The Circuiteer

News from the South Eastern Circuit Issue 36 | Spring 2013

INSIDE THE CIRCUITEER…

Leader’s Ebsworth Column by Sarah Forshaw QC 2 Lecture: SEC Lectures available to buy 5 Getting It Lawyers for Palestinian Human Rights Right First by Tareq Shrourou 10 Time Interview with Mr. Justice Singh by Fiona Jackson 12

Roberts Banks on Sentencing Developments by Barnaby Hone 16

Restaurant Review: Brixton by Tetteh Turkson 18

Bar Mess Reports 21

Editorial Committee: by The Rt. Hon. Lord Justice Hughes 6 Ali Naseem Bajwa QC (Editor), Fiona Jackson, Tanya Robinson, Tetteh Turkson and Emily Verity The Circuiteer

LEADER’S COLUMN

BY SARAH FORSHAW QC

I don’t tweet. I have long since There are fundamental flaws with QASA in learnt that my knee-jerk reactions its current form. They include the following: are best left un-published. That means I have a lot to say now. I would one 1. The scheme does not provide a day like the opportunity to write a light- sufficiently exacting measure of ‘quality’. hearted, up-beat Leader’s Column – at What it does is assess a minimum least before my term is over. But that day standard of competence. has not yet arrived. It is unlikely that it will. 2. ‘Plea only advocates’ are permitted under It has been a fraught seven months as QASA to represent a client charged with Leader. Timetables have been announced serious offences at a level beyond that that impact upon the publicly funded advocate’s experience, provided the lay criminal bar first and foremost. Circuiteers client pleads guilty. will, I hope, forgive me if I concentrate 3. Silks are included in the Scheme at upon them. the same level as Grade 4 advocates. Although they may call themselves ‘Grade 4 QCs’, the assessment route is exactly Sarah Forshaw QC QASA the same as for juniors. To equate Silks with the Grade 4 advocate will erode the 30.9.13 – 10.1.14 overall quality of the bar. QASA registration period Western and Midland Circuits It ought to be seen in the light of the Lord Chancellor’s speech in January of this year, I continue to gather 10.3.14 – 13.6.14 when he said ‘The question is, can we really evidence of those serious QASA registration South Eastern Circuit afford so often to use people who are paid such an additional higher rate compared cases across our Circuit 30.6.14 – 3.10.14 with somebody who’s nearly as experienced, QASA registration Northern, North who’s a seriously competent barrister, who in which the Crown Eastern and Wales Circuits. will become a QC one day if they choose to Prosecution Service have do so.’ under-instructed in order to Leaving to one side for a moment the fact save costs. PCT that the Secretary of State for Justice was apparently misinformed about the rates of April 2013 pay for Silks, what he is doing is advocating “I must add that I share the concern that the Consultation on further reforms to employing cheaper barristers for the most Crown Prosecution Service is not briefing Legal Aid, including Price Competitive serious and complex cases. The growing leading counsel when the CPS should Tendering (and sometimes disastrous) use of juniors be…. The point about Queen’s Counsel is to prosecute very serious cases is just an that the man or woman who takes silk has Autumn 2013 example of how misconceived that notion established that he or she is of the quality Tender opens in Competition areas. is. I continue to gather evidence of those to be at the very front of the profession. The serious cases across our Circuit ( a concern Autumn 2014 best counsel will do the case quickly. The I raised with the DPP as soon as I came into First contracts go ‘live’. best counsel will tell the judge what the office in September of last year) in which points are clearly and, therefore, a trial that the Crown Prosecution Service have under- might take 10 days may take seven, so we instructed in order to save costs. This policy save money there. That is what you pay for has sometimes had real consequences that that higher standard.” have the greatest effect on the victims of crime. It is also a false economy. The LCJ has unrivalled experience of the criminal justice system and has filled the On 30th January 2013, Lord Judge gave highest judicial position in the land with evidence in the House of Lords to this effect: great distinction. It is unfortunate that the

2 News from the South Eastern Circuit

Secretary of State for Justice and his civil minimum grading scheme that provides the And if QASA is a means of validating PCT service team appear to pay little attention cheap advocate with a ‘competence’ badge. then it is to be resisted at all costs. For PCT to his carefully considered views based on is the real enemy for the criminal justice a lifetime in the law. We all recognise the In short – QASA will do very nicely. system. government has a right and duty to seek The Ministry of Justice will protest that economies across all publicly funded areas. Even if PCT is proposed in restricted form, quality will be an important benchmark But it would be a mistake to keep focussing it would be naïve to assume that it will not in their selection criteria. It is worth that search on an already crippled criminal have a devastating effect on the CJS. justice system. What are we to do about it? The easy answer Is there any connection between QASA and The Bar has nothing to fear is for quality practitioners to diversify or to PCT? At the time of writing, we do not know focus solely on privately paid criminal cases the shape of the proposal for PCT. What I do from an assessment scheme for those able to afford their services. To believe is this: Price Competitive Tendering is that truly weeds out the turn their backs on publicly funded crime likely to signal the end of the publicly funded and guard their own bank balances while independent referral Bar. It will dismantle poor advocates. But should our criminal justice system is dismantled. It overnight a Criminal Justice System that had we voluntarily register for a would lead to a two-tier system of justice. shaped itself over hundreds of years into a The most vulnerable in our society will system attracting international acclaim. The QASA Scheme that does not have to rely on the new breed of work-a- aim of the Government is to save as much genuinely promote quality day advocate. The wealthy will be properly money as possible and those tendering will represented. That is not a legacy I am bid at the lowest level that they feel they can. and is not in the public prepared to leave behind when, in ten years’ Their aim will then be to make the maximum interest? No. time, we are asked what we did to fight for a profit. The advocate, once selected by an system that has worked so well. instructing solicitor for quality amid fierce peer competition for a case that paid the THE GOOD NEWS same regardless, will be replaced by the remembering their last disastrous foray advocate who simply charges himself out into contracting in the justice system. The The right thing to do is to take a stand – a for the least money. The judiciary would no department was repeatedly warned that the unified stand. And, amidst the anger and longer be able to rely on the integrity and quality of services would be sacrificed when the frustration that currently permeates the independence of the advocate appearing in it outsourced the contract for providing Bar, there is some good news. It is this: we front of them. Inevitably standards will be court interpreters to ALS. It ignored those have never been so unified. Different Leaders lowered. Miscarriages of justice will follow. warnings and pressed ahead regardless. If at the Bar may take different approaches The appeal and re-trial rate will soar. So those in government were prepared to carry but we all share the same goal. No staged too will the true cost. As Lord Hughes put out a proper audit, they would find that introduction of measures that we all know it in his excellent Ebsworth lecture hosted that contract, which they boasted would are wrong should be permitted to interfere by our Circuit: “And, because it is no good save money, has not done so in practice and with that unity across all Circuits. There is an forgetting that money is in very short supply has caused countless interruptions to the old Kenyan saying: “Sticks in a bundle are and that there is no natural right to a dole- running of the courts. unbreakable.” Adversity breeds cohesion. out from the taxpayer’s limited funds, it is And with cohesion comes strength. I sense The Bar has nothing to fear from an essential to understand that good advocates that the collegiate mentality of the Bar is at assessment scheme that truly weeds out the save money. A bad advocate costs a huge the highest point ever. poor advocates. But should we voluntarily amount; trials take too long, and things go register for a QASA Scheme that does not There have been some highs over the winter. wrong which require appeals to people like genuinely promote quality and is not in The Ebsworth Lecture, ‘Getting it Right First me (not one but 3 of us) to put right.” the public interest? No. Plea only advocates Time’, was delivered by Lord Justice Hughes Some might say that the way to reassure will be used to undertake cases beyond just 24 hours after we learned that he had the unsuspecting public that they would be their expertise. Grade 4 advocates will be been appointed to the Supreme Court. It was properly represented under a system driven used when the case clearly requires a Silk. a privilege to be able to announce the good by the lowest bidder is to have in place a They are, after all, cheaper in the short term. news that evening. His speech was brilliant. Standards will plummet. It can be read on the SEC website.

