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Hurting Children Harming Ourselves

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Hurting Children Harming Ourselves Low Commission, High Expectations Jury Selection CRIMINAL BAR QUARTERLY ISSUE 1 | SPRING 2014 Hurting Children Harming Ourselves QASA – Boycott Impact? Publication of Questions to Answer 2 CONTENTS VIEW FROM THE EDITOR Spring 2014 - Issue 1 | Criminal Bar Quarterly CBA COMMITTEE MEMBERS FEATURED IN THIS ISSUE EXECUTIVE OFFICERS Chairman Director of Education 2 Remuneration and Wellies Nigel Lithman QC James Mulholland QC John Cooper QC Vice - Chairman Equality and Diversity Tony Cross QC Director Treasurer Eleanor Mawrey 3 … A Game of Two Halves Thomas Payne Director of International Nigel Lithman QC Secretary Affairs Michael Duck QC Dermot Keating 5 Hurting Children; Harming Ourselves Assistant Secretary Emma Nash Dexter Dias QC ELECTED MEMBERS Silks Sally Anne Hales QC 8 ”You Do Not Have to Say Anything” Eleanor Laws QC Orlando Pownall QC Patricia Lynch QC Chaynee Hodgetts Over 7 years’ call Under 7 years’ call 9 Low Commission, High Expectations Mark Bryant-Heron Katrina Jamieson Jonathan Lennon Emma Stuart-Smith Jon Robins Eleanor Mawrey David Wood James Vine Martin McCarthy 11 Jury Selection, Protection and Misconduct ELECTED CBA SUPPORTED Colin Wells BAR COUNCIL REPRESENTATIVES Alex Carlile QC James Hines (Lord Carlile of Berriew QC) Edward Henry 14 What is the Regulatory Impact of QASA Boycott? Paul Mendelle QC Hannah Kinch Nigel Sangster QC Neil Ross Dan Bunting Lesley Bates Nicholas Worsley Max Hardy BAR COUNCIL REPRESENTATIVE Nigel Lithman QC Tony Cross QC CIRCUIT REPRESENTATIVES VIEW FROM THE EDITOR MIDLAND CIRCUIT NORTHERN CIRCUIT Ian Bridge Simon Csoka QC Sarah Buckingham Nicholas Kennedy Tom Schofield Sarah Griffin Adrian Farrow Remuneration and Wellies NORTH EASTERN CIRCUIT SOUTH EASTERN CIRCUIT Caroline Goodwin Charles Burton Claire Larton Rosina Cottage QC Ian West Phillipa Page WALES AND WESTERN CIRCUIT CHESTER CIRCUIT Kate Lumsdon EDITOR Christopher Clee QC William Mousley QC Jonathan Elystan Rees Christopher Quinlan QC John Cooper QC Owen Edwards CO-OPTED MEMBERS James Wood QC Jeremy Dein QC he recent decision in Northern Ireland that counsel were entitled to be paid a Kerim Fuad QC Valarie Charbit Tin the case of Raymond Brownlee proper fee which included provision for Chris Henley Dean George Mark Trafford Mark Fenhalls provides a considerable boost for those reasonable preparation. Richard Wormald Sophie Shotton Edmund Vickers requiring fair and appropriate remunera- As we continue to fight our own Media Committee tion from legal aid when taking on a case Judicial Review within this jurisdiction, Sarah Vine Dan Bunting Richard Bentwood Tom Wainwright for the first time after a trial, and having the decision will provide helpful authority Ex Officio Administration to independently prepare for sentence. to those who might wish to challenge our Chairman Michael Turner QC Aaron J Dolan Secretary Gillian Jones [email protected] The facts of this important decision legal aid authorities upon remuneration Editor of CBQ revolve around defence counsel having to for preparation, not simply at sentencing John Cooper QC withdraw for conflict of interest reasons, phases but maybe also on other matters, PUBLISHING DETAILS at the close of the prosecution case. such as confiscation. All submission and editorial inquiries to John Cooper, 25 Bedford Row, London, WC1R 4HD The hearing adjourned for lunch so Anyway, as always we have a packed [tel] 020 8686 9141 [email] [email protected] that this decision, with which Brownlee CBQ for you, including Dexter Dias CRIMINAL BAR QUARTERLY is the Journal of the Criminal Bar Association. It is published 4 times a year by LexisNexis on disagreed, could be reflected upon. writing, why do we hurt children in behalf of the Criminal Bar Association. Upon returning to court, the custody?; Dan Bunting on QASA and Magazine Editor: Diana Rose [email] [email protected] [tel 020 7400 2828] defendant agreed that he should dispense Colin Wells writing on jury selection, Head of Display Advertising: Charlotte Witherden with Counsel’s services. protection and misconduct. [email protected] New Counsel were sought to We continue to fight the storms and [tel] 020 8212 1980 [mobile] 07919 690362 undertake the case for the purposes of look forward to the Justice Secretary Printed by Headley Brothers Limited, Ashford, Kent. This product comes from sustainable forest sources. sentencing and a rate associated with the visiting a few Criminal Courts in his The views expressed by CBQ’s contributors or advertisers are not necessarily those of the publishers or the CBA. trial brief fee was offered which was, to “wellies”. © CBA ® 2014 say