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Justifying Justice

Annual Review 2015 INDICTMENT T2015/0000123

IN THE CROWN COURT AT THE CENTRAL CRIMINAL COURT IN THE CROWN COURT AT THE CENTRAL CRIMINAL COURT

THE QUEEN THE QUEEN v. JUSTICE -v- JUSTICE JUSTICE is charged as follows: ______

INSTRUCTIONS TO COUNSEL STATEMENT OF OFFENCE ______Justice is not being served.

Counsel is instructed to represent the defendant, Justice, at its forthcoming trial. The allegation is that Justice is not being served and access to Justice is limited for those who cannot afford legal fees or obtain legal aid. PARTICULARS OF OFFENCE

We will offer evidence of members of the public accessing Justice through the Bar Pro Bono Unit During 2015, access to Justice was limited for those who could not afford legal fees or obtain legal (“the Unit”) and its associated schemes. The Bar Pro Bono Unit is a registered charity which matches aid. In particular some of the poorest and most vulnerable in society have limited access to advice pro bono legal assistance from volunteer with those most in need. or representation.

Interestingly members of the Bar have highlighted the role pro bono plays in delivering access to Justice in a recent survey conducted by the Unit stating that “pro bono is helpful to the administration Court Officer of justice” and an “important contribution to providing ‘justice for all’”. Date: 1 December 2015 URN: 06/KK/2015/11 This is a timely trial in the year of ’s 200th anniversary but I am reminded of its words and wonder if we might not emphasise this point in the defence:

‘To no one will we sell, to no one deny or delay right or justice.’ Clause 40, Magna Carta 1215 Crown Office Opening statements Justice Trial Management Committee Member The Old Bailey Sir Robin Knowles CBE, Chairman Jane Rayson Your honour, EC4M 7EH Ann Buxton, Treasurer Diane Sechi Chris Broom Philip Brook Smith QC The subject is an important one. Nick Hanning Sharif Shivji Andrew Hillier, QC Michael Todd QC Without the profession’s pro bono contribution made through the Unit many would not have meaningful Rebecca Hilsenrath Antony Zacaroli QC access to Justice. Paul Newdick CBE, QC

With Justice on trial, witnesses and evidence will show the impact the Bar has made to many people’s c/o The Bar Pro Bono Unit access to Justice. 48 Chancery Lane London WC2A 1JF The purpose of the Unit is to provide free legal advice and representation to members of the public who cannot afford to pay for that help and cannot get legal aid. Our Ref: BPBU/0000123

Despite the challenges faced by many areas of the Bar, the Unit has seen increased support from the Bar. Date: 15th May 2015 As a result, in 2015: • the Unit assisted in approaching one thousand cases. Dear Management Committee Member, • The Unit’s panel moved closer to 4,000. • More senior barristers volunteered as case reviewers bringing the number to 130. Re: Access to Justice • Over 57% of the Bar donated financially to the Unit. You are invited to attend a private interview at the Old Bailey in connection with access to Justice. The Bar, through the Unit, provides help. We have a justice system of which we can be proud, which is This interview will be between each one of you individually and the CPS. You will not be detained as a trusted, and which is widely admired. But we must ensure that people can access it. consequence of any statement made by you during the interview process. That is important work. Yours sincerely,

Jess Campbell Sir Robin Knowles CBE Chief Executive Chairman The Crown Prosecution s76(1) PACE Confessions Expert Witnesses

Callum Byrne Colin Wells Dominic Boothroyd Dr John Fox Emily Reed Amy Pertwee Andrew Lingard Dhriti Suresh Eapen Emily MacLoud Junior Civil & Family Clerk Reviewer Panel Member Reviewer Panel Member Caseworker Caseworker Caseworker Head of Casework New Park Court 25 Bedford Row Angel Chambers Lamb Buildings Park Square Barristers ‘Money should not be a barrier ‘At the Unit I can help make a ‘The Unit supports access to ‘Working with brilliant to obtaining legal assistance.’ difference to people’s lives.’ justice for everyone.’ barristers who give up their time for free.’