3 The Circuiteer

The officers of the Family Law Bar Circuit in what are difficult times. It will Association were kind enough to invite me They do not see the Bar as be an opportunity to come together en to their annual dinner in Middle Temple masse. This year I have invited the other five Hall in March. The mood was upbeat and an honourable profession Circuit Leaders. The Guest Speaker will not unbowed, despite the fact that those doing whose members generally disappoint. It promises to be quite an event. publicly funded work face a 10% cut and Don’t miss out. that, from 1st April 2013 public funding will obey the ethical rules of only be available in private law children their profession, and who And finally, my thanks to all those who have cases if there are allegations of domestic given up their free time to help me with violence, supported by independent do not seek to evade. the myriad of issues we are dealing with. evidence. The ‘volunteers’ who don’t hold it against Indeed, throughout the me that I gaily press-gang them, the long- We should be proud that the Bar Council report, one finds not suffering who put up with my ‘Can I just has produced a leaflet to help those run the latest issue past you?’ and the wise litigants in person from whom legal aid has merely hostility to the rule who oh so gently put me right when I get been removed. It should be more widely but hostility to the Bar it wrong. With your help we will ensure this recognised that the response of those Circuit is a force to be reckoned with. in our profession from whom their own and sneers at its ethical area of publicly funded practice has been pretensions. I well understand the despair and the anger withdrawn, is to try to help the public by on this Circuit. There will come a point drafting such a document for free. The MoJ where we need to stand up and defend not just our own profession but the Rule of Law will shortly realize that the huge increase contribution at panel selection from the in this country. As individuals, the populist in ‘DIY litigants’ will prove more costly than self-employed bar. We owe a debt of approach is to ‘go down fighting’. I have no they had bargained for. Just as the MoJ gratitude to those Circuit Silks who have intention of doing that. We need cool heads, appears to dismiss the concerns of the LCJ, again given up their time for free to help unity and a proper strategy to fight in a way so too it has failed to heed those of Lord with the process. Neuberger, the President of the Supreme that best ensures we succeed. Whatever Court. More good news by way of appointments. the consultation paper brings our way, we Our very own Brian Barker QC takes over will meet with well-reasoned, informed The expense incurred by the LSB on a from HHJ Peter Beaumont QC as Recorder of responses. But if we are ignored and the paper drafted by two professors, dubiously London. The Lord Chief Justice descended Ministry of Justice is resolved to act in a qualified to suggest that the cab rank upon Court One at the Bailey twice in quick way that destroys our justice system, those rule was unnecessary and obsolete, was succession to mark both retirement and in government will discover that we are no demonstrated to be wholly wasteful when appointment. longer the Paper Tigers we once were. There the document was met by the towering is more at stake than financial survival. dignity and unmistakeable authority of Sir HHJ Alistair McCreath was appointed Sydney Kentridge QC, who drafted the Bar Recorder of Westminster at Southwark Sarah Forshaw QC Council’s response. What a joy it was to read. Crown Court last December. He has quickly become a very popular addition to the “They do not see the Bar as an honourable Circuit. profession whose members generally obey the ethical rules of their profession, and HHJ Nick Hilliard QC, our past Leader and who do not seek to evade them. Indeed, now Resident Judge at Woolwich Crown throughout the Report one finds not merely Court, acquires another title. The Royal hostility to the rule but hostility to the Bar Borough of Greenwich has appointed him and sneers at its ethical pretensions.” The Honorary Recorder of Greenwich. Our warmest congratulations to him. And of PEOPLE NEWS course our new Circuit Silks of whom we should be rightly proud. The latest round of CPS grading has just been completed. My thanks to Alison Our Annual Dinner is to be held on 5 July Saunders CBE for continuing to invite 2013. It will be heavily subsidised by the

4 SOUTH EASTERN CIRCUIT LECTURES AVAILABLE TO BUY

NAME OF LECTURE DATE CPD £ NO.

Dame Ann Ebsworth Eighth Memorial Lecture – ‘Getting it Right First Time’ – The Rt. Hon. 27 Feb 2013 1.5 £15 Lord Justice Hughes

So it is all sorted now? An examination of the Legal Aid, Sentencing and Punishment of 28 Jan 2013 1 £10 Offenders Act 2012 and other Sentencing Developments – Robert Banks

CPS Rape List Accredited Sexual Offences Training – HHJ Browne, Alison Levitt QC, CPS, 24 Nov 2012 4.5 £25 Felicity Gerry and Professor Penny Cooper, Kingston University

To Apply to Upgrade or Not? CPS Panel Advocates – Get The Inside Track – Alison 6 Nov 2012 1.5 £15 Saunders, Chief Crown Prosecutor and Simon Clements, CPS

How to Apply: The Art of Applying for CPS Upgrade / QASA / Judicial Appointment – The 18 June 2012 1 £10 Honourable Mr Justice Bean, JAC Judicial Commissioner and Simon Clements, CPS

Dame Ann Ebsworth Seventh Memorial Lecture – ‘Looking the Other Way – Have Judges 13 Feb 2012 1 £10 Abandoned the Advocates?’ – The Rt. Hon. Lord Justice Moses

CPS Paperless Prosecutions Lecture: ‘Digital Criminal Justice System’ – Members of the CPS 26 Jan 2012 1 £10

Mediation: What, When, Where and How – Philip Bartle QC 15 Nov 2011 1 £10

Professional Disciplinary Work – Martin Forde QC 18 July 2011 1 £10

Planning for the Future – Peter Lodder QC 24 Feb 2011 1 £10

Dame Ann Ebsworth Sixth Memorial Lecture – Vive la Différence: Common Law, 8 Feb 2011 1 £10 Constitution, Convention and Judicial Review in Ireland, 1167 – 2011, A (largely) shared history – Mr Justice Hardiman

Keeping Alive the Art of Advocacy at the Family Law Bar – Mr Justice Mostyn 22 Nov 2010 1.5 £15

Prosecution and Defence Advocates – Are they that different? – David Perry QC 28 Sept 2010 1.5 £15

Nuts and Bolts of Trial Advocacy – Andrew Hochhauser QC 23 March 2010 1.5 £15

Dame Ann Ebsworth Fifth Memorial Lecture – “Libel Tourism” – Lord Hoffmann 2 Feb 2010 1 £10

The Art of Advocacy in Public Law – Dinah Rose QC 14 Jan 2010 1.5 £15

Appellant Advocacy “How is he so good?” – Jonathan Sumption QC 29 Sept 2009 1.5 £15

Coping with the difficult “bits” of advocacy – Michael Mansfield QC 3 June 2009 1.5 £15

Dame Ann Ebsworth Fourth Memoria l Lecture “I beg your Pardon” – The Rt. Hon. the 9 Feb 2009 1 £10 Lord Bingham of Cornhill

Dame Ann Ebsworth Third Memorial Lecture – Judging Under a Bill of Rights: A Different 5 Feb 2008 1 £10 View – The Honourable Antonin Scalia, Associate Justice of the Supreme Court of the USA

Dame Ann Ebsworth Second Memorial Lecture – Judging Under a Bill of Rights – The 24 Jan 2007 1.5 £15 Honourable Mr Justice Louis Harms

The Honourable Mr Justice Michael Kirby AC CMG 21 Feb 2006 1.5 £15

The South Eastern Circuit Bar Mess series of lectures on “The Art of Advocacy” 2003 8 £15

Name: Please complete this order form and return it with your cheque made payable to: The South Eastern Address: ...... Circuit Bar Mess ...... Post to: Natasha Foy ...... The South Eastern Circuit

289-293 High Holborn ...... London WC1V 7HZ Email address: ...... DX: 240 LDE Total (paid by cheque): The Circuiteer EIGHTH ANNUAL EBSWORTH LECTURE

LORD JUSTICE HUGHES “GETTING IT RIGHT FIRST TIME”

BY BEN HOLT

Those who attended the Eighth However, “appeal-lite” was a possibility that blood flows through the brain. By doing this, Annual Ebsworth Lecture were could be achieved by ensuring that hearings there is potential scope for an observer to fortunate indeed. This was Lord in the lower Courts were conducted in a conclude when a witness is lying or telling Justice Hughes’ first public engagement proper and fair manner. The judiciary relied the truth. Just as, apparently, it is possible to since the announcement twenty-four hours upon the advocates to ensure that the right spot differences in the brain’s functionality earlier that he had been elevated to the outcome was achieved first time. when a rapper is “free-styling” versus singing Supreme Court. As of 9th April, it will be pre-scripted lyrics. Lord Hughes. This, after being a member of the Court of Appeal since 2006 and, Lord Hughes was unsure The improvements on a basic polygraph test more latterly, vice-president of the Criminal as to whether he admitted are obvious; this method simply relies upon Division. In introducing the evening’s physical changes occurring to the witness speaker to the audience the Leader of the the evidence so that he when answering questions. To emphasise Circuit, Sarah Forshaw QC, compared him could rule it useless in his the futility of the latter technique Lord to the late Dame Ebsworth as being a fair Hughes told of a family case over which and polite tribunal. The point was made, judgment or excluded it for he had presided where one party had from the advocate’s point of view, how an precisely the same reasons.” sought the admission of such evidence. The inspirational Judge who is courteous to claimant had been accused of abusing his counsel ensures that the system works best children. His account was not without its by providing counsel an arena in which they During the course of the lecture, Lord difficulties: various versions of his story had feel able to thrive. Hughes spoke of potential alternatives been given to different people and, in any and modification to the system currently event, they had been contradicted by more It was, therefore, refreshing to hear the in place in the United Kingdom. There reliable and independent witnesses. same sentiment expressed from a Judge were two distinct areas considered: further of such standing and experience. The title use of scientific evidence in criminal and The polygraph “expert” gave his chosen by Lord Hughes, as he soon will be, civil Courts and the different systems and qualifications and experience: gained at a was “Getting it Right First Time”. The overall procedures adopted in Courts throughout University in Southern America unknown point was a simple one in many respects: Europe. to the omniscient Google search engine. the country’s legal system does not hinge The report went on to deal with the on the cases that reach the higher Courts in To the science first. Our speaker examined examination, the questions asked and the which the likes of our speaker sit. Rather, it is how advances in science could make answers given. Surprisingly, all questions dependent upon proceedings being right in the role of the advocate and, to a certain had been agreed with the witness prior to the lower courts; in essence, there being no degree, the Judge redundant. At the heart the polygraph test and were as follows: need for an appeal. In spite of the Ministry of of this was the development of an FMRI Justice’s dream scenario, “litigation-lite” was scan. Whereas an MRI scan looks at the brain Q: What is your name, A: Mr X; not a viable option: there would always be in still images, this technique was able to factual differences that required litigation. consider moving images and, thus, how Q: How many children have you got, A: 5;