the least, derisory. Little wonder, no barrister in 25 Bedford Row Northern Ireland would accept the brief. The views expressed here are not necessarily Cover image: Getty images Cover Upon Judicial Review, the court held the views of the Criminal Bar Association. Criminal Bar Quarterly | Issue 1 - Spring 2014 CHAIRMANS COLUMN 3 ... A Game of Two Halves that I usually end up paying for it myself, it goes a long way to relieving the midwinter blues. But this year I have to be at home. Why? In order not to work. How silly is that. The days used to be when barristers cut short holidays in order to work, now we cut short our CHAIRMAN’S COLUMN holidays (assuming the Bar can still Nigel Lithman QC afford them) not to. Just a part of the madness that surrounds us at the moment. Well what are we doing at the Beware March 7 - CBA Chair: A (Baroness Deech, Chair, Bar moment when I should be packing Game of Two Halves Standards Board). my bags for a long weekend? Not Let me share with you my star sign. working. My birthday is in March and I am “It is beyond argument that criminal Piscean. A water baby. As with all barristers are, for the most part, very March 7 other 42 billion pisceans in the world moderately paid … There is no doubt March 7 was decided by the CBA I am a hopeless romantic and no good that the Criminal Bar is a profession Executive to be a day of active unity at DIY. But like almost everything in crisis” and “I fear that the fat has to those who wished to step up from else in life, being Piscean is a mixed been so far removed from the carcass the half day of January 6, to a full blessing. The Government must of criminal legal aid that these day. draw enormous comfort from the further cuts really threaten our justice It will send out the same message of fact that that is my star sign as we system.” resolve. We cannot let you destroy are not just ditherers but we are two our criminal justice system. fish that swim in opposite directions (Lord Faulks, new Minister of State But as it is March, that is what we representing conflicting ideas. In in the House of Lords, Ministry of will do. We are going to march to other words any issue to which there Justice). Westminster. is more than one obvious solution Again as with all these things it is will polax us like rabbits caught in a “ … concerns remain about the entirely a matter of choice as to what spotlight. I used to spend half of my shortage of members of Bar doing you do but we may grant the public time in Essex and half in London. legal aid work. And about the fees sight of hundreds of people in wigs If I was in the fortunate position of currently proposed to remunerate and gowns walking not to court but having two cases to choose from I them”; “Is the Lord Chancellor to Parliament. would spend far too long deciding, prepared to look open endedly at only to convince myself that I had that fee regime to ensure that we Undignified? Of course. chosen the wrong one. have good lawyers who are able to Necessary? Absolutely But for some reason in the represent people on legal aid in the And the protest will join forces with ongoing dispute we have with future?” our solicitor brethren. government I am not riddled with indecision, but am imbued with determination and clarity of purpose. My determination is to fight at ... the cuts to legal aid and the way they are being whatever cost for the survival of the implemented are set to take their place in the Criminal Bar. great pantheon of government failures... That clarity comes from the worthiness of our cause, so obvious that even those who are not always associated with being in our corner The administration close courts recognize it. These are the now (Simon Hughes MP, new Minister for many reasons; ranging from famous quotations: of State in the House of Commons, judicial convenience, sentencing Ministry of Justice). conferences to days of action from “… the cuts to legal aid and the way court staff. We do not suggest that they are being implemented are set to But there is one of major sin of our protest is necessarily akin to any take their place in the great pantheon this government they have thus of the above but it is a protest which of government failures ... they will far overlooked. They are about to is designed to highlight the attack on damage the administration of justice, ruin my birthday. My wife usually the very future of the criminal justice the rule of law and equality and arranges some little jolly, either a system as we know it. It is a protest diversity at the Bar.” weekend away or a party and albeit demanded by a significant majority 4 CHAIRMANS COLUMN Spring 2014 - Issue 1 | Criminal Bar Quarterly of criminal practitioners. Thus re- has been scant or nonexistent.
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