News from the South Eastern Circuit THE CIRCUITEER INSIDE THIS ISSUE 7 8 12 14 20 Wellbeing at The Times They Essex Bar Mess Marine A – The Two recent the Bar Are a-changin’ Report Fog of Law dinners for the Circuit THE RECORDERS MEMORY OF CAMBRIDGE TRAP By Judge Tony Bate By Dr. Julia Shaw In the first of a two part article, Judge Tony Bate traces the history of this civic office and its recent Our memories, even revival in Cambridge, our most important where he sat between ones, can be just 2007 and 2013 before an illusion. moving to Norwich. See page 10 See page 16 Has the United States LEADER’S REPORT of America failed international justice by not THE WAY signing up to the TO MAKE International THE CROWN Criminal Court? COURT WORK By Katherine Duncan By Kerim Fuad QC See page 13 See page 3 THE CIRCUITEER Issue 43 / July 2017 1 News from the South Eastern Circuit EDITOR’S COLUMN Karim Khalil QC type this looking out over expended on trying to confront Cambridge. No doubt there are an unusually sunny London and improve the GFS in criminal similarly fascinating pockets Iday as the Pride March brings cases only to find that the of knowledge across the much-needed colour and joy Government surrendered its Circuit, so let no Judge keep to a beleaguered city. This majority position and with their pen dry … seems to chime tunefully with it the Lord Chancellor … we As ever, we extend a very warm the increasing awareness of can only lend our continuing welcome the many recent the importance of tolerance support to those who work appointments and hope that and support for all, as Wellness on our behalves to try and re- the fabulous parties held in at the Bar and elsewhere kindle the discussions, perhaps celebration are matched by is taking central stage for invigorated by the news of the continued success. Thank you professionals and politicians end of austerity: or did I miss to those who have served the alike. A glance across the page mention of lawyers, in the Bar and Bench but who have allows our Circuit Leader to endless calls made for more recently retired, or announced address some of the practical money to be made available in an intention to do so. It really implications of trying to make the public sector?! is a time of huge change on our work places more attuned The arrival of the summer the Bench, as is revealed in to the needs of those without sun heralds the beginning of our article focused upon the whom “the system” will simply the big Charitable season – in roll-call of Bailey Judges who collapse: hopefully the recent addition to the increasing are finding pastures new … it Bar Protocol on Sitting Hours hours of pro bono work that will surely not be long before will be a welcome step in we undertake, many are giving another Inquiry is headed up by that direction. of their “leisure/free” time to one of their number? The ambitious roll-out of the try and make the world better Have a wonderful summer; Bar-wide training in relation to for the less advantaged. So don’t forget to make the most the treatment of ‘vulnerable many initiatives are supported of our ability to travel to the EU witnesses’ has placed a by the Bar that one is almost without needing a Visa; return huge strain on many who are bound to cause upset by failing refreshed and looking forward already involved in the most to mention them all, so please to an Autumn full of promise difficult work. The details of let us know about any special – or at least another edition of the local implementation of events so that they can be The Circuiteer! the arrangements for Section included in the next edition. 28 Hearings and the related Meanwhile, the annual Legal Many thanks to all who have litigation will be critical to Walk has already raised much contributed to this edition, the success of the statutory for many fine causes; the Legal with special thanks to my initiatives – we rely on Garden Party in Middle Temple sub-editor, Adam Morgan, and members of the Bar Messes provided a fun and sociable the indefatigable Aaron Dolan to be vigilant in ensuring conduit for some spare pennies who manages to ‘persuade’ so that the good intentions of and the Prudential London100 many to help The Circuiteer this initiative do not become cycle at the end of July will do and the S.E Circuit. Sam so burdensome that fine likewise – feel free to witness Sullivan has surpassed himself practitioners abandon this the pain of many members of in continuing to prepare the work: may I venture to Drystone Chambers as we aim edition with his colourful eye suggest that the relations with to improve on the £17,000 we and quiet patience in the face implementing Judges have raised last year. of my editorial delays. never been more important. The request for Judicial Now, back onto the Once again the publicly funded contributions continues turbo trainer for another Karim Khalil QC sections of our profession are to be well supported – we few hours of “virtual facing political uncertainty reveal part 1 of an historical cycling” glory – Prudential Drystone Chambers – so much effort had been view of the Recorders of London100 here I come! Editor The Circuiteer If you wish to contribute any material to the next issue of The Circuiteer, please contact: [email protected] 2 LEADER’S REPORT THE WAY TO MAKE THE CROWN COURT WORK by Kerim Fuad QC, LEADER OF THE SOUTH EASTERN CIRCUIT Kerim Fuad QC 1. Enforce deadlines of the conference with the defendant, either in learn that a prisoner “has been moved to person or on PVL, before the hearing. I am a different prison.” Simple communication service of papers told, and have often experienced first- is all that is needed by the prison. The For the criminal justice system to work hand, that the waiting times for booking prison must have the solicitors firms’ and efficiently, the CPS must serve the case conferences at some prisons are up to 3/4 barristers’ contact details on the system. weeks’ long (Eg HMP Pentonville). This papers on time, which must include a (d) Poaching properly drafted indictment. Judges must is of crucial importance considering the enforce this robustly. If not, then it simply issue of credit for pleas. Many solicitors have expressed their concerns as to the increasing amount cannot practically work, as advocates There is also the very real practical of applications to transfer legal aid. will be operating under unworkable problem of the need for an advocate There are reports that some firms are timelines. Solicitors simply do not have to get a written endorsement from actively poaching clients, even offering the resources at their disposal to waste a defendant of their desire to plead young clients something as simple as valuable time chasing papers or reacting guilty, which cannot be done unless the new trainers in return for the transfer. to the last minute service of papers. defendant is there in person. They do not understand why, in this 2. Papers must PVLs are often limited to 15 minutes. This modern age, prisons don’t have the is often not enough time for an effective existing representation order available be sent to the conference, especially when the matter on their computer system so that only instructed advocate asap is complex or the defendant has mental the firm who is shown on record is health difficulties. allowed access. Once served upon the solicitors, the papers must be sent to the advocate who It is obviously far easier for an advocate (e) The process for allowing advocates’ will have responsibility of defending the to obtain the trust of a defendant, provide laptops into prison must be made easy case. Equally the CPS must send papers the robust advice often needed, and and nationwide. There must be adequate to instructed counsel. This should be persuade them effectively to consider a facilities for defendants to be able to see now much easier as the case is simply guilty plea if the conference is face-to- evidence electronically in prison. uploaded onto DCS. face in the same room. 4. Proper service of The advocates must be invited onto the (b) Priority processing of advocates’ visits Digital Case System there and then. over social visits at all prisons paginated and full bundle The CPS and defence solicitors must Prison governors should ensure that, The current payment scheme is based make the decision whether to instruct when both “legals” and “socials” arrive for almost exclusively on a page count. counsel, and electronically send them the prison visits, “the legals” are processed We know that this will soon change. papers in good time before the hearing, FIRST to ensure that they have maximum We await the government’s response and preferably as soon as the CPS serve time with the client. At present, at HMP to the consultation response. However, the papers on the solicitors. Belmarsh prison, an advocate always has for now, we are stuck with it. So in the to wait some time for “the socials” to be meantime, to incentivise advocates, a 3. Conferences: reasonable processed first by which time the slot proper and full page count (statements allowed for your conference can go down and exhibits) should be served before or time for conference to as little as 20 minutes.