6 News from the South Eastern Circuit

Q: What are their names, A: Daisy, Sally, Tom, So, what of the jury system? How does it a cumulative process: the investigation is Alex, Jonathan; compare to that of continental Europe? rolled up into part of the trial process. It is never-ending. Such evidence as there is at Q: Have you ever abused them, A: No. In recent weeks many column inches have the start of the trial is condensed and placed been filled with articles considering the into a dossier under the close supervision of The expert concluded that he could “confirm apparent injustice of our adversarial system the Public Prosecutor and the Judge. If the that Mr X was telling the truth about all and how it can impact upon victims and details of a potential witness emerge mid- matters.” way through the hearing, an adjournment Lord Hughes was unsure as to whether he is granted, a statement taken and then admitted the evidence so that he could rule The starting point was that that too will be considered by the tribunal: it useless in his judgement or excluded it for a plea of guilty did not exist. whether that is a Judge alone, or sitting with precisely the same reason. Lay Magistrates. It was for the State, in all However, it would seem that the time has There is a close liaison between the tribunal not yet arrived for trial by men in white cases, to prove a man’s guilt and the Public Prosecutor throughout coats. For example, an FMRI would be of the proceedings in order they, together, negligible assistance in a case where the can get to the truth of an allegation. Lord issue was identification. The brain patterns witnesses of crime. A system that can be Hughes gave an example of a rape trial appear to be identical in a witness who has seen to benefit the strong advocate or the heard in Western Europe to demonstrate the actually seen a suspect before as if they rich defendant. A system that places great different procedure. The starting point was believe that they might have seen that weight upon pre-trial procedures and that a plea of guilty did not exist. It was for person before. And so, for the time being at investigations. the State, in all cases, to prove a man’s guilt. least, the jury’s role as fact finders in criminal A sobering thought, one might think, when This contrasts to the system deployed in, trials is here to stay. compared to the Early Guilty Plea schemes for example, France. The model there is now implemented throughout London descended from Napoleonic times and is Courts. The first person to give evidence: the

7 The Circuiteer

defendant. The first person to ask questions Gradually, however, European criminal The advocate’s prime duty, no matter how of him: the Judge. This, it was observed, justice systems have grown to dislike they came upon the brief, is to the Court. makes the notion of not giving evidence or and distrust hearsay; at the same time as We, as lawyers working with the publicly remaining silent at trial a harder option. So legislation in England and Wales has pointed funded criminal justice system, have no it was that the defendant gave his account in the opposite direction. Such differences right to endless payments from the public to the Judge. One question was posed to result in the judgments in the recent cases purse. The good advocate can save money him by the Public Prosecutor; none were of al-Khawaja and Horncastle; a conflict that by getting it right first time. This is also asked by defence counsel. And his evidence has clearly not been resolved as yet. achieved by acting in a fair, balanced was concluded, for now. He can then be manner. called upon at any time to answer further Lord Hughes considered our own system questions that may arise. and the relationship between the Judge and By behaving in such a manner, the number the advocate. As readily as the concerned of costly appeals could be kept to a The complainant gave evidence. She was counsel might question the clerks as minimum. This is not the position in Europe, not long into her account when the senses to the make-up of their tribunal at the where the “right of appeal” is something of the Public Prosecutor detected alcohol Court of Appeal (as foreshadowed in her barely even spoken of. Appeals are as of on her breath, “been drinking, madame?” introduction by Sarah Forshaw QC), so it was right. Regional appeal Courts in Europe can he asked. “Only one or two vodkas, I am run with up to a six-year backlog of cases. nervous”, the witness replied. This led to These appeals would invariably take the an ultimately unsuccessful application by The advocates’s prime form of complete re-hearings. A defendant the defence for her evidence to be deemed would, owing to the delay in his case inadmissible. The case went on. Another duty, no matter how they reaching the appeal stage, invariably be prosecution witness who was not as came upon the brief, is to granted bail pending the appeal. He had, forthcoming with an account to the Court as therefore, nothing to lose by pursuing this he had been to the Police when providing the Court. We, as lawyers avenue. a statement was threatened with a charge working with the publicly of “failing to report a rape” by the Public Lord Hughes expressed concern about Prosecutor should he continue to fail to funded criminal justice the increase in the number of applications come up to proof. There is no sense that the for leave to appeal in this jurisdiction. witness is “their witness” to be protected. system, have no right to “Speculative trawls” through the evidence endless payments from the by another advocate instructed after an One can see from this case the clear role unsuccessful trial that exposed a minor hitch of the Public Prosecutor in the case. His public purse. in the trial process at first instance were impartiality extending to lodging appeals resulting in unnecessary applications being on behalf of convicted defendants, even if submitted. All of these, of course, then such a course is not advised by their own that the tribunal would enquire as to who needed considering by the single Judge. legal team. He is assisted with his role by was appearing before them. The reliance In all likelihood, time and money could be the Judge; they work in tandem. They come placed on an advocate by the Judge could saved by the newly-instructed advocate from a similar demographic and share not be overemphasised. The advocate contacting original trial counsel to discuss similar training. This is a direct contrast needs to be selected on their expertise and the point raised. to the defence advocate who, although a suitability; not who they work for or whether Our speaker displayed thinly veiled graduate, has different training and is often they had contrived to buy the work. mistrusted by the Court and public alike. contempt for this sharp practise and the Advocates needed to be balanced between precious time of the High Court Judges However, the system generally favoured the two sides of a criminal trial: a scenario that it wasted. Is it that the standard of the in continental Europe and that of our best achieved by prosecuting one day and advocate conducting the trials falling or own have been converging and, in some defending the next. This enabled a mutual is this just a passing fashion? The former circumstances, actually going away from respect to build between counsel who situation would be worrying; especially each other again in differing directions. could understand the various difficulties bearing in mind that the Judge is so reliant For example, there have been changes in and issues that their opponent might be upon the advocate to ensure that a fair respect to how hearsay evidence is dealt experiencing. result is achieved “first time”. And this with. As late as the 1950s, English courts does not appear as if it is about to change refused entirely any notion of such evidence It is on this system of respect and pride that anytime soon. being admissible. The simple business the profession is built upon. Without these record needed to be proved. At the same key ingredients, the system is broken. Any Ben Holt is a barrister at 5 King’s Bench Walk time, Europe was “immune” to the hearsay advocate has the ability to derail a trial in a issue. All of the material was within the similar fashion to the prop forward in the dossier for the fact-finding tribunal to scrum in a game of rugby; with a similar consider. In Italy, for example, it was felt chance of being detected. The advocate that a Judge would be “unconstitutionally should be a “batsman that walks”. The trial hamstrung” by refusing to consider hearsay setting was not a game in which one side when looking for the truth. was free to try and get away with as much as they could, where justice became the victim.

8 CALLING ALL JUNIOR (CRIMINAL) BARRISTERS TWO TO SEVEN YEARS’ CALL THE SOUTH EASTERN CIRCUIT FLORIDA CRIMINAL LAW ADVOCAY COURSE

Held at the University of Florida, Gainesville 4 August – 9 August 2013

There are four scholarships available and the above course is open to all junior (criminal) barristers, two to seven years’ Call.

Course fees and accommodation will be provided. Candidates will be required to make and pay for their own travel arrangements. Applicants must be members of the South Eastern Circuit (application for membership may be made at the same time). Previous courses have attracted 25 CPD hours.

