Broadchurch

I didn’t watch the first series, but the criticism about the courtroom drama in the current series has been such that I decided to catch up with the first two episodes with the benefit of the BBC i player I have now done that. Oh dear, they may have had a legal consultant but the script writer must have ignored any advice they were given. I know the fact that the Bar is a referral profession is Broadchurchinconvenient for drama, but the writer could have made a little more reference to reality. I cannot imagine any solicitor instructing someone who has not been in practice for three years ever; the law changes and the skills need to be kept up, never mind the question of a practising certificate.

Then the prosecuting barrister asks the police officer in the case to visit her at home to discuss his evidence about injuries to the defendant. The defendant’s wife appears to have been invited as well.  I know she is an important character in the plot, but surely a little more thought might have dealt with this issue in a more realistic way. Then she discusses with them the injuries and tells them they need to find a good reason for the assault on a prisoner. No decent lawyer would do that; she was almost telling them what to say

In the trial process, prosecuting counsel would not refer to the confession in opening the case to the jury and arguments around the issue of admissibility of a confession are made in the absence of the jury. Defence counsel did quote the correct sections of the Police and Criminal Evidence Act, but that was the only bit that was right. Surely it would have been just as dramatic to have the legal argument in the courtroom and then switch to the family outside in the waiting area worrying about what was going on.

My main complaint is the idea that the prosecuting barrister is the bereaved family’s lawyer. Criminal Prosecution are taken on behalf of the state, ‘Regina v Miller,’ not the victim or their relatives. The way it has been portrayed is misleading to ordinary members of the public who may be involved as witnesses or where a family member is a victim of crime. Writers of popular series have in my view a responsibility to ensure viewers are not given a totally misleading impression of the way something as important as the criminal justice system works.

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About scribblingadvocate

Born in Lancashire, Law degree from Sheffield University and MA in Creative Writing from Exeter. A barrister for twenty five years, who appeared in the Crown Courts in and around London until I retired and moved to live on Dartmoor. Married, no children but own an affable Springer Spaniel. I love reading and have written a novel called Crucial Evidence set in London Legal

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