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Radical Changes in DNA Analysis Emerging Technologies in Forensic Genetics Evidential Testing Secret Trials CRIMINAL BAR QUARTERLY ISSUE 4 | WINTER 2014 Radical Changes in DNA Analysis Emerging technologies in forensic genetics Historic Sexual Off ences Publication of Eff ect of Delays 2 CONTENTS VIEW FROM THE EDITOR Winter 2014 - Issue 4 | Criminal Bar Quarterly CBA COMMITTEE MEMBERS FEATURED IN THIS ISSUE EXECUTIVE OFFICERS Chairman Director of Education 2 New Generation Tony Cross QC James Mulholland QC John Cooper QC Vice - Chairman Equality and Diversity Mark Fenhalls QC Director 3 Professionalism and Commitment Treasurer Eleanor Mawrey Thomas Payne Director of International Tony Cross QC Secretary A ff a i r s Michael Duck QC Emma Nash 4 Historic Sexual Off ences and Stay Proceedings Assistant Secretary Editor of CBQ Richard Bentwood John Cooper QC Genevieve Reed on the eff ect of delays ELECTED MEMBERS Silks Sally Anne Hales QC 6 Radical Changes in DNA Analysis Eleanor Laws QC Orlando Pownall QC Kristiina Reed and Denise Syndercombe Court on the Over 7 years’ call Under 7 years’ call Mark Bryant-Heron Katrina Jamieson emerging technologies in forensic genetics Jonathan Lennon Emma Stuart-Smith Eleanor Mawrey David Wood James Vine 10 Bar Conference 2014 Martin McCarthy ELECTED CBA SUPPORTED BAR COUNCIL REPRESENTATIVES 12 Testing Testing Alex Carlile QC James Hines Richard Gibbs asking, what is in the public interest? (Lord Carlile of Berriew QC) Edward Henry Paul Mendelle QC Hannah Kinch Nigel Sangster QC Neil Ross 15 Secret Trials Lesley Bates Nicholas Worsley Max Hardy Dan Bunting on open justice BAR COUNCIL REPRESENTATIVE Tony Cross QC CIRCUIT REPRESENTATIVES MIDLAND CIRCUIT NORTHERN CIRCUIT VIEW FROM THE EDITOR Ian Bridge Simon Csoka QC Sarah Buckingham Sarah Griffi n Tom Schofi eld Adrian Farrow NORTH EASTERN CIRCUIT SOUTH EASTERN CIRCUIT New Generation Ian Goldsack Charles Burton Caroline Goodwin Rosina Cottage QC Claire Larton Phillipa Page EDITOR WALES AND WESTERN CIRCUIT CHESTER CIRCUIT Kate Lumsdon John Cooper QC Christopher Clee QC William Mousley QC Jonathan Elystan Rees Christopher Quinlan QC Owen Edwards CO-OPTED MEMBERS Valarie Charbit Max Hill QC Chris Henley Michael Turner QC Dean George have just fi nished a weekend away ad- should be encouraging to seize the James Wood QC Mark Traff ord I Jeremy Dein QC Sophie Shotton vocacy training law students studying chance of becoming a part of the future Kerim Fuad QC Daniel Sternberg for, what I called the Bar Finals. generations of our profession. Paul Keleher QC Richard Wormald Media Committee To say that I was inspired by their For my part, I am fed up with the Sarah Vine Dan Bunting drive and enthusiasm would be an monotony of pessimism expressed by Tom Wainwright CPS Liaison O cer understatement. some. Yes, lets be realistic, lets give Peter Wright QC Th ese young people from diff erent the practical advice, but then, when Ex O cio Chairman - Administration Nigel Lithman QC Aaron J Dolan backgrounds studying at places all over the next generation decide to take Ex O cio Secretary - T: 01304 849 149 Dermot Keating [email protected] the country displayed the talent and their chances we should encourage tenacity which would be welcomed them, rather than foisting upon them PUBLISHING DETAILS in any profession. Th e fact that many our own dissatisfaction, bitterness or All submission and editorial inquiries to John Cooper, 25 Bedford Row, London, WC1R 4HD expressed real ambition to come to disappointment with our lot. [tel] 020 8686 9141 [email] [email protected] the Criminal Bar only reinforced my My work with a number of charities CRIMINAL BAR QUARTERLY is the Journal of the Criminal Bar Association. It is published 4 times a year by LexisNexis on determination to do what I can to and voluntary organizations supporting behalf of the Criminal Bar Association. protect the Criminal Bar as a diverse the chances of students from diverse Magazine Editor: Diana Rose [email] [email protected] [tel 020 7400 2828] profession. backgrounds to succeed, not only Head of Display Advertising: Charlotte Witherden Of course, these students realized in the law, exposes me to the drive, [email protected] [tel] 020 8212 1980 [mobile] 07919 690362 what a challenge making out at the talent and, yes, courage that is the Printed by Headley Brothers Limited, Ashford, Kent. Criminal Bar is in the present day and preserve, perhaps of youth. We have a This product comes from sustainable forest sources. they listened carefully to the wise words responsibility to inform it, but not to The views expressed by CBQ’s contributors or advertisers are not necessarily those of the publishers or the CBA. of caution regularly directed at them. destroy it. © CBA ® 2014 But if we are to prevent the Criminal Bar degenerating into its privileged 25 Bedford Row and elitist model of only a few decades The views expressed here are not necessarily Cover image: Getty images Cover ago, these are the very people who we the views of the Criminal Bar Association. Criminal Bar Quarterly | Issue 4 - Winter 2014 CHAIRMANS COLUMN 3 Professionalism and Committment Wherever we went we found men and women of all seniority making a contribution; to Chambers, to circuit and to mess, to the Advocacy Council, to pupil training, to charity, to Kallisher, to the Bursary fund and to a myriad of other aspects of the profession. Men and women of real CHAIRMAN’S COLUMN talent who are committed to ensure Tony Cross QC that the profession survives. They and I refuse to accept that the profession is finished. We may suspect (but I do not know) that I am They like the followers of the football be few in number but remember it is Ithe first Chairman of the Criminal clubs in their region demonstrated a not the size of the dog but the size of Bar Association who has ever been passion and commitment for the Bar. the fight within it that is important. desirous of joining the 92 Club. This is All they require is a fair day’s pay, The Criminal Bar united together as a no secret drinking den in any city or a (paid promptly and in full) and the team will not be defeated. private members club of any kind; it is opportunity to develop their career I cannot end this note without as those who have not already switched and progress. They want to operate adding my thanks to Nick Lavender off a club for those that have visited on a level playing field with their QC. There have been good Bar every football ground in England and competitors and nothing more. Is that Chairman and bad. It is often said that Wales. I have but 16 left to complete. I really too much to ask of a profession there have been those in it for their own have visited grounds in every corner of which has served this country for over good. Nick Lavender is not one. We, the kingdom and over the years have five centuries? One thing though is the CBA, owe him a debt of gratitude. observed the differences and similarities certain about those members that we It has been a privilege to work with between supporters of each club, but saw is that they now have a passion and him these past 12 months. If I were a wherever I have been the passion for commitment to fight their corner. By Government Minister I would move football has always been consistent. the time you read this I am certain that very quickly and appoint him to the In November, I joined a different CBA membership will be at an all time House of Lords and make him Lord Club. It is one that Mark Fenhalls high; our organization is better than Chancellor – we soon would have a cost and I have founded. It is now known ever before and we are able to respond effective and fully functioning Legal as the 5 Circuit Club because in quickly and effectively to any threat to system, which once again would be the November Mark Fenhalls, Aaron our existence. envy of the world. Dolan and I visited each Circuit and met with representatives am now though in the six club because this month I have visited every circuit outside the SE. Myself, MF and Aaron met with Barristers and their clerks the length and breadth of the land. We were welcomed wherever we went by leaders, Heads of Chambers, CBA representatives, Clerks and Administrators who helped us better understand the difficulties faced nationwide by Counsel. We learned of the huge number of problems faced by Counsel practicing in crime in order just to get by and by the time we were finished my resolve had hardened to do whatever I can to fight for the independent Bar. Our profession and our staff are committed to providing a service that has been undervalued by government after government. Yet everywhere we went we saw men and women of real talent doing their very best to see justice done – prosecuting and defending in the teeth of adversity. 4 OFFENCES Winter 2014 - Issue 4 | Criminal Bar Quarterly Historic Sexual Offences and Stay Proceedings Preface allegation of burglary, for example, would not proceed after Effect of delays 63 years, not least because it is difficult to imagine any reason for the justification for the delay. But it is because of this Contributor that it is naive for the courts to suggest that historic sexual Genevieve Reed allegations are treated the same way as other types of historic allegation. In this jurisdiction because the test for an application to ssessing the effect of delay on criminal proceedings is stay is, arguably, too high, accordingly, it is only very rarely Aan increasingly obdurate problem.
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