Closing date for applications: 23 May 2013. For further information and selection criteria, visit: www.southeastcircuit.org.uk The Circuiteer

LAWYERS FOR PALESTINIAN HUMAN RIGHTS

BY TAREQ SHROUROU

The intractable question of party in the Occupied Palestinian Territory Palestine/Israel is one of the great of two entirely separate legal systems and issues of our time. Lawyers for sets of institutions for Jewish communities Palestinian Human Rights (LPHR) takes grouped in illegal settlements on the one the view that at its heart lies fundamental hand and Palestinian populations living principles of human rights, human dignity in Palestinian towns and villages on the and the rule of law. And in its resolution we other hand. The Committee is particularly have the aspiration that justice principles of appalled at the hermetic character of the freedom, accountability and equality shall separation of two groups, who live on the take primacy. same territory but do not enjoy either equal Third, the prolonged length of Israel’s use of roads and infrastructure or equal LEGAL CONTEXT occupation has not altered Israel’s obligations access to basic services and water resources. as an Occupying Power as set forth in Such separation is concretized by the LPHR approaches the question of Palestine/ the Fourth Geneva Convention and the implementation of a complex combination of Israel primarily from a rule of law and human Hague Regulations. Israel must therefore movement restrictions consisting of the Wall, rights perspective. It is therefore necessary abide by the relevant rules of international roadblocks, the obligation to use separate to situate it into its legal context, including humanitarian law in its administration of the roads and a permit regime that only impacts applicable international law and Israeli law. OPT; further supplemented by international the Palestinian population (Article 3 of the This context is structured by three basic legal human rights law. Convention). facts. In the light of this normative framework, ABOUT LPHR First, the Palestinian people have the right Israel’s administration of the OPT has been to self-determination, with all the attendant found by numerous independent legal LPHR is a UK registered charity which has consequences this entails under the relevant experts and reports to systematically violate been founded to work towards the objective principles and instruments of international international law. A recent example is the of protecting and promoting Palestinian law. strikingly stark concluding observations human rights, with a special focus on Palestinians living under Israeli occupation Second, the West Bank, including East of the United Nations Committee on the in the West Bank (including East Jerusalem) Jerusalem and the Gaza Strip remain under Elimination of Racial Discrimination, in its and Gaza Strip. We seek to pursue our goals belligerent occupation. As a consequence, report dated 9 March 2012: through public advocacy, education and Israel’s annexation of East Jerusalem is The Committee is extremely concerned at awareness raising, lobbying and litigation. unlawful and is not recognised by the the consequences of policies and practices And where possible, we seek to take our international community. The occupied which amount to de facto segregation, lead from, and coordinate our work with status of the West Bank was confirmed such as the implementation by the State lawyers and human rights organisations in by the International Court of Justice in the region. the Wall advisory opinion. And Israel’s ‘disengagement’ from the Gaza Strip did not We have a distinguished board of trustees constitute the end of occupation because, To advocate for the full including Sir Geoffrey Bindman QC, Professor despite the redeployment of its military implementation of these Bill Bowring, Michael Mansfield QC and ground forces from Gaza, it retains and – the first Chair and Co-Founder of LPHR – exercises effective control over the territory. progressive principles is to Daniel Machover; plus a thriving Executive In all of the Occupied Palestinian Territory push the horizon towards a Committee of qualified and trainee lawyers (OPT), Palestinians are therefore ‘protected who meet regularly throughout the year. persons’ under the terms of the Fourth transcendent future for both We further have a growing membership – Geneva Convention – namely, they are Palestinians and Israelis; predominantly lawyers and law students persons who ‘find themselves, in the case of a – many of whom have expressed their conflict or occupation, in the hands of a Party a future compatible with willingness to voluntarily support our work in to the conflict of occupation, of which they accordance with our aims. are not nationals’. substantive peace, justice and human rights. Following our charity launch in October 2011 we have organised a compelling public

10 News from the South Eastern Circuit

events programme. This has included the enormous privilege of hosting a range of distinguished Palestinian human rights defenders who have spoken with resonance LAWYERS FOR PALESTINIAN on the fragmentation of Palestinian life under the duress of a deeply entrenched and corrosive occupation. Indeed, throughout our events, regressive themes such as HUMAN RIGHTS control, separation, and discrimination have strikingly recurred to underscore a critical point: the issue of Palestine/Israel can only be sufficiently and properly understood when viewed fundamentally as a major human rights problem. and international human rights law in the provide further details of any or all of these While it is essential to provide increased Occupied Palestinian Territory. projects, with a detailed budget, and to visibility to the impermissible human rights provide any form of reporting so to assure landscape for Palestinians living in the OPT Internship & Human Rights that funds are being used appropriately. We and Israel, we also take the view that we must Assistance Project are focused on making a serious contribution equally strive to always go beyond education to alleviating the deplorable human rights of the ‘facts on the ground’ to advocacy of This involves giving part-subsidized situation for Palestinians, and would be an alternative just and moral vision based on opportunities to UK lawyers/ law students to immensely grateful for any assistance that the primacy of fundamental human rights go to the Occupied Palestinian Territory for 3 can be provided to support us in translating and rule of law principles. To advocate for months (or more) to conduct legal research our aims into effective and concrete action. the full implementation of these progressive on human rights issues affecting Palestinians principles is to push the horizon towards a or to carry out fieldwork or casework transcendent future for both Palestinians and under supervision. This project would GET IN TOUCH Israelis; a future compatible with substantive include recruiting, training, briefing and There is huge scope for LPHR to become an peace, justice and human rights. mentoring interns. Interns would be asked effective voice in the international human to produce reports, and upon completing rights sector, as the situation for Palestinians MAJOR-MATCHED their internship would be invited as speakers within and outside the Occupied Palestinian at LPHR’s public seminars and events. This Territory continues to deteriorate. FUNDRAISING INITIATIVE FOR project will start with the Civic Coalition for LPHR PROJECTS Palestinian Rights in Jerusalem (CCPRJ), but Please feel welcome to contact us at can be extended to other organisations. [email protected] if you are interested in Following a consultation in 2012 with lawyers becoming actively involved with LPHR, either and NGOs in the Occupied Palestinian Public Education & Human Rights Advocacy through becoming a member or a donor of Territory and Israel, we have approved Project LPHR. For further information on our work projects in principle which require essential during the inaugural year of our charity, you funding. In this context we are grateful to Our public events programme – normally can request the attached annual report and have received a very generous matching hosted by Garden Court Chambers – is a accounts, and please visit our website at proposal from an individual donor whom will core component of our education work. We www.lphr.org.uk. double any fundraising donation up to a cap have Bar Standards Board CPD accreditation of £5,000. We have therefore commenced a for our events, but now require one-off major fundraising drive to raise £5,000, which funding to seek Solicitors’ Regulation with the effect of the ‘matched-funding times Authority CPD accreditation. The human two’ proposal, will provide £15,000 (excluding rights advocacy component of our work gift aid) to be allocated specifically for the includes correspondence with the Foreign following projects to commence this year. Office and other parties, letters and articles for newspapers and online publications, Challenging Corporate and invitations to speak at meetings and Complicity Project university seminars. This involves recruiting one expert in Palestinians in Syria Research the field of corporate complicity on a short term contract to prepare with Project the help of LPHR volunteers to write a Using recruited volunteers from our comprehensive complaint about at least one membership to produce reports and engage UK multinational company for submission in education and advocacy on the rights and to the UK National Contact Point under circumstances of the vulnerable Palestinian the OECD guidelines for multinational population of Syria during the ongoing companies. The complaint will concern conflict there. one or more companies against whom there is evidence of complicity with Israeli For anyone willing to provide funding violations of international humanitarian law pursuant to the matching proposal Tareq Shrourou is the Director of Lawyers for highlighted above, we would be glad to Palestinian Human Rights

11 The Circuiteer INTERVIEW WITH MR. JUSTICE SINGH

BY FIONA JACKSON

On 1 January 2013 Mr. Justice Singh took up his latest appointment as a Presiding Judge of the South Eastern Circuit. Called to the Bar in 1989 and taking Silk in 2002, he practised from 4-5 Gray’s Inn Square in Administrative and Public law, Human Rights and Civil Liberties, Employment and other civil litigation, and in 2000 was a founder member of Matrix Chambers before becoming a High Court Judge of the Queen’s Bench Division in 2011. Fiona Jackson went to meet our youngest High Court Judge during his recent sitting at the Central Criminal Court to find out more about him and the work of the Presiders.

