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“Now listen to this,” said David to Chris

I want you to take over the law.

It’s easily done,

You’ll have some fun

And there’s some things that I need you there for.

*

Our voters think that long spells in the clink

Should be handed out far more.

So fill up the jails

In England and Wales

Then we’ll sell them all off to Group 4.

*

Other than that, you have quite a free hand

To change whatever you find

But I am intending

To cut public spending

So please do bear that in mind”

*

Continue reading “The Ballad of Chris Grayling (Part 1)”

It is hard to keep up with the numbers of “victims” who have failed to convince juries in the last few weeks. Bill Roache was said to have raped or indecently assaulted five women. Dave Lee Travis was accused of indecent or sexual assault by eleven. The jury rejected all Mr Roache’s charges except one: that one never reached the jury having been thrown out by the judge. In Mr Travis’s case the jury found him Not Guilty of 12 counts but could not agree on the remaining two. The Crown Prosecution Service will now have to decide whether to seek a re-trial on these two remaining charges.

Much justifiable praise has been heaped on DLT’s barrister, Stephen Vullo, whose closing speech was widely regarded as something of a tour de force, as well as on Louise Blackwell QC who defended Roache. It is little short of outrageous that despite their acquittals the defendants will recover none of their legal costs.

The CPS, meanwhile has come in for a great deal of criticism. What on earth was it doing bringing these cases which juries have obviously found so unconvincing? Does it take its prosecution decisions on the basis of cold hard reason or, as Simon Heffer has argued – in the course of a rather eccentric and inaccurate but nevertheless welcome attack on the Justice Secretary Chris Grayling – is its obsession with political correctness leading it to prosecute cases that it should leave well alone? Continue reading “DLT and Bill Roache: Is the Crown Prosecution Service obsessed with political correctness?”

One of the more curious revelations about the Tottenham Hotspur bestiality case is the fact that the North London club has a training ground of such bucolic charm that it could have been the inspiration for Beethoven’s Pastoral Symphony. Mr Lovell is due to be sentenced in March for outraging public decency by trying to have sex with a variety of sheep and cows in a field next to the club’s training ground.

Much of the evidence against him came from Lawrence Stephen, a 23 year old tree surgeon and his girlfriend Natasha Brennan who were picnicking “underneath their favourite oak tree” last September. Not only was it an apparently attractive picnicking spot, it was also full of cows and sheep that, at least at first, were quietly grazing. As they settled down to enjoy their picnic their emotions would have matched those depicted by the maestro in the first movement: “cheerful thoughts upon arriving in the countryside.”

I know North London quite well and, away from the obvious spots such as Hampstead Heath (where there are no longer any farm animals) and a few scattered fields in Finchley there are precious few places with a choice of oak trees suitable for a picnic. We don’t know quite how far they had got with their lunch before matters moved swiftly to an unexpected scherzo. This was not at all like Beethoven’s version of “country folk dancing and revelling” but something a little darker and more bizarre. Perhaps Shostakovich or Bartok would have been better at catching the mood. Certainly Bach’s Sheep may safely graze would have been particularly inappropriate. Continue reading “Sex with animals: what is and is not allowed”

 Amongst the 90% of the population who do not wish the Liberal Democrats well, many will have been delighted by the mess they have made of the investigation into the alleged sexist behaviour of the of the party’s former Chief Executive and psephological Svengali, Lord Rennard.

The police quickly completed a criminal investigation into the allegations and decided to bring no charges.

Normally that would have been the end of the matter but the Liberal Democrats have always prided themselves on openness, fairness and justice. The Party therefore carried out its own inquiry, led by the distinguished Liberal Democrat barrister Alistair Webster QC.

It has been been widely criticised as secret, unfair and unjust.

Almost as bad, far from producing finality or “closure” it appears to have set the scene for further legal wrangling for months and perhaps years to come. Continue reading “Rennard “sex scandal” is a fox that will run and run”

 

The Government is right to cut public spending but the legal aid cuts proposed by Chris Grayling, the Lord Chancellor and Minister for Justice, will increase the likelihood criminals going free and of innocent people going to gaol. They will devastate both the barristers’ and solicitors’ professions. The savings to public money – even if they are achieved – are minuscule in comparison to the damage that the cuts will inflict. The cuts in criminal legal aid will be felt most by the poorest: many, perhaps most, defendants in criminal criminal cases are penniless. But a decent criminal justice system is essential for everyone whether rich or poor. Continue reading “10 Reasons Why criminal barristers are right to strike today”

It is depressing enough that the Labour Party has established a “Victims Taskforce” intended to “transform the criminal justice system into a criminal justice service geared towards protecting the public and supporting innocent victims of crime in bringing those guilty to book.” All of us have become used to politically inspired empty gestures, especially in the field of criminal justice. The newly knighted former Director of Public Prosecutions, Sir Keir Starmer, has agreed to chair it. We should remain optimistic and assume that the Taskforce is just a pointless gimmick because the alternative that it may succeed is much more worrying. Continue reading “Protecting the innocent is even more important than convicting the guilty”

Nigella Lawson’s suggestion that she was the real victim in the trial of the Grillo sisters is, unlike most of her carefully crafted recipes, a little hard to swallow. Her central allegation is that having – somewhat reluctantly – performed her civic duty of giving evidence in court, allegations that she was a heavy cocaine user were made against her which were irrelevant, and which the court process did not allow her to rebut:

“I did my civic duty, only to be maliciously vilified without the right to respond. I can only hope that my experience will highlight the need for a reform that will give witnesses some rights to rebut false claims made against them.”

Does she have a point? Continue reading “Grillo barristers were right to give Nigella a grilling”

 

Amongst my Christmas post a few days ago was a rather fearsome looking brown envelope. Rather assuming it was the usual threat to send the bailiffs in to collect last year’s tax, I ignored it. In fact, I was about to throw it out with the rest of the recycling when the franking caught my eye. Instead of the usual HMRC it bore a stamp from the Ministry of Justice. I opened it. To my surprise it was not a summons for jury service, but it was the next best thing: a cheery Christmas card from “Chris, Ursula, Damian and family.” Better still, tucked inside the card was a round robin bringing me up to date with all the family news. I thought you might like to read it. Continue reading “A cheery Round Robin from the Ministry of Justice Christmas Card”

The Judge Advocate General, Jeffrey Blackett, and his military colleagues faced an extraordinarily difficult task in sentencing Sergeant Alexander Blackman, formerly known only as “Marine A”, for murder. A 10 year minimum term for an offence of murder, especially after a contested trial, is an unusually lenient sentence. On the other hand this was a very unusual case.

Some have questioned the necessity for Courts Martial at all, or argued that they should not try offences as serious as murder. This case illustrates precisely why we need to retain a separate system of military justice. In a case like his, the judgement of a civilian court would have been deeply unsatisfactory.  Judge Advocate Blackett’s sentencing remarks should be required reading for anyone wishing to comment on the case.  Continue reading “Sergeant Blackman’s case shows how much we need courts martial”

Should we trust our doctors, teachers and priests?

Keir Starmer QC, who recently stepped down as Director of Public Prosecutions, believes we should not. Instead we should place our trust in the criminal law and the lawyers of the Crown Prosecution Service.

That is the conclusion one is driven to from his demand for a new offence of failing to notify the authorities of a reasonable belief that a child has been sexually abused. Continue reading “Child abuse: Keir’s law didn’t help Gerry Adams’ niece and it won’t help other children either”