the last bastion of guardianship must be to protect this link with the same tenacity which defeated the ill-fated Contracting proposals. 

Postscript

Keeping the link is important to all duty solicitors, not just freelancers! Solicitors in London who want to contribute to the debate should consider joining the LCCSA, a representative body with a democratically elected committee. In addition, Freelancers may want to attend a meeting for Freelance Solicitors at the Queens Head in Kings Cross on Monday 15th February at 6pm, or contact Theresa Hendrickx by texting  07949243949 for more information on the Freelancers Association mailing list. 

Bev Hockley, 12/02/2016

Bev Hockey trained at Hickman and Rose and has represented clients both as an employee and consultant at the police station and magistrate’s court for nearly 20 years. Bev is currently a consultant with Edward Fail Bradshaw and Waterson

Don’t break the chain



* The Big Firms Group” (or BFG) is an unelected body set up to represent the interests of “big firms” with a Criminal Legal Aid contract. There has been a doubt for some time as to whether they are a unified body and who exactly they speak for. It may only be a small number of firms with other firms historically under the BFG umbrella not wholly in support of recent positions. However, what is clear is that spokespeople for the BFG lobbied the MoJ in support of consolidation (and were supporters of the disastrous “two-tier” contracting) and appear to still be recognised as a “representative body” by the MoJ, despite apparently having no clear mandate or constitution. 

Community Advice Offer extended to More Courts

Guest blog by Joanne Thomas  (see author note below)

Introduction: “People in Court sometimes need more advice than just legal advice

Many of the people who come through magistrates’ court commit low-level offences and go on to commit them again and again without the underlying causes being tackled. Typically, the seriousness of offences means they receive fines or conditional discharges and therefore no support from statutory agencies. But very often they end up returning to court – 40% of fines go unpaid and a third of people receiving a conditional discharge reoffend within a year.

The South West model

In South West England, action is taken to stop this revolving door via CASS (http://cassplus.org/). CASS is a service that has been running for almost ten years and provides support to people coming to court in Plymouth, Truro and Bodmin. It is open to anyone – defendants, but also victims, witnesses and family members. There are very few limits on the kind of help that the service will provide. While there are some mainstays – namely drug and alcohol treatment referrals, information about community mental health care, practical support with debts or benefits – CASS has helped clients across with a huge range of issues. See our recent evaluation of this service here

The Community Advice Service at Highbury

Inspired by this work, we at the Centre for Justice Innovation worked with partners from the North London Local Justice Area over 18 months to see whether we could set up something similar at Highbury Corner Magistrates’ Court. The result is the Community Advice service, which has been delivered by RCJ Advice Bureau (http://www.rcjadvice.org.uk/) from the court since January 2015. Attending court can be confusing and intimidating, so the service works to identify those in need of immediate help, engaging the majority through proactive targeting in court rooms and public areas, as well as receiving referrals from solicitors, court staff and probation. The people seen present with a range of difficulties, with the most common being housing, benefits and debt, and mental health.  

Community Advice is currently delivered by a paid coordinator and team of CAB-trained volunteers. It provides immediate help and advice with practical issues such as benefit claims, debt and housing, as well as offering emotional support. It also helps people find out about and access long-term support services in the community such as alcohol treatment, mental health services and supported housing.

But most importantly of all, the service needs to know if it is making a difference to those using it. The team follows up with everyone who agrees to this for up to six months to check on their progress and see if they need any more support. The outcomes being reported are very positive, with 60% of people contacted at six months saying their issues have been resolved. Additionally, at two weeks, a third reported their issues were either resolved or better, rising to almost two thirds two months after using the service. A third of people using the service had visited the referrals that had been made by the service after two weeks, and this increased to 80% by two months. The majority of people at all stages of follow-up reported a high levels of helpfulness from the services to which they had been referred.  


Could More be Done?

With such positive outcomes, the question remains as to why this kind of service is not more prevalent. Pulling together the right partners and identifying funding can be challenging, but tackling the underlying problems that lead people to commit crime not only helps the individual but can also help the criminal justice system to meet its aims as well as being better for society overall. 

Conclusion

We remain keen to identify and work with other courts to recognise the benefits of services such as this and where appropriate to develop similar initiatives that respond to the needs of the people who continue to come through their courts time and again. 

The author

Joanne Thomas is Innovative Practice Manager at the Centre for Justice Innovation, a research and development charity which works towards a British justice system that reduces crime and in which all of our people can place their trust.

  
 

Community Advice at Highbury Corner Magistrates Court

Community Advice offered in Court

A new court-based Advice Service at Highbury Court is most welcome!

 See also this blog by Joanne Thomas

The Magistrates Court is not somewhere people associate with receiving advice, other than the occasional finger-wagging lecture from a Justice of the Peace, usually warning of the consequences of not complying with their instructions. Yet the vast majority of people who pass through their doors are clearly in need of advice and help in tackling the kinds of problem that brought them to Court in the first place.

Homelessness, mental health, unemployment, poverty, debt, alcoholism, drug addiction, illiteracy, overcrowded accomodation, domestic violence, the Courts often see some of the poorest and most vulnerable members of our society.

Of course the Probation service can sometimes help, but are suffering from funding restraints as well as outsourcing, and  Community Orders are increasingly targetted at punishment rather than rehabilitaion.

Often solicitors defending at these Courts try to plug the gap in the lack of advice available, but apart from constraints on time and money have to be careful not to blur the professional boundary between lawyer and client, as well as acknowledging that we are not trained counsellors or social workers, lacking the resources and knowledge to advice on the areas that need addressing outside the immediacy of legal representation. Often lawyers do not even know where to direct clients who need help in other areas.