Are there aspects of your new relatively short time each year but who are I remember doing the seminar on Serious role as a Presiding Judge that an absolutely crucial part of the judiciary. Sex cases as a Recorder, and that is an indication of how useful it is to undertake you particularly enjoy? In connection with that, the fourth aspect different training opportunities before you is our training of judges on the Circuit, I am really enjoying this new role, and for become a full-time High Court judge as in particular the Recorders through the four reasons in particular. there is still a step change up. We generally sentencing seminars. Some Recorders will do murder cases but at the moment I am The first one is sitting in Crown Courts never want to be full-time judges, but some trying a very serious rape case, and there around the Circuit, including at the Old do and it’s enjoyable to see people who are some judges appointed who have not Bailey, because Presiding Judges try some are starting out in judicial office. I think it previously sat on one of those so the step of the most serious cases on Circuit and is little known how much training there is change would be even greater. If you go those cases are obviously interesting, and for judges in this country, and I personally straight from trying Class 3 cases to Class potentially high-profile. would want to pay tribute to the Judicial 1, it can be difficult whereas I had a more College. phased progression. Secondly, in my management role, I enjoy going around the Circuit to meet judges in How much use did you make of I would encourage Recorders and Deputies the courts. At the moment my particular judicial training opportunities to take whatever training opportunities are responsibility is for the civil courts, so I tend available. Firstly I would encourage them to meet civil Circuit Judges and District when you were a Recorder and to sit at least their minimum allowance, Judges in the county courts to learn about Deputy High Court Judge? and more if they can achieve it. I put myself issues arising in their courts that require my forward for every possible authorisation I definitely found judicial training useful assistance and management. and course I could because I knew that one when I was at the Bar, and I certainly day I wanted to be a High Court judge, and The third aspect I enjoy is what might benefitted from it: I first became a Recorder if you’re serious about wanting to do that loosely be called “career development of and Deputy some 10 years ago so I did a job, you should try to be as experienced as judges” because we have an opportunity lot of sitting before I was appointed to the possible. to comment on potential appointees, Bench full-time, and both the induction including on Recorders and Deputy Judges. training and the continuing training are One of the reasons I wanted to be a High Our legal system depends to a large extent generally acclaimed to be excellent. Court judge is the variety of the work: when on the use of part-time judges, who sit for a I was a law student, I didn’t go into the law

12 News from the South Eastern Circuit

Mr. Justice Rabinder Singh

to do a particular type of law. The other On the criminal side I tend to find that ensure that the administration of justice on attraction of the job is that we sit on a lot of criminal advocates are much more aware the Circuit is as efficient as possible. civil and criminal appeals, and the Divisional of that point, but in the criminal courts Court is especially interesting because we our advocates sometimes appear to have Do you think the role of a hear both criminal cases and civil cases lost the art of cross-examination. I have that usually consider technical legal issues: heard the Lord Chief Justice comment that Circuit Bar Mess is still as when you sit as part of a panel and work sometimes cross-examination appears to be important to today’s barrister as a team, the collective knowledge and no more than the making of statements and practising on the SEC? experience is much greater than the sum of where the shorthand writer in the transcript its parts. has been kind enough at the end of the Personally, I do. The SEC faces a difficulty statement to put a question mark! that the other Circuits do not – I have sat on most of the other Circuits, and I’ve enjoyed Are there aspects of modern that particularly because of the collegiality advocacy that you see and that What challenges lie ahead for of the Circuit Bar with its Mess Dinners and you would wish to discourage? our Presiding Judges? events. The SEC suffers from the obvious problem that London is right in the middle In the four-year term that I shall be a I think this country is well served by the of it, and so we are less naturally a Circuit Presider the legal system is facing a high quality of our advocates and I want in the way that Wales, for example, is with a combination of large changes, and so we’re at the outset to pay tribute to that. I have long history of people practising from local all going to have a responsibility to meet appeared in courts elsewhere in Europe and chambers in their local courts. I have also visited a number of common those challenges as effectively as possible. law jurisdictions worldwide, and I hear that The SEC does still have a collegiate feel The first challenge is the continuing comment from judges who sit there: the though with its significant educational pressure on public finances, which is well- advocates in this jurisdiction still command and social events, and as an institution the known and clearly has an impact on the huge respect around the world. Presiding Judges find it very important. If administration of the Courts and Tribunals the Presiders have a useful role to play, it Service. There are a couple of negative things that might be to provide a unifying influence I personally would remark about: on the The second is the changes to legal aid, and I am very happy to travel to different civil side in particular, there is and has been both those which have already been local Bar Messes to meet members of the for many years a tendency to have more implemented and which may yet come in Bar and judiciary. I’ve certainly found it and more prolix skeleton arguments. As we future including, for example, the impact of helpful when I’ve been invited to take part have moved in civil work to a more written- the likely increase in litigants in person and in events and, when we are doing longer based system, although not exclusively, the the consequent demands that are place on trials of a month or more out on Circuit, I skeleton argument has assumed a greater the judiciary. know it would be much appreciated to have importance as a tool of advocacy, but it has an opportunity at a more social function to become longer and more complex. Many The third big challenge is the effect of the meet the local Bar and judiciary and learn of are highly fleshed creatures, meaning that Jackson reforms on costs in civil cases, and their issues and concerns. sometimes there is insufficient time at the fourth on this Circuit in particular is the oral hearing to go through a skeleton the restructuring of the civil courts and the By way of example, I am going to the argument and do it justice, so the message family court. Central London Bar Mess dinner in May, I always try to convey is that brevity is a even though I will be sitting in Maidstone, virtue, and being able to explain your points Each of these are big changes, but taken because I feel it is important for me to be in a shorter rather than longer way is likely together that’s a major set of reforms there. In addition, every time I have sat to be more fruitful. happening during my term of office, so what on other Circuits, I have tended to visit I would hope to do is make a contribution to the local university and we usually bill the event as “A conversation with Mr Justice

13 The Circuiteer

Singh”. It seems to go down well because in the QBD; it does not mean we are local practitioners, judges, students and generalists, but versatile specialists. academics come and it helps to dispel some of the mystique surrounding the Bench. I am Would you encourage students presently the youngest High Court judge and in contemporary times it is unusual to come to the Bar now? to be appointed under the age of 50, but On the face of it there would appear to be our society has been changing since I was no rational reason to become a barrister born in the 1960’s and I suspect that has because times are hard and becoming an impact on the changing nature of our harder. It’s very difficult to obtain a judiciary. Today’s new High Court judge pupillage, establish a practice and make might therefore be different from previous a living, but if you asked me if there is ones. anything else I would ever have wanted to do, I can’t think of anything more It’s sometimes said that the worthwhile than what I did as a barrister. Circuit Bar Mess does not I hope the highest quality students will do much for civil barristers; continue to come to the Bar because it is an do you agree from your extremely important job in which to serve experience in practice? the public. I hope in practice that I lived up to the traditions of the Bar to be fearless As someone who was generally a Circuiteer and independent. I worked on cases for the practising all over the SEC, travelling to government and also did high-profile cases many different types of courts, on occasion against them – that is a very unique feature it was difficult to connect with the concept of our system. In most countries around of local Bar Messes. Any possible perception the world, the lawyers who represent the of disconnect with civil practitioners government are employed by them. I do should be addressed by Bar Messes, and if not wish to criticise those systems, but this a Presider can assist with that in any part of country has over the centuries nurtured the Circuit, I would want to encourage that a fearless and independent Bar that is trend. important to the rule of law.

In my experience the profession has become The subsidiary reason for encouraging more specialised and therefore potentially students to come to the Bar is that divisive, but I felt as a barrister that we were many, although by no means all, judges one profession and I could not agree more particularly at the higher levels still tend to with the SEC Leaders’ efforts to promote that be appointed from the independent Bar. The through educational events. I think there maintenance of a high-quality independent is much to be said for civil practitioners, for Bar, who will serve the public as the judges example, attending either criminal courts or of the future, is imperative. seminars and conferences on advocacy and observing how criminal advocacy is done.

In a different context, if administrative law practitioners could observe how appeals are conducted on points of law in the Court of Appeal’s Criminal Division, I think their eyes would be opened. It goes back to to my point about prolixity: in the CACD, the appeals are usually short and in my experience the advocates know how to focus on their best point and do so quickly, even though what they are doing is not all that different from what civil practitioners are doing down the corridor in the Administrative Court.

If civil practitioners want to apply for a High Court appointment in the Queen’s Bench Division, sitting in crime as a Recorder is almost essential: the majority of our work is sitting in criminal trials and in the CACD. The Fiona Jackson is a barrister at 33 Chancery High Court Bench does a bit of everything Lane

14 THE SOUTH EASTERN CIRCUIT BAR MESS FOUNDATION ADVANCED INTERNATIONAL ADVOCACY COURSE

at Keble College, Oxford

Monday 26 August - Saturday 31 August 2013

Applicants must be members of the South Eastern Circuit (application for membership may be made at the same time). Meals and accommodation will be provided.

45 hours of CPD applied for (33 CPD hours, 9 Advocacy hours and 3 Ethics hours).

