Tag Archive | Criminal Justice System

The Secret Barrister

Just a quick thought as we move into 2019. In the last pages of her book, the Secret Barrister bemoans the lack of interest in the Criminal Justice System in comparison to the NHS or education.

Her book has been a best seller but in The Guardian, on Saturday the list of 100 bestsellers for the year was published and guess what ‘The Secret Barrister’ was nowhere to be seen but ‘This is Going to Hurt; secret diaries of a Junior Doctor’ by Adam Kay was number 2. Says it all really!

I would urge anyone who values freedom to read The Secret Barrister and for a more fictionalised account of how the Criminal Justice System works try either of my novel ‘Crucial Evidence’ or ‘Reluctant Consent.’ on Amazon.

Life at the Bar Shoplifting 2

Shop Lifting 2

The modus operandi usually abbreviated to MO of the Duff sisters relied on the similarity in their appearance, despite the age range from seventeen to thirty two. They were of similar height and their hair was cut to the same length, almost grazing their shoulders, and was a dark blonde with silvery highlights. They were similarly proportioned, neither too overweight nor too slim, unless they were pregnant and they wore almost identical clothes. Each of them had at least one small child, and two of the children were mixed race; they would dress the children in very similar clothing. The family acted a lot like a pack of lionesses in the way they cared for their children; it was often difficult to know which one of the sisters was the mother of any particular child.. pushchair

The sisters would go into the stores usually in a group and then split up as they wandered around looking at clothes, making a display of their selection, holding the items up and waving them around to distract the store detectives. Some of the items were then secreted in the back of a pushchair. The one who had taken the clothes would then switch her pushchair with child to another of the sisters, and take that one’s child.

Normally the store detectives would wait until the sister they thought they had seen take something from the shop and hiding it at the back of their child in the pushchair was outside the store. By that time she no longer had the stolen items and could look aghast at being stopped and accused of theft. Sometimes one or other of them would be caught but never all of them at the same time.

That is until CCTV…..

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.