Ian Clarke Jacky Chase Jacqueline Reid QC Janet Jackson Jessica Balsam Reviewer Chambers Administrator Reviewer Senior Civil Family Clerk Clerk Selborne Chambers 25 Bedford Row 11 South Square New Park Court Chambers St John’s Chambers

Jess Campbell Kuki Taylor Lauren Graham Measha Bruney Chief Executive Fundraising & Caseworker Caseworker ‘The dedication of staff putting Communications Manager ‘I want to help people who ‘Connecting generous the applicant at the heart of ‘Regardless of income everyone cannot afford legal support.’ barristers with people who are the Unit inspires me.’’ deserves access to justice.’ vulnerable.’

The Unit would like Jonathan Gale Julie Okine Keith Plowman Lucy Oxley Luke Hodgson to extend its thanks to Panel Member Reviewer & Panel Member Senior Clerk Criminal and Civil Clerk Practice Manager the following staff who St Philips Chambers Goldsmith Chambers Ten Old Square Broadway House Chambers St John’s Chambers contributed to the Unit’s work during 2015: Richard Booth (Head of Casework); Alana Crayden (Fundraising & Communications); Leonard Lewis (Caseworker); Maya Linstrum-Newman, Rachel Feilden Rebecca Heald Sarah Slaughter (Caseworker); Bar in the Community Caseworker & IT Manager Caseworker Shyam Popat (Caseworker); ‘It’s a privilege to work with ‘I want to help vulnerable ‘I relish unpicking problems Rebecca Wilkie, Martin Young Mathew Morrison Michelle Carter Simao Paxi-Cato Rhian Hiscox dedicated and supportive people obtain legal assistance.’ that don’t adhere to textbook (Chief Executive). Reviewer Reviewer Clerk Panel Member Clerk colleagues.’ definitions.’ 9 Serle Court 11 South Square Invictus Chambers Hardwicke The Reviewers are called as expert witnesses to demonstrate the Unit’s work in 2015 in facilitating access to Justice. The defence reminds the jury that the Unit’s panel members are able to take on cases that come through the Unit with the confidence that each application has been reviewed and determined by a senior to be deserving of pro bono help.

David Knifton Exchange Chambers Barbara Connolly QC 7 Bedford Row Jas Sra Faber Law Fiona Hay Harcourt Chambers Matthew Harman Harmans Costs Brie Stevens-Hoare QC Hardwicke Gavin Smith 1 Hare Court Nicholas Saunders Philip Gillyon Erskine Chambers David Elvin QC Landmark Chambers Esther Gamble Reuben Taylor QC Landmark Chambers Giles Mooney 9 Gough Square Gavin Mansfield QC Littleton Chambers Rebecca Clark Exchange Chambers James Aldridge QC Maitland Chambers Jamie Clarke Crown Office Chambers Samantha Knights George Rowell St John’s Chambers Eric Fripp Lamb Building Satinder Gill Five Paper Mark Whitcombe Old Square Chambers Simon Brown Crown Office Chambers Kate Branigan QC 4 Paul Infield 36 Bedford Row Christopher Hames QC 4 Paper Buildings Sara Benbow Hardwicke Zachary Bredemear 1 Chancery Lane William Frain-Bell Thomas More Chambers Ben Collins QC Old Square Chambers Angharad Davies 30 Park Place Elizabeth-Anne Gumbel QC One Crown Office Row Tom Brown Cloisters Clare Reffin Nathaniel Rudolf 25 Bedford Row (Chambers of Lord A S Grabiner QC) Sandra Akinbolu Lamb Building Andrew Bagchi QC 1 Garden Court Toby Huggins Unity Street Chambers Malcolm Chisholm 1 Garden Court Amanda Buckley-Clarke 3 Paper Buildings Nicola Fox 1 King’s Bench Walk Dan Bunting 2 Dr Johnson’s Buildings Claire Heppenstall 1 Garden Court (Chambers of Mark Love) John Stocker 1 Garden Court Sebastian Naughton Serjeants’ Inn Chambers Nicholas Carden 1 Hare Court Katie Gollop QC Serjeants’ Inn Chambers Sacha Ackland Temple Garden Chambers Nick Paul Mark James Temple Garden Chambers John Walsh Doughty Street Chambers Sean Jones QC 11KBW Edward Francis Enterprise Chambers Richard Leiper 11KBW Adam Tolley QC Emma Baldwin FRU Robert McCracken QC Francis Taylor Building Michael Reed FRU Francis Wilkinson Field Court Chambers Maria Scotland 5 St Andrew’s Hill Julie Okine Goldsmith Chambers Sam Healy Dere Street Barristers David Southern QC Temple Tax Chambers Catherine Cowton Queen Elizabeth Building Richard Dew Ten Old Square Francesca Quint Radcliffe Chambers Joel Bennathan QC Doughty Street Chambers Andrew Lydiard QC Brick Court Chambers Josh Lewison Radcliffe Chambers Victoria Wakefield Brick Court Chambers Poonam Bhari St Philips Chambers Julie Whitby 15 New Bridge Street Ronan O’Donovan FOURTEEN Joel Donovan QC Cloisters Jeremy Benson QC Patricia Hitchcock QC Cloisters Paul Keleher QC 25 Bedford Row Patrick Sadd Outer Temple Chambers Jonathan Mann Doughty Street Chambers Simon Myerson QC St Pauls Chambers Colin Wells 25 Bedford Row Nick Burn Seward Chambers Timothy Meakin 7 Bedford Row Richard Merritt Chambers of Richard Merritt David Alexander QC South Square Jonathan Karas QC Falcon Chambers Mark Arnold QC South Square Adrian Maxwell St John’s Chambers Ben Valentin QC Fountain Court Chambers Michael Fealy QC One Essex Court Miriam Carrion Benitez 36 Bedford Row (Chambers of Lord A S Grabiner QC) Martin Young 9 Stone Buildings Shereener Browne Garden Court Chambers John Robson Arden Chambers Richard Clegg Selborne Chambers Jane Collier Justin Warshaw QC 1 Hare Court Martin Chamberlain QC Brick Court Chambers Duncan Macpherson 1 Essex Court Daniel Oudkerk QC (Chambers of Tony Baldry MP) Jonathan Swift QC 11KBW Simon Canter 1215 Chambers Jonathan Barnes 5RB Mark Herbert QC 5 Stone Buildings William Upton Six Pump Court RECORD OF INTERVIEW

