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Finding the Truth Analysis of El – Masri Exposing the Myth – Jury Research Human Trafficking CRIMINAL BAR QUARTERLY ISSUE 2 | SUMMER 2013 Finding the Truth Analysis of El – Masri WITNESS COMPETENCY HEARINGS Publication of Questioning vulnerable witnesses 2 CONTENTS VIEW FROM THE EDITOR Summer 2013 - Issue 2 | Criminal Bar Quarterly CBA COMMITTEE MEMBERS FEATURED IN THIS ISSUE EXECUTIVE OFFICERS Chairman Director of Education 2 Fight the Good Fight Michael Turner QC Jonathan Laidlaw QC John Cooper QC writes on recent events Vice - Chairman Equality and Diversity Nigel Lithman QC Director Treasurer Kim Hollis QC 3 A Line in the Sand Thomas Payne Director of International Michael Turner QC Secretary Affairs Dermot Keating Amanda Pinto QC Assistant Secretary 5 Witness Competency Hearings Toyin Salako Professor Penny Cooper on questioning vulnerable witnesses ELECTED MEMBERS Silks Eleanor Laws QC Sally Anne Hales QC 7 Defending Victims of Human Trafficking Patricia Lynch QC Orlando Pownall QC What is human trafficking? Felicity Gerry and Emilie Pottle write Over 7 years’ call Under 7 years’ call Jane Bickerstaff QC Katrina Jamieson 10 Finding the Truth Mark Bryant-Heron Helen Lyle Eleanor Mawrey (deputy Emma Stuart-Smith Ramya Nagesh on criminal investigations and the truth Equality and Diversity director) Martin McCarthy ELECTED CBA SUPPORTED 12 Exposing the Myth of Jury Research BAR COUNCIL REPRESENTATIVES Professor Cheryl Thomas examines the debate on juries and jury research Alex Carlile QC James Hines (Lord Carlile of Berriew QC) Edward Henry Paul Mendelle QC Hannah Kinch Nigel Sangster QC Sailesh Mehta Lesley Bates Neil Ross Max Hardy Nicholas Worsley VIEW FROM THE EDITOR CIRCUIT REPRESENTATIVES MIDLAND CIRCUIT NORTHERN CIRCUIT Ian Bridge Simon Csoka QC Fight the Good Fight Tom Schofield Nicholas Kennedy Ben Williams Ian Whitehurst NORTH EASTERN CIRCUIT SOUTH EASTERN CIRCUIT EDITOR Caroline Goodwin Charles Burton John Cooper QC Claire Larton Rosina Cottage QC Ian West Phillipa Page WALES AND WESTERN CIRCUIT ver the last few months I doubt The presence of the CBA at that CHESTER CIRCUIT Kate Lumsdon William Mousley QC O Paul Lewis QC whether I’ve seen so much unity protest and at all the others that have Jonathan Elystan Rees Christopher Quinlan QC Owen Edwards between the two branches of the legal taken place throughout the country profession. I honestly believe that Mr stands testament to the central role that CO-OPTED MEMBERS David Hislop QC Ruby Hamid Grayling thought that he could drive the CBA is taking in this important James Wood QC Dean George through his hopelessly ill-conceived plans fight. From the Ministry of Justice Paul Bogan QC Mark Trafford Kerim Fuad QC Sophie Shotton by causing division between both the Bar roadshows, the sell-out meeting of the Michael Duck QC Tom Wainwright and solicitors. South Eastern Circuit and including Ex Officio Administration With important leadership from this the support of our colleagues on the Chairman Max Hill QC Aaron J Dolan Secretary Nathaniel Rudolf [email protected] Association and the inspirational actions Northern Circuit who led the way, the Treasurer Edmund Vickers of the circuits, there can be no doubt that CBA can look back at this time with a Editor of CBQ whatever opinion the Justice Secretary great deal of pride in what it has done. John Cooper Q.C had of publicly funded lawyers, he now In many respects CBQ represents PUBLISHING DETAILS knows at least one thing, we are not less frantic times when the Criminal going to be walked all over by a man Bar might have been able to at least All submission and editorial inquiries to John Cooper, 25 Bedford Row, London, WC1R 4HD who has shown little understanding and take a breather and read articles that [tel] 020 8686 9141 [email] [email protected] CRIMINAL BAR QUARTERLY is the Journal of the Criminal Bar appreciation of the vital role that the are not only related to legal practice but Association. It is published 4 times a year by LexisNexis on Criminal Justice system has in sustaining were also entertaining. We continue behalf of the Criminal Bar Association. a fair and democratic society. to do this, as well as reflecting these Magazine Editor: Diana Rose [email] [email protected] [tel 020 7400 2828] It was brought home to me recently unprecedented events. Head of Display Advertising: Charlotte Witherden when I spoke at the London Criminal It is right and proper that the [email protected] [tel] 020 8212 1980 [mobile] 07919 690362 Courts Solicitors’ Association protest in CBQ also extends its gratitude to the Printed by Headley Brothers Limited, Ashford, Kent. Parliament Square on May 22. During vital work of this Association and in This product comes from sustainable forest sources. my address to the hundreds of colleagues particular its Chair, Michael Turner The views