Matthew Scott's Legal Comment Argument and Discussion. Comment Awards 2015 Best Independent Blog
I have been a barrister for over 25 years, specialising in crime. You may also have come across some of my articles I have written on legal issues for The Times, Standpoint, Daily Telegraph or Criminal Law & Justice Weekly
We learnt yesterday from a paralegal called Rob (known on twitter as @RobEdward90) that a 17 year old boy has been told by the Legal Aid Agency that he will not be given legal aid to contest his trial on charges of driving whilst disqualified. The first reason for the decision is that “there is no reason why the applicant would be unable to cross-examine police officers in person.” The youth in question is, as the cliché goes, no stranger to the criminal courts and indeed is currently the subject of a Youth Rehabilitation Order.
We don’t know his name, but given his familiarity with the criminal courts and his evident skill in advocacy we can call him Rumpole.
Last month Britain’s favourite tax barrister, Jolyon Maugham QC, suggested in an article in the New Statesman that juries ought to be abolished for rape trials. I had meant to reply to him much earlier, but did not have the time to do so until now.
As he is in some ways a stickler for accuracy I should quote him:
“These few hundred words are not the place to remake the system by which rape is deterred.But we might start by asking, as Julie Bindel has urged, whether trial by jury serves the public interest in rape cases.”
I don’t think he is quite advocating the abolition of juries for rape cases, but he is certainly suggesting that it is something that should be discussed. Indeed, trial by jury, he says, is the place to start.
He was immediately criticised by some criminal lawyers for stepping outside his area of expertise. Not by me though; not least because my limited expertise as a criminal lawyer has never stopped me offering my thoughts on any number of other subjects, some of which are only vaguely related to the law (I can’t help you with tax avoidance though). Mr Maugham’s insights into what is undoubtedly a thorny area should be entirely welcome.Continue reading “Rape juries: Jolyon Maugham hits the wrong target”
This is closely based on an article that appeared in Quillette yesterday. Be warned: there are no pictures, there is no music (unless you count dogs barking in the background), no gimmicks and no technical wizadry. It’s just me talking for nearly half an hour.
I hope you’ll find it interesting if you haven’t read the article, or at least a cure for insomnia if you have.
Let me know if you think this is a good or a bad idea.
It seems to work on mobile phones, but I’m having some technical difficultites making it play on an ordinary laptop, especially using Firefox
The Attorney-General has begun the recruitment procedure for the next Director of Public Prosecutions who will take up the position in October when Alison Saunders, the present incumbent leaves her post to go and work for the City law firm, Linklaters.
Mr Attorney is looking for an “extraordinary candidate” to replace her.
The leaked news that the Secret Barrister, who recently published the critically acclaimed The law and how it’s broken, has been appointed as a Special Tribunal Judge has come as a surprise to his or her many fans.
The Special Tribunal is a little-publicised court that sits in private at undisclosed locations, including, according to some unconfirmed rumours, the Cold War nuclear bunker inside Box railway tunnel in Wiltshire.
Created by the anodyne sounding Court Publicity (Amendment No. 2) Regulations 2015 under the Civil Contingencies Act 2004, a Special Tribunal can be convened, according to Paragraph 1 of Schedule 4, whenever the Minister of Justice certifies that a secret court hearing is necessary:
The Count, otherwise known as Markus Meechan, is a man of whom I had never heard, and nor, I suspect had you, until he made a video of his girlfriend’s pug giving a Nazi salute in response to him saying things like “Sieg Heil!” and “Gas the Jews!” Although showing the video must, I suppose, be regarded as a criminal act in Scotland, it is easily available online. Indeed, one of the predictable ironies of the case is that as a result of the prosecution it will have been viewed by millions more people than would otherwise ever have heard of it.
The Metropolitan Police has a rather strange notice about “hate crimes” on its website. It has attracted quite a bit of attention on social media.
Hate crimes and hate incidents
If someone commits a criminal offence and the victim, or anyone else, believes it was motivated by prejudice or hate, we class this as a ‘hate crime’. It means the offender can be charged for the crime itself and also their reasons for doing it.
If someone does something that isn’t a criminal offence but the victim, or anyone else, believes it was motivated by prejudice or hate, we would class this as a ‘hate incident’. Though what the perpetrator has done may not be against the law, their reasons for doing it are. This means it may be possible to charge them with an offence.