Persons interviewed: Bar Pro Bono Unit Applicant 1 Bar Pro Bono Unit Applicant 2 WITNESS STATEMENT Place of interview: Interview Room 3, London Police Station

CJ Act 1967, s.9; MC Act 1980, ss. 5A(3)(a) and 5B; Criminal Procedure Rules 2014, Rule 27.7 Date of interview: 15 July 2015

Statement of: Bar Pro Bono Unit Applicant Duration of interview: 30minutes

Age if under 18: Over 18 Interviewing Officer : PC John Smith

Occupation of Witness: Homemaker

This statement consisting of one page signed by me is true to the best of my knowledge and belief. Introductions to tape. Advised that the attendees are not under arrest and they are free to leave at I am an applicant of the Bar Pro Bono Unit, of London, England. A volunteer barrister with the any time. Unit has spent five years assisting me in respect of my claim for inheritance under my mother’s will. The case and the decision of the Court of Appeal has received significant press coverage. PC Smith: Please explain in your own words how the Unit assisted in providing you access to The volunteer barrister went beyond what one could expect of a barrister in the way he explained Justice. my options and his opinion on how to further my appeal. My case is not quite over yet, however the volunteer barrister continues his support and dedication; without that, I would not have been Applicant 1: In 2015, I found myself battling serious health issues and mounting debt due to an able to continue. unfair judgement against me. I was in desperate need of legal help with contesting the validity of this judgment. The Unit provided me with a volunteer barrister who Dated: 12 June 2015 assisted with my case on multiple occasions. Without the time dedicated by the Bar Pro Bono Unit team, people in my position would never get the chance for fairness or Justice and I am thankful for the help they provided me.

Applicant 2: I am so grateful to the Unit for the assistance they gave me. The Unit provided a volunteer barrister who offered me advice and help with preparing a skeleton argument. This invaluable advice and help during telephone discussions and email Signed: Bar Pro Bono Unit Applicant exchanges undoubtedly played a part in winning me a re-hearing. The Unit’s role in co-ordinating these matters ensured that I finally had some access to Justice. Exhibit 3

Exhibits Where applicants North East 7% London 36% were located who North West 5% Exhibit 1 sought assistance 2015 Areas of Law from the Unit Midlands 10% Immigration Commercial Criminal PI The Unit informs the jury that the top three areas of law that help Wales and Chester 3% was requested for in 2015 were: South East 30% Family, Property and Employment. 7% 6% 5% 2% * Outside Jurisdiction 3%

