THE CIRCUITEER Issue 45 / July 2018 1 News from the South Eastern Circuit
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News from the South Eastern Circuit THE CIRCUITEER INSIDE THIS ISSUE 03 16 10 16 Leader’s Sir Desmond Ramiz Bar Council Protocol for Report de Silva Gürsoy Court Sitting Hours JUSTICE – Mental health A working party of JUSTICE members and invited experts met to consider the issue of Mental Health and Fair Trial. by Jodie Blackstock p4 Keble Advanced Advocacy Course WOMEN AT by Bibi Badejo THE BAR p11 p7 by Sally Hobson WELLBEING by Kerim Fuad QC p13 Particularly in these unsettled times, the wellbeing of all those involved at the Bar is of increased importance. THE CIRCUITEER Issue 45 / July 2018 1 News from the South Eastern Circuit EDITOR’S COLUMN Karim Khalil QC ow we know – football isn’t “coming home” … anyone with a Whether traditional chambers structures are ‘fit for purpose’ is moderately realistic view of the ‘beautiful game’ (however attracting more attention than ever before: the recent publication Nugly it is) would have known it and betted against it: but of a book on the topic has served to underline how complicated our summer of sunshine led us to dream and hope ‘against all the the management of our profession has become. Meanwhile, odds’ that something might turn out better than we thought. most are abiding by the adage to ‘Stay Calm and Carry On’ – after all, that is what we do. So it is with our system of public Justice – time and again promises are made and excitement is generated … to believe that I hope that everyone has a decent break over the summer, even we can effect real changes for the better only for those hopes though we no longer have a period of Court closure to match to be plunged into the despair of ‘real politic’ and the ugly truth. the closing of Parliament (perhaps our Wellness teams can Most politicians don’t care. They never will ... unless one of them revisit that?!). is truly hoist on the limp petard of public funding. Good luck also to those who are joining Team sKKyDrystone The period of ‘action’ since April was a time of unusual on the Prudential London100 cycle – we will again be raising determination amongst so many practitioners in the publicly funds for Opportunity International but there are many excellent funded Bar. The final vote has left us facing some of the same charities that will benefit from the time that over 26,000 cyclists despairing emotions that accompanied the result of the Brexit will give on Sunday 29th July … you can’t miss it, as the whole of referendum – seldom has there been such a palpable sense of central London is closed to traffic, so please don’t grumble but disappointment and division across the profession with many put a paw into your diminished pocket and make a donation to individuals wondering whether it is worth the fight … indeed, any charity of your choosing. As our Circuit Leader has said on so some have already decided that it is not and have left to find many occasions, doing a good turn a day helps someone more other careers or simply taken early retirement. I have no doubt in need than yourself and makes you feel better – what’s not to that this is a very serious time for us all. like about that?! The Judiciary are our partners – they too are confronted by https://uk.virginmoneygiving.com/fundraiser-display/ unprecedented failings in the system; collapsing premises; showROFundraiserPage?pageId=951025 financial pressures and ever-increasing work-loads as they My thanks as always to the indefatigable Aaron Dolan; Sam are unable to recruit people of sufficient calibre in sufficient Sullivan for brightening up the edition; and Adam Morgan for his numbers. Never have applications to the High Court been in such editing skills. short supply – it is a truly remarkable situation. Nonetheless, there are many who work tirelessly on our behalves to keep the dreams alive – they deserve significant credit when they succeed, in any small measure (and there is plenty to celebrate within this edition). The initiatives on Wellness at the Bar have been hugely successful – bringing together those with a real interest in their own welfare and the welfare of colleagues. Many Judges have attended and spoken frankly about their Karim Khalil QC experiences. It is having a profound effect on those who attend and is providing an interesting springboard for Bar-Judicial Drystone Chambers discussions on many topics of common interest. I commend Editor The Circuiteer these meetings to all. If you wish to contribute any material to the next issue of The Circuiteer, please contact: [email protected] 2 LEADER’S REPORT by Kerim Fuad QC, LEADER OF THE SOUTH EASTERN CIRCUIT Kerim Fuad QC t has certainly been a busy and We must continue to identify anomalies It is important that we keep challenging few months for the Circuit, and unfairly low payments over particular in particular criminal practitioners, cases so we can argue for remedy. For cementing the courtesy but I am incredibly proud of how example, we must ensure that the review between the Bench and SEC members have stayed united of increasingly large volumes of mobile Bar, and maintaining an Iin their protests and participated phone data (calls, texts, what’s apps, in good-tempered debate and the instant messages, snapchat etc) are paid excellent relationship, as ensuing ballots in huge numbers. We all for, and we must ensure that properly set respect democracy. out evidence-based claims for Wasted our interests are so often Preparation and Special Preparation are As Angela Rafferty QC, Chair of the CBA, aligned, particularly when it both processed and paid promptly. so rightly pointed out, the outcome comes to wellbeing. of the most recent vote was neither We must also improve our working I will continue to fight for your right to a defeat nor a victory but just a step conditions. To this end, I have been respect, whether that be in terms of forward in the process. We will carry on promised a pilot scheme for the payment, the way you are treated by the fight to show the government why it introduction of ID cards, allowing speedy security guards or the facilities available is just, reasonable and necessary to pay entrance into courts with no bag check. to you at courts, and to fight for the the Bar more after the past decades of And I will keep arguing for: Criminal Justice System which we all value decimation of fees. And to reiterate that, • functioning canteens for all court users so highly. I have no doubt that you will if not, more of the junior Bar will leave this in each court centre, continue to do so too. wonderful profession making it harder to • proper access to the list officer for clerks seek quality representation and recruit and barristers, quality judges, to represent all our diverse • properly taking account of dates to avoid communities to serve the public in the when fixing cases, way they deserve. • reasonable and known (before the day/ The value of the week starts) trial sitting times so carers of young children or elderly parents can independent bar to have certainty arranging cover, robustly prosecute for • more phone hearings and far fewer mentions and PTRs, which waste so victims and complainants, much of our time that we could be and to robustly defend spending on other cases and which cost us heavily then and there with having those accused, has never to pay for increasingly expensive train been more vital to a fares. decent and fair society. Kerim Fuad QC Church Court Chambers Leader of the SEC THE CIRCUITEER Issue 45 / July 2018 3 News from the South Eastern Circuit JUSTICE – Mental health “It was scary because I During 2017, a working party of JUSTICE The Working Party reviewed how members and invited experts met to vulnerability is identified at each just see this man and two consider the issue of Mental Health stage of the process – from street to women sitting on a great and Fair Trial. Chaired by Sir David disposal – and, if identified, how that Latham, and generously supported vulnerability is responded to. There are big bench and I was in a by Linklaters LLP the report of that still fundamental problems with the glass box and there were work was published in November and criminal justice system’s response to JUSTICE has since been working steadily vulnerability and too few people receive all these others looking. A to seek the implementation of its 52 reasonable adjustments to enable them man then came over and recommendations.2 to effectively participate in their defence. But that is not to say that practitioners in Society has increasingly recognised the said he was my solicitor the criminal justice system are not aware problems presented by those who are but he was different from of the problem. The Working Party was mentally ill. But Mental Health and Fair impressed by the efforts being made the one the night before. Trial deliberately refrained from restricting to create an integrated criminal justice its consideration to those who fall within I thought to myself, and mental health sector, through the any particular definition of illness or programme of Liaison and Diversion. ‘What is going on?” capacity. The Working Party recognised As Lord Bradley envisioned with his early on that vulnerability arises from An offender with learning disabilities 2009 report,3 done properly, this has 1 many causes; but the effects are the talking about her experience in court the potential to radically improve the same.