For further information and to download the course application form, visit: www.southeastcircuit.org.uk The Inns of Court are each offering funding for up to 5 of their members towards the cost of attending the Course. For details please visit the websites of each Inn. The Circuiteer

ROBERT BANKS, AN EXAMINATION OF LASPO 2012 AND OTHER SENTENCING DEVELOPMENTS

BY BARNABY HONE

On 28 January 2013 Robert Banks, are not included in the list, though using a the author Banks on Sentence, spring gun is. There is also an anomaly that gave an authorities overview of the an extended sentence cannot be given to a developments in the Legal Aid, Sentencing defendant who has received the maximum and Punishment of Offenders Act 2012 sentence, so if two defendants are charged (“LAPSO”) and its related developments. The with the same offence, one pleads and one Lecture is part of the on-going education fights, they could in theory end up with the program provided by the circuit. There will same sentence if the one who has pleaded be further lectures this year covering the has his sentence extended, while the one areas of disclosure and the prosecution who was found guilty after trial receives the of rape trials. As anyone who has tried to maximum sentence. grapple with this latest piece of legislation will be aware, straightforward, concise, In relation to youth courts there are and workable, are not words which can be help the situation. It is also notable what four main changes. In relation to Youth applied to LAPSO. The effect of the Act will is not included in the Act. The most high Rehabilitation Orders there are changes in be wide ranging, certainly on the scale of profile exclusion, after much discussion in in the curfew and mental health treatment the Criminal Justice Act 2003. I am afraid it parliament and the press, is the lack of a requirements and the maximum fine for is not in the scope of this article either to 50% discount for an early guilty plea. breaching the order is now £2,500. In cover all the developments in LAPSO or the relation to Referral Orders a Youth Court An example of the confusion LAPSO brings or other Magistrates’ Court need not complete contents of the Lecture, given is the inclusion of appropriate sentences, with Roberts’s customary knowledge and impose a Referral Order when the court rather than minimum sentencing. This proposes to impose a conditional discharge. precision, but hopefully this article can give seems to be a change in language though an overview of a number of salient points In relation to Detention and Training the Judge does have the option of not Orders section 80 makes changes to the which every practitioner needs to be aware imposing the appropriate sentence if the of. penalties that can be imposed for breaches particular circumstances of the case would and procedural changes to breaches of It was pointed out that it is ironic that cause the sentence to be unjust. Detention and Training Order licences. the initial aim of LAPSO was to simplify One of the most important changes in the Fourth, Rehabilitation periods for young the sentencing practices of the courts in act is the change in extended sentences, offenders were also increased so that a all matters. In the white paper preceding which are the replacement to IPP’s, and young offender will not have to declare their the Act it was stated that the aim of the though some of the main problems with IPP convictions as a youth, though the periods legislation was to simplify the law and have been abolished the sentencing Judge of time do vary depending on the offence. remove any hindrance from the court in still does not have complete discretion. New passing fair and appropriate sentences. Furthermore, in the very detailed lecture lists of offences have been included in the hand out Robert highlighted a number Unluckily the Act does not do this, it Act, which significantly extend the offences consists of 154 sections, with 93 sections on of areas, which he also expanded on in covered, but there are some interesting the lecture, where LAPSO has amended sentencing, 27 schedules, 5 commencement anomalies with offences on which offenders orders, and one explanatory note. The previous legislation. In reference to IPP’s can receive extend sentences. Burglary s.123 abolishes IPP’s, DPP’s, and extended lay out of the Act is not particular clear, and Blackmail being two offences which which though not a surprise, does not sentences under CJA 2003 for any

16 News from the South Eastern Circuit

conviction after the 3rd December 2012. a test is passed. Section 142 creates two new New extended sentences have now been offences of ‘Threatening with an offensive put in place. Automatic Life sentences weapon in a public place’ and ‘threatening will be imposed for a list of offences set with a blade or point or offensive weapon out in the Act. The Act makes a series of in a public place or school premises’. Both changes to the powers to fine, including offences require an immediate risk of unlimited fines in the Magistrates’ Court serious physical harm. Section 63 of LAPSO for either way offences or Level 5 offences. provides that the court ‘must consider In regards time spent on remanded in making a compensation order where it is custody. For determinate sentences the days empowered to do so’. This is only a change of emphasis as there was a requirement before to make a compensation order where The most high profile possible. In relation to the rehabilitation of offenders Act 1974, LAPSO amends exclusion, after much the Act so that offences which receive 48 discussion in parliament months imprisonment are excluded from rehabilitation rather than those with a 30 and the press, is the lack of months sentence at present. There are a 50% discount for an early also a mass of further changes to the 1974 Act. No commencement order relating to guilt plea. these have been made. There is also no rehabilitation period for certain immigration decisions and other immigration matters. spent in custody and the half discount for LAPSO also adds hostility and abuse to time on a tag and a curfew are deducted transgender victims as aggravating factor. administratively. It appears that the old system still applies to life sentences. Section This was a very useful lecture which gave 189 enables suspended sentences of 2 a level of insight into this large piece of years’ custody to be made and enables a legislation which all criminal practitioners suspended sentence to be made without will come across in the course of their any requirements. Sections 70-77 make practices. It will be interesting to see how changes to a number of the statutory the legislation is interprets and develops requirements that can be imposed. over the coming years. This article only scratches the surface of the information Section 143 creates a new offence of contained in the lecture. If anybody missed causing serious injury by dangerous driving. this lecture and wishes to watch it, or The offence becomes Road Traffic Act 1988 s was there and wishes to see it again, it is 1A. The offence is an either way offence and available from the circuit. Please contact the maximum penalty is 5 years. The offence Natasha Foy if you wish to buy a copy. Barnaby Hone is a Barrister at One Paper carries obligatory disqualification of at least Buildings and Junior of the SEC 2 years and obligatory disqualification until

17 The Circuiteer

RESTAURANT REVIEW: BRIXTON

BY TETTEH TURKSON

This is a review for our austerity single one of the 32 dishes we had between they shouldn’t miss that or the aubergine times. Grand dinners festooned us. It is worth a visit on any occasion, but the cannelloni. with Michelin stars are now very special offer tasting menu of 6 courses for much the exception. So where do you go £40 is exceptional value, particularly with Perhaps the most significant change to now? I would guess that Brixton doesn’t matching wines for a total of only £55. Brixton’s restaurant scene has been the spring to mind for many. Well when you’ve development of the covered markets. When finished your unpaid conference in HMP A little further down at 192 Acre Lane, but a friend first mentioned Brixton Village I Brixton I’d advise that you tarry a while for with one foot in Barcelona is La Boqueria. It thought that the estate agents had finally dinner. You even have options. was winner of Time Out’s ‘Best New Cheap taken leave of their senses. What I hadn’t Eats’ Award 2012, which makes it sound realised was that off the main street the There are two truly excellent restaurants on rather less than it is. It provides comfortably council had facilitated the development Acre Lane. Dining at Upstairs at 89b Acre the best tapas food I’ve ever had in Britain. of what was once Granville arcade and Lane (the entrance is on Branksome Road) When one looks at the menu it doesn’t look renamed it Brixton Village. I guess the name is a little like going round to a friend’s flat particularly cheap with prices at about £5-8 was chosen to evoke the eclectic nature of for dinner. In fact the restaurant was once a yet somehow every time I have visited I have what is available. There are second hand derelict flat above owners Philippe Castaing come out thinking that the bill ought to clothes shops, African fabric shops, a sweet and Stephanie Mercier’s coffee shop and have been 50% higher. By some alchemy my shop, a gluten free cake shop, at least one whilst it’s now very smart it still feels like flat, group of very hungry and extremely thirsty fishmonger and a lot of restaurants. It is not partly due to the fireplaces burning actual people managed to eat to bursting and for everyone. The facilities are pretty basic. (smoke free) coal. It reminds me Richard drink a lot more than was good for us and A paid unisex toilet block has now replaced Corrigan’s old place, The Lindsay House, still come out at under £50 a head including the frankly horrible public toilet they used to except more bohemian. The food is “modern service. The food is of high quality as well. have upstairs, but it isn’t big enough and it is European” perhaps a little more than the One is always suspicious of a standard menu isn’t cleaned as often as one would like late “British with French technique” that is so that does not appear to change from week at night. The other covered market, Market ubiquitous. Martyn Reynolds, the chef, spent to week and that is perhaps the one failing, Row (sometimes referred to as Brixton time at the 3 Michelin starred La Pergola in however the specials on the blackboard Market), has a similar problem with at lest a Rome, as well as Aubergine and Seven Park are where one finds the real treats. I could few of the restaurants sharing toilets. They Place. happily have eaten my own body weight both also tend to have cheap furnishings of the suckling pick croquetas that were a crammed as close together as is possible Upstairs’s austerity rating is not that high – special last time I visited. The chorizo with which tend to the rickety and often seating at £29 for 2 courses, £36 for 3 it cannot really cider, although not a special is nevertheless spreads into the walkways. There was a be claimed to be cheap – but it is good delicious: chunky pieces of pork heavy laden problem with the temperature as some of value for what it is: high quality ingredients with paprika. One of the marks of a good the walkway seating was freezing, but most cooked to perfection and in orthodox but restaurant is to make me want to order a lot now have heaters. If you are looking for a delicious combinations. I wish I’d taken of vegetables. It takes an excellent one to quiet romantic dinner I certainly wouldn’t notes at my last dinner there so that I could make me like spinach which is even slightly recommend it. However if you are looking do it full justice but on the last occasion I creamed. Boqueria not only manages for a bit of fun and variety then you will went there 8 of us dined and not a single this but had me telling my friends that certainly get that. person was less than complimentary about a