West 7% 32% 12% 11% 9% 8% 8% Exhibit 4 Family Property Employment Admin & Public Chancery Other Example of Exhibit 2 how the Unit 2015 Sources of Referrals to the Unit supported access to Justice The Unit’s top sources of referrals for help in accessing Justice in 2015 were: in 2015

CAB MP Advice Agency Other LIP Application Barrister LAN Other 35% 15% 15% 11% organisation 5% incomplete 3% Centre 1% 8% 4% 3% The Bar Pro Bono Unit Crown Office 48 Chancery Lane The Old Bailey Pro Bono Witness London WC2A 1JF London EC4M 7EH The Unit draws the attention of the Court to Joseph Middleton from Doughty Case #: BPBU/0000123 Street Chambers who was awarded the Sydney Elland Goldsmith Bar Pro Bono Award. 15 April 2015 The Award was given in recognition of Joseph’s outstanding commitment to pro Re: Section 10 Admission : Collaboration to Further Justice bono work through his assistance with the Death Penalty Project (DPP). Over the last year, Joseph provided pro bono assistance to the DPP both in relation The prosecution wishes to formally agree the following as an admission under section 10 CJA 1967: to death penalty litigation in Sub-Saharan Africa and in a ground breaking pilot programme for vulnerable prisoners in Belize; affording access to Justice where it • The Litigant in Person Support Strategy (LiPSS) was not presently available. The LiPSS is a partnership between LawWorks, the Personal Support Unit (PSU), RCJ Advice and Law for Life, supported by the Unit, Access to Justice Foundation and the Ministry of Justice. LiPSS was created to improve the support available to litigants in person and to ensure that collaboration between WITNESS STATEMENT WITNESS STATEMENT the various charities is maximised. Examples of collaboration this year include LawWorks and the PSU, together with the Unit, creating a Legal Advice Clinic in Cardiff. Additionally, RCJ Advice and the Unit Criminal Procedure Rules 2010 Rule 27.2; Criminal Procedure Rules 2010 Rule 27.2; have collaborated on a new approach to a duty scheme in the Central Family Court with the Family Criminal Justice Act 1967, Section 9 Criminal Justice Act 1967, Section 9 Law Bar Association that works best for both the Family Bar and LiPs. 2015 saw the strategy develop through the creation of www.Advicenow.org.uk, an online resource provided by Law for Life. The Statement of: Joseph Middleton Statement of: Lord Goldsmith website includes a dedicated platform “Attending Court” targeted to individuals who are going to court without a lawyer and in 2015 received over 1.2 million unique visits. Advicenow is used as the standard Occupation of Witness: Pro Bono Barrister Occupation of Witness: BPBU President information portal by partners to the strategy and even more widely in the legal advice sector. Dated: 17 October 2015 Dated: 17 October 2015

• Bar in the Community (BiC) ______BiC’s main project is a trustee matching service offering charities and community groups the chance to appoint a legally qualified trustee to their boards. In 2015 BiC was able to make 48 introductions to All of my pro bono work has been the result of Joe’s hundreds upon hundreds of hours of work have interested barristers. Applicant organisations ranged from a project supporting young parents in Bristol, teamwork. This fantastic nomination is as much produced remarkable results. Joseph’s work has to community transport in Tower Hamlets, to music therapy in Birmingham. a tribute to my colleagues as it is to me. I’m very not only saved the lives of many prisoners on death honoured. row, he has also created legal precedents restricting the use of the death penalty pending its eventual Signature: abolition.

Signature: The Unit submits the following list of character witnesses: Before closing, the Defence submits the following expert report corroborating that the Unit has never accepted financial support from the government and relies on donations and fundraising events for its operating costs. EXPERT REPORT Core Funders Financial and other support