All this has changed with this exciting project at Highbury Corner Magistrates Court.From January of this year, the project has been offering help and advice from a small room accessed from the same waiting area as the Courtrooms on the first floor. And as there is plenty of waiting at Court, there is time for the people who desperately need help and advice to talk about their problems and receive practical help and guidance.

Last week I popped in to see how they were getting on. I was impressed by the set-up and those running it, but more so by the verifiable results they could demonstrate, and the numerous cases they could describe showing practical examples of problem-solving for clients.

The community Advice is run by Royal Courts of Justice Advice Bureau incorporating Islington Citizens Advice. It follows a longer running pilot project in Plymouth. Since opening they have helped hundreds of court users with issues such as homelessness, debts, housing, family, mental health, benefits, alcohol and drug related issues.

I met Jess, a volunteer (working there one day a week) and Ross, the co-ordinator for the project who told me:- 

We work with people who are using the court and their families to give advice and help them to find out about and access support services in the community. We also provide immediate help with practical issues and offer emotional support. We are independent of the judicial process. We operate independently from other agencies in the court. The service is delivered primarily by a team of 10 volunteers and one paid staff (co-ordinator) and focuses mainly on those who are not working with probation, though we are open to all” .

Ross provided numerous case studies. I attach an edited version of one below. 

I later spoke to Joanne Thomas from the Centre for Justice Innovation who proudly told me the Advice Service at Highbury was “doing an incedible job”. Joanne has previously written about the project here.

Conclusion

For too long the criminal justice system has been used to punish criminal acts, without addressing the causes of crime, even where the perpetrators are crying out for help. Judges, like lawyers, are not social workers, and have to uphold the law. But if we are to avoid the “revolving door” syndrome, and break the cycle of recidivism, then taking an opportunity to tackle root causes with practical help, is not only humane and just, it is likely to prove a cost-effective way to reduce crime 

Case Study

Paul (not his real name) was 35 years old and homeless when he attended court because of drug offences. He had a large number of previous convictions and his relationship had broken down. He was suffering severe financial hardship, receiving no income and owing money to a number of people on top of the court fines he had just received. He was also suffering from drug and alcohol dependence that was affecting his mental health. In addition, he had lost his birth certificate and wanted help to apply for a CSCS card.

Paul was empowered to make his own decisions about what to do, assisted in applying for jobseekers allowance, and referred him to a number of services for his mental health, drug and alcohol use and homelessness. He was also guided on applying for his CSCS card and birth certificate as well as helped to access support for his debts.

There were Follow up appointments. He is now in receipt of jobseekers allowance and is managing to pay his priority debt (his court fines) as well as sorting out his other debts. He has received his CSCS card and is looking for work in construction, and has received his birth certificate. He is also receiving counselling for his mental health.

Prison Books: Helping to Turn over a New leaf

The decision earlier this year by Justice Secretary Michael Gove to lift the ban on family and friends sending books to prisoners was welcome

Anybody who describes prison as a “holiday camp” has either never been to prison, or never been on holiday- the reality of contemporary incarceration is boredom from enforced idleness, interspersed with occasional violence (assaults are rife) but little support for rehabilitation programmes or tackling prevalent issues of mental health. Cuts to staffing levels have overlapped with a rapidly rising prison population. Recent reports by the Prison Inspectorate have been damming.

Books do not in themselves provide a panacea, but they are a good start. They provide education, help literacy and personal development, and broaden the mind.

The book ban introduced by Gove’s predecessor Chris Grayling was a vindictive, unjustified act.

The purpose of prison is punishment and rehabilitation- the first is implicit in the removal of liberty by being locked up, the second currently not achieved by draconian policies that fail to tackle the root causes of offending behaviour. In Nelson Mandela’s moving autobiography “Long Walk to Freedom”, he writes of the value and importance of books to him through his long period of imprisonment. Everyone but Grayling could see the value of books within prison.

In March last year I joined a demonstration against the book ban outside Pentonville prison organised by the Howard League for Penal Reform, and supported by authors including the Poet Laureate. See a short video clip here.

The reversal came initially as a result of a successful Judicial Review brought by solicitor Samuel Genen and counsel (all acting pro-bono) -read more about that here. The High Court ruled the policy was unlawful. Gove then confirmed in July the complete relaxation of the unfair and arbitrary rules Grayling introduced. That is a victory- unlawful policies do not always lead to policy reversal -look at the vexed issue of prisoner voting.

Now we no longer have a book ban, and we now longer have Grayling despoiling the office of Lord Chancellor. So what of his successor?

Gove has said that “the most useful thing we can do is make sure prisoners are usefully employed, and improve literacy, numeracy and work skills”. Will he act or are these just “words”?

I would suggest the most useful thing Gove could do would be to reduce the prison population by crime prevention and successful rehabilitation, and reducing the numbers imprisoned for pointless short sentences for non-violent crime.  This in turn would save money, which could be redeployed to properly fund the Justice system. Government cuts to Legal aid have put our Justice system at risk. The spending cuts were ideological, deferring costs elsewhere in the system.

Grayling was a wrecker, who for what he hoped would gain him short term popularity damaged both the Criminal Justice system and an effective penal system.

Gove has a long way to go to fix these problems, but reversing the book ban was a good start.

Published on International Literacy Day, 08 september 2015

An earlier version of this article was published here in the Islington Tribune in July this year