18 News from the South Eastern Circuit

good as that sounds with all the texture you brittle crusts one finds elsewhere even more expect from a genuine minced meat rather like the travesty they are. The secret again is than the pallid, thin offerings one gets from the use of quality ingredients. the mass market. In contrast, The Salon – part owned by A more refined menu than the humble a member of the bar – is a newcomer to burger can be found in Cornercopia. It Market Row. It is a bit of a part timer, only models itself as a tiny restaurant – it has open for dinner on Thursday, Friday and about 20 seats at most – and new kind of Saturday. It is to be found upstairs at Cannon corner shop built on ultra-local produce. It and Cannon’s relatively recently opened boasts that elderflowers are foraged from shop on Market Row and seems a vehicle to Rush Common, which is almost opposite the show off their wares as much as anything prison. That’s all well and good to those who else. The kitchen had a major overhaul not I have certainly not eaten in every restaurant care about such things – of which I confess long after the shop’s opening so that rather in Brixton Village. I have heard good things I am one – but what sustains it is that the than finger food a full 5-course menu is about the Thai restaurant KaoSarn, but chef Ian Riley knows what he is doing. There served at a very reasonable £29. The crispy bad things about Mama Lan’s dumpling are some beautiful combinations which mutton with mint sauce I had in February house. The Brazilian Restaurant looks pretty manage to be both robust and delicate. For was one of the nicest things I had ever interesting and the Agile Rabbit enticing. the purposes of this article I have looked at tasted. They also introduced me to fresh Etta’s Fish restaurant tends to be pretty the February menu and see a spicy breaded curd served simply with sourdough bread empty and having eaten there I can see why. pigeon breast and pickled pear starter which and a little quince jam; utterly delicious. It’s not that it’s actively bad. It’s just that is making me salivate. It is typical of the sort the cooking is imprecise, the combinations of thing one expects from Cornercopia. I am These restaurants are all pretty local to me uninspiring and the variety pretty limited. long overdue a return. so maybe I am a little biased but Brixton is becoming extremely interesting as a food So where should you eat? Honest Burgers Market Row has two standout restaurants area. Maybe it will finally shake the stigma seems to be surfing the current “posh among about a half dozen. The old stager of of the riots and prison and if it does not burger” fashion that has hit London. Every Franco Manca was for a long time a legend actually provoke a trip south of the river, chip and burger lover should pay a visit. I had long heard about but never managed maybe you might stop off from the prison I cannot vouch for the branch that has to visit. Friends were uncontrollably or take the short journey from the south opened in Soho but the Brixton original is enthusiastic about it, but annoyingly the London courts. superb. The rosemary salt on the chips is a restaurant was not open in the evenings. It is masterstroke I haven’t seen elsewhere. At probably the best known of the restaurants Tetteh Turkson is a barrister at 23 Essex Street £8 for a Stilton cheeseburger and chips it on Market Row (also known as Brixton isn’t so much more than Burger King but Market nowadays). It is reputed to have the quality is several levels above. The beef brought the use of sourdough in pizzas to burger is made from free-ranging cattle London. As well as balancing the sweetness raised on the Yorkshire Moors and provided in the pizza it has the effect of retaining by The Ginger Pig. It tastes every bit as more moisture in the crust, making the

19

The Paris Bar Exchange 2013 (Sponsored by the Pegasus Trust) An exchange programme for barristers of all four Inns of Court who have been in practice for up to 5 years. It offers the opportunity to spend the month of September doing a stage in Paris. Avocat members of the Paris Bar of similar seniority spend the month of July doing a stage in London. The Bar of Paris with the Paris Bar School (EFB) offers the following stage to up to four Barristers: • An introductory seminar and other activities at the EFB • A stage in an Avocat’s office, preferably specialising in the Barrister’s field of practice • Attendance at hearings of both interlocutory injunction applications and criminal proceedings • Visits to the Palais de Justice, an administrative tribunal or the Conseil d’Etat with some marshalling • Meetings between young Avocats and Barristers and a reception • Conducting a mock trial in the Palais de Justice in French before French judges Candidates for the exchange programme (who must speak fluent French) should apply not later than Friday 17 May 2013 by Lettre de motivation in French with CV (in French & English) and financial budget to: His Honour Michael Brooke QC, c/o Eamonn O’Reilly Treasury Building London EC4Y 7HL Tel: 0207 797 8210 Fax: 0207 797 8212 Email: [email protected] Interviews will take place in the Inner Temple within a week of the closing date. While candidates will be responsible for their own travel, keep and accommodation, a lump sum of £750 towards costs will be payable by the Pegasus Trust. Successful completion of the exchange programme will entitle participants to 10 CPD points. The exchanges have been a great success, both in Paris and London, since 1999.

Vive l’Entente cordiale! News from the South Eastern Circuit

BAR MESS REPORTS

Judge Hollis’ judicial career started in He said that he could honestly say that CENTRAL LONDON Sussex sitting as a District Judge in he had enjoyed every working day of his ‘It’s all go at Woolwich. We reported in Eastbourne. He was soon to be made up to “legal” life and he said that he couldn’t the last Circuiteer the appointment of Circuit Judge and regularly sat in Hastings have asked for anything more from his HHJ Hilliard QC as resident judge. But a and Brighton County Courts. Judge Hollis legal career.” said he preferred civil law, but he became few months into the job and we hear he Her Honour Judge Suzanne Coates has is to be appointed Recorder of Greenwich well known for his great sense of humility and sensitivity in complex Care Cases. also announced her retirement from the at the end of March. Our heartiest Bench this coming August. Judge Coates congratulations. Although retiring from the Bench, Judge Hollis is planning to extend his career into was appointed in 1998, having practiced As an aside, he has got off to a cracking the area of civil mediation. as a barrister for much of her career start by, among other things, overseeing in Sussex. Judge Coates became the the introduction of the early guilty plea After 21 years as a Circuit Judge the Designated Family Judge at the Brighton scheme. There was a good turnout to former bus and taxi driver His Honour Family Centre and is well known not only the introduction in December and early Judge Richard Brown DL has decided to for the huge work load she managed but figures are encouraging. hang up his wig. Judge Brown had various more importantly for the considerable jobs, including the Merchant Navy, bus skill and expertise she brought to the We are also delighted to welcome HHJ driving and taxi driving, between leaving Bench. We all wish Judge Coates a happy ‘Tommy’ Tomlinson to Woolwich after school at 16 and starting on a law degree retirement sailing off the shores of three years in Birmingham. Clearly at age 23. He was called to the Bar in Gibraltar with her husband Judge John Plumstead’s allure proved irresistible and 1972 and practised in Sussex until being Tanzer. for that we are glad. appointed to the full time Bench in 1992. He became Resident Judge at Lewes in The departure of three such highly Blackfriars crown court is holding its 1996 and was upgraded to Senior Circuit regarded senior judges who have brought Spring drinks party on 18th April so roll Judge in 2007. In 2008 he was made the so much to the Sussex Bar Mess will be a up, roll up. first Honorary Recorder of Brighton & sad loss to the profession. Hove. He has been a Deputy Lieutenant of We await news of the replacements for all Otherwise, on all other fronts, things the County of East Sussex since 2004. remain relatively quiet. three judges but it has to be said they will In his email announcing his intention be a hard act to follow! P.S. Congratulations also to our esteemed to retire at the end of June 2013, Judge Tim Bergin head Rosina Cottage QC on her first week Brown said that he had had 21 wonderful sitting as a Recorder. At Woolwich of years as a Judge and that he felt that course.’ his “sell by date” had been reached and KENT it was time to give somebody else the Central Lines opportunity of leading the team at Lewes. As the snows of winter melt and the He was also concerned that there were so crocuses and daffodils burst through SUSSEX many high quality prospective new judges with their message of new beginnings in the pipeline who would not get an and hope, thoughts turn to the imminent We are seeing some major changes taking appointment if Judges like him continued AGM and the changing of the guard at place in respect of the judiciary in Sussex. to “bed block”. the Mess; on behalf of the Kent regulars I’d like to thank Richard Barraclough QC, Having said goodbye to His Honour Judge He praised the quality of his team of John O’Higgins and Paul Tapsell for their Hollis earlier this month, we have been Judges, and his loyal and hardworking three years’ service and we look forward to informed of the imminent departures of staff. He described the Sussex Bar as great a host of volunteers vying for the roles of both Her Honour Judge Coates and His advocates and great friends. Chair, Senior and Junior of the Mess. Honour Judge Brown.