This expert report consisting of one page signed by me is true to the best The General Council of the Bar Chambers DX Network Services Ltd of my knowledge and belief. The Honourable Society of Gray’s 4 Stone Buildings for pro bono DX services Inn 6 KBW College Hill The Bar Council supports in many ways. In 2015 it again included a £30 The Honourable Society of the (Chambers of David Fisher QC Place Campbell Chartered donation page during Authorisation to Practice. I would like to highlight and David Perry QC) Accountants the following results of this initiative: The Honourable Society of 9 Stone Buildings for payroll and accountancy Lincoln’s Inn Absolute Barristers services • 57% of the Bar committed their support to the Unit financially. The Honourable Society of the Devereux • This support resulted in two additional caseworkers30% year on joiningyear increase the Keating Chambers Weil, Gotshal & Manges LLP team to help tackle the busy casework Queen Elizabeth Building for seconded staff in applications the Unit has experienced since 2012. Platinum Friends in Law • It also helped the Unit be in a position to travel to the Circuits to One Crown Office Row (London) Specialist Bar Associations The Unit would also like to strengthen relationships with Chambers and front line agencies 11KBW Employment Lawyers Association thank all individual barristers to get a better understanding of what drives barristers to do pro 5RB COMBAR who have kindly donated to the bono and how it can better work with referrers. One Essex Court Chancery Bar Associations Unit in 2015. • The Unit began planning its move towards electronic working. (Chambers of Lord AS Grabiner This will make the experience for the volunteer barrister, the QC) Other organisations applicant and referral agency more efficient and quick. South Square The Access to Justice Foundation Fountain Court Chambers London Legal Support Trust The Unit’s first Clive Anderson Quiz was held in partnership with free Ridley & Hall advice charity Zaccheus 2000 Trust (Z2K). With generous prizes donated Friends in Law Institute of Barristers’ Clerks for silent and live auctions and a suitably challenging quiz for the 200 legal 12 King’s Bench Walk sector supporters, Inner Temple Hall was packed out with teams ready Blackstone Chambers to compete, bid and eat! The rapier wit of Quizmaster Clive Anderson 20 Essex Street helped raise just over £33,000 for the two charities. Brick Court Chambers In Kind Support Anderson McKenzie Consulting Ltd Signed: Expert Witness Cloisters for pro bono IT support Date: 11 October 2015 Serjeants’ Inn Chambers With thanks to... Closing statement

Having now heard the evidence submitted through expert witnesses, testimonies from volunteers and Volunteer barristers: statements of applicants you are asked as a member of the jury to cast your vote. The Unit advises the jury that it receives requests for assistance in all areas of law suitable for second-six pupils up to silks. Whether it is advice, drafting or representation, assistance is Access to Justice can be limited for those who cannot afford legal fees or obtain legal aid. Whilst the Bar invaluable to our applicants. nor the Unit or any other pro bono assistance can never be expected to replace a properly funded legal Clerks and Practice Managers: aid system, it can facilitate increased access to Justice. It is difficult to describe in detail to members of the jury, the difference that a clerking team You now know that by the end of 2015, several thousand barristers were on the Unit’s panel, and chambers practice managers make to the work of the Unit. The Unit is truly grateful for including a third of all QCs. You know that 57% of the Bar financially supported the Unit through this support and encourages the circulation of cases. The Unit would like to encourage sets the Authorisation to Practice donation. The Unit allocated around 70% of its applications but it is to make contact regarding interests in particular areas of law. acknowledged that there is more for the Unit to do to serve those most in need.

Chambers staff: In 2016, in order to enable further access to Justice the Unit will do more to engage with volunteers The Unit highlights to the jury the variety of ways Chambers could get involved in the Unit’s outside of London, on Circuit. It will better communicate the significance each of you makes when a work. From contributing to fundraising initiatives to fostering an environment to ensure pro barrister assists an applicant. It will change its systems to an electronic process so that more applicants bono work continues to thrive, it will make a difference. can be dealt with in a more efficient way.

We invite you, the jury, to help the Unit enable further access to Justice. We invite our referrers Judges: to work with us in developing our electronic working so that we can unburden you with some The Unit acknowledges that the judiciary are at the forefront of the challenges facing the administration. We invite Circuit Leaders to help expand the Bar’s pro bono services through the Unit legal profession and as such, would like to remind the court to direct a litigant in person in each region across England and Wales. to the Unit’s website. The Unit would like to highlight that it requires at least 3 weeks to process applications. If you are on our panel; can you take on at least one piece of work from the Unit in 2016 to ensure no deserving case referred to the Unit is unallocated? Interns & Volunteers: As a member of the jury, can you do something in 2016 to further access to Justice? Thank you to the 47 interns and volunteers for their invaluable support during 2015. Without this type of volunteering the Unit would not be able to assist even half of the Verdict litigants in person it is able to reach. Members of the Jury, please visit www.surveymonkey.co.uk/r/YVKCTB2 to cast your vote. barristers • arbitrators • mediators 39 Essex Chambers is proud to sponsor the Bar Pro Bono Unit

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