expressed by CBQ’s contributors or advertisers are not necessarily those of the publishers or the CBA. who attended that event, I suggested that QC. © CBA ® 2013 for the duration of our campaign at least, we should stop referring to ourselves as 25 Bedford Row barristers and solicitors but simply as legal professionals, emphasizing the complete The views expressed here are not necessarily the Cover image: Getty images Cover unity and common purpose in our cause. views of the Criminal Bar Association. Criminal Bar Quarterly | Issue 2 - Summer 2013 CHAIRMANS COLUMN 3 A Line in the Sand minimum of 17.5 % from graduated fee cases (likely 25% ). The impact of these cuts will make it uneconomic for criminal barristers to remain in chambers. Many will work from home or give up altogether. That will have a devastating effect on the number of pupillages available, already at an all CHAIRMANS COLUMN time low. Michael Turner QC Currently, 1,700 students pass through Bar school, competing for 340 his is not a speech to depress and An actual exchange that took place pupilages. With no training for the Tdemoralize but one that I hope will between a lawyer and the MoJ civil Bar available, the Bar will wither on make us all realize that with unity servant at the road show in Leeds in the vine and die. The vast reduction in and effort we can save the professions May: pupillages has a commensurate impact and the independent judiciary from on E & D within the profession, oblivion. The Barrister effectively paving the way for white I invited Marylyn and Dan (new Q: do you accept PCT will lead to male, self-financing entrants. to the Bar) to speak tonight because lower quality? Once the Bar has been dispersed, I knew you would have no stomach and the corporates move in as suppliers, for platitudes from a judiciary who The Civil Servant those remaining at the Bar will be appear to have been effectively muzzled A: I’d accept it will be a different level forced in-house. The Bar will then be (with too few notable exceptions) from of quality trained within a corporate setting. The voicing dissent to proposals which will You only have to look at the grading ethics and integrity of the profession ultimately destroy their independence system deployed to rank to the in house will disappear to be replaced by an and so affect the public interest. CPS to realize that the only route to interest only in a corporate philosophy. Marylyn and Dan I hope remind excellence is through client choice and As with solicitors, the new fee us all of careers just starting and a competitive market. structure incentivizes the guilty plea beginning to blossom that we are providing a source of conflict between fighting for, and fight we will. It was Max Hill QC who started a the barrister and the best interests of When I started ranting about the trend that I hope I have followed. A their client. likes of Eddie Stobart’s taking over our philosophy of drawing lines in the sand Our Judges are largely drawn from legal profession a lot of people thought never to be crossed, of communicating the Bar. They are hugely regarded I was exaggerating for effect. You now with those we represent and most worldwide for their intellect and know I was not. Eddie Stobart’s has importantly seeking to put your wishes independence. Indeed, the Government now declared their hand and it tells you into effect. rely on tax revenues produced by those everything you need to know about the future. He has disdainfully likened the solicitor profession to wounded animals waiting to die. They tell us they have Once the Bar has been dispersed, and the corpo- 1,000 barristers at their disposal, they rates move in as suppliers, those remaining at the Bar publish no list. Curiously, it is the will be forced in-house. The Bar will then be trained exact number who are registered on within a corporate setting. The ethics and integri- the Bar Council direct access register. Like a corporate blood sucker all they ty of the profession will disappear to be replaced have done is fool the public by placing by an interest only in a corporate philosophy. themselves as a middleman between the Bar and the public, collecting a fee for what the public could directly access for themselves. What has the I hardly need to reiterate what effect seeking to litigate their disputes in Bar Standards Board done about it. these proposals will have on the legal the English Legal system. As a result Precisely nothing. They really are good profession. But I do want to highlight of that reputation. The disappearance value for the £6m we pay them. just two. of the Bar will lead in a short time to Some were even more incredulous PCT is not proposed for the Crown the disappearance of an intellectually when we suggested QASA was a Court in this round, but the effect of rigorous and independent judiciary.
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