21 The Circuiteer

Looking back; in November we had the followed, with the fulsome pursuit of new Annual Dinner at the Crypt. Sir David THAMES VALLEY joint interests including wide ranging Penry-Davey giving a suitably uplifting Amongst all the doom and gloom in the international travel. In 2009 disaster struck and positive address, encouraging the Thames Valley this Spring – the increased when Peter was diagnosed with prostate Mess to endure the present difficulties, caseloads for our in-house Advocates, the cancer. He battled stoically against Barraclough gave a moving speech ups and downs of the EGP scheme, the the advancing illness but it took an declaring his love for all and sundry and threat of QASA and BVT/OCOF looming – unshakeable hold. As transport became Tapsell thanked those individuals who still we celebrate the incredible 26 years His problematic, he transferred from our insist on paying their subs in the sum of Honour Judge Compston spent on the patch to Ipswich, closer to the couple’s one guinea. The following day, a number bench. HHJ Compston, or ‘Compo’ as he home. With his trademark steadfast of still slightly-befuddled individuals was fondly known, retired from his judicial resolve, he managed to keep sitting there attended the Canterbury Court Lock-in duties on 25 January 2013. Impossible to until late last year, never complaining as (raising over £1,500 for Victim Support), sum up the Compo legacy in words, he the cancer wracked his weakening body. appearing in various guises in a range will be sorely missed in both the family In the days before his death on 15th of displays of sentencing and the art of and criminal courts in Oxford (and most March, Peter calmly observed: “I have trial advocacy; particular thanks must go acutely from the dock!). We all wish him a done more than most. I have loved and to Philip Sinclair and Tom Stern for their long, happy and well-deserved retirement been loved. I have good friends and my performances prosecuting and defending and look forward to raising a glass to him only wish is that I could spend more time Romeo; the defendant’s enthusiastic on Saturday 18 May 2013 at his retirement with those who I will leave behind.” celebrations upon his acquittal were dinner at the Ashmolean Museum in Unknown to Peter, his beloved Maxine typical of many of the individuals who Oxford. have walked out of Court 6 after a trial died just a few hours before him, at their without a stain on their name! Jane Brady home. Stunned colleagues gathered to hear moving tributes paid at Essex Courts In February we said farewell to Michael on Monday 18 March: by HHJ David Turner O’Sullivan after ten years’ sitting in ESSEX QC and Gareth Hughes at Chelmsford; Canterbury. The tributes from the Bench HHJ John Lodge and Simon Spence QC and Bar made reference to his good A superb Mess dinner at the palatial at Basildon. A fuller obituary, penned by humour, excellent judgment, love of Savile Club in Mayfair on 23 November Peter’s very close friend and colleague rugby and propensity to injure himself in 2012 seems a long way back now, given Martyn Levett, can be read on the 18 Red all manner of ways; there’s nothing I can a ghastly run of awful news since. The Lion Court website. usefully add to that summary of the man! original draft of this bulletin had to be We wish him a long and happy retirement. discarded when we were rocked by four Our other bereavements involve two deaths, in as many weeks, among our long-serving and much loved members The works at Maidstone should, by the close family in the Essex Courts. These of Crown Court staff: Lyn Saunders who time you read this, be completed; I included the shocking double loss, within served at Chelmsford for more than understand that apart from a few “Captain hours of each other, of Judge Peter Fenn two decades and Sally Aksoy who was a Oates”-incidents, most of the staff and his wife Maxine. Southend/Basildon usher for 8 years. At survived the experience and hope to have the point of her retirement a couple of thawed out by June. It’s just as well the Both in terms of his Essex pedigree and years ago Lyn was an usher, but she will plans for paperless prosecutions haven’t generally, Peter was a thoroughbred. He be best remembered as the welcoming come to fruition otherwise there wouldn’t was raised in Thorpe Bay and educated face of Chelmsford at Reception. She was have been anything to burn during the locally. Called in 1979, after Oxford and besotted with all things elephant and her cold weather! pupillage under David Calvert Smith (as cubby-hole was densely populated with he then was) Peter became a specialist cuddly toy manifestations which, like As for the future (in addition to the criminal barrister with East Anglian their owner, softened the harshness of excitement of the AGM!); there will be the Chambers and then 18 Red Lion Court. the Crown Court building. Lyn was one of annual Kent Bar Mess v Court Cavaliers After just two years as a Recorder (often life’s innocents, to the extent that she was cricket match at the end of May and there sitting in Basildon and Southend), he was blissfully unaware of the double entendre may even be a Mess Garden Party in the appointed in 2005 to the Circuit Bench, of her famous tannoy announcement: Summer; watch out for posters in the based at Chelmsford. Highly regarded as “would counsel floating in Seaman please Mess and yet more emails from the (new) he had been as an advocate, Peter took to report to the List Office.” Lyn remained in Junior! judicial appointment like an elegant swan close contact with her Court friends and to water. In 2000, in his mid-forties, Peter their regular get-togethers were a source Ian Victa had married Maxine, a local CPS worker of mutual pleasure which will, like the ten years his junior. Nine blissful years dear lady herself, be very sadly missed.

22 News from the South Eastern Circuit

Her passing was marked by a touching With a further theatrical flourish, Resident personal appreciation in Court by HHJ Judge Charlie Gratwicke produced the Christopher Ball QC. Union Flag and announced a special If you wish to contribute dispensation for it to be flown above the any material to the next Sally Aksoy went about her duties in an Court, for the first time in twenty years, to issue of The Circuiteer, unobtrusive but extremely effective way. honour “a man of courage, compassion, please contact: A former costumier with English National honesty and justice.” Opera, when Sally spotted a damaged Ali Naseem Bajwa QC judicial robe her instinctive reaction was Anthony Kirk QC, a former colleague at 1 [email protected] summarily to effect an expert repair. She King’s Bench Walk, spoke of the Judge’s faced cancer with the same no-nonsense pioneering work and publications in practicality, to such an extent that even family law. He was joined by other old local Bar regulars remained unaware friends from their set, including the that she was ill. A memorial ceremony Judge’s former clerk. Susan Murphy, in a packed Court One at Basildon, a Chelmsford Crown Court ‘Delivery couple of days after Sally’s death, was Manager’ (frankly, not nomenclature of rendered heartbreakingly poignant by the which His Honour would approve), lived attendance of her 14 year old son Tom, up to the title by giving an emotional for whom she had in recent times been farewell expressing the best wishes of the a single parent. Sally would have turned staff. On behalf of the Mess, appreciation fifty this September and had booked was voiced of the Judge’s pragmatism, his a birthday trip north in search of the sensitivity and his expressive countenance aurora borealis. Tom is now determined to – particularly “the judicial eyebrows, that fulfil that ambition on his mum’s behalf. most effective barometer of how your HHJ Lodge presided over the second case was going”. The assurance was given valediction of a desperately sad week, that “the respect and esteem in which lightened by the consignment of his Your Honour has been held over all those favourite West Ham pencil case to the years will be matched only by the true waste bin as a mark of respect to Sally, a warmth and affection with which you’ll be Chelsea fan. Moving tributes included a remembered.” speech by His Honour Philip Clegg, the ‘grandfather’ of Basildon Crown Court, A Bar Mess Dinner in HHJ Hayward-Smith’s who occupied a seat in counsel’s row for honour is set for Friday 17 May at Gray’s the first time in a quarter of a century. Inn – details from our Junior, Sasha Bailey – [email protected] We send our deepest condolences to the loved ones of our four friends. Finally, our late congratulations to ‘Billericay Dickie’ for securing his berth in These grievous losses were preceded by the Lilac Lifeboat. We now understand all a departure of an altogether different the desk-clearing that was going on last flavour when HHJ Rodger Hayward year. Smith QC retired on 22nd February. A packed Court, including the visiting Mr Joking aside, competition for judicial Justice Fulford, gave a jolly send-off to appointment has never been tougher and mark 32 years of judicial service (from we are delighted for our recent Leader. appointment as Assistant Recorder in Sad as we are to see our man taken out of 1981) culminating in more than a decade Essex, this is very much Harrow’s gain. (“the icing on the cake”) as a Circuit Judge Southend Pierre in Chelmsford. From audio equipment ordinarily reserved for playing tedious interviews and distressing 999 calls, the 1901 march ‘Blaze Away’ rang out as entrance music – an allusion to the Judge’s reputation for outspoken candour on the bench.

23 South Eastern Circuit Annual Dinner 2013

Middle Temple Hall Friday 5 July 2013 at 7:00 for 7:30pm

Guest of Honour: The Hon. Mr Justice Saunders

Contact: Judges/Silks: £80 Natasha Foy Juniors: £45 289-293 High Holborn Under 7 years call: £35 London WC1V 7HZ DX 240 LDE CH LANE Dress Code: Black Tie Email: [email protected] www.southeastcircuit.org.uk

The Circuit will be subsidising the cost of this event The Circuiteer is designed and produced by Sparkloop