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Tuesday, 5 June 2018

Review - The Secret Barrister

The Secret Barrister
Stories of the Law and How It's Broken (3*)

British justice is in a pitiful state: a broken system struggling on its knees; whether because of amateur magistrates for whom ignorance of the law is no barrier to appointment, prosecution and defence barristers given only a few minutes’ sight of the incomplete papers on which a complex case is based, defendants trying to defend themselves because they cannot afford proper representation, hearings postponed at the last minute because witnesses have not been able to get to court on time by public transport (their local court having closed), politicians cutting budgets and meddling with the law for cheap popular appeal, sentencing guidelines too complex for even professional judges to understand, the appallingly inhuman conditions in prisons, … the list goes on and on. 

Did you know, for example, that if you are wrongfully accused of something – perhaps simply because you happened to be in the wrong place at the wrong time – you could incur tens or even hundreds of thousands of pounds in legal defence fees, yet receive no financial help whatsoever. It can mean goodbye to your house or your pension, and probably your job and your marriage as well because of the years of anxiety while the case comes to court. Few now qualify for legal aid.

Even worse, you could be like Victor Nealon who spent seventeen years in prison, branded a dangerous sex offender, wrongly convicted on vague and conflicting evidence against which he was poorly defended. And when eventually his conviction was quoshed he received nothing in compensation because the government had changed the rules to make it nigh impossible. The Secretary of State for Justice at the time was Chris Grayling, who in his more recent persona as Secretary of State for Transport introduced generous compensation for passengers whose trains were delayed by more than fifteen minutes, because they should not be inconvenienced by events outside their control. What would they get for the inconvenience of a train delayed by seventeen years?

But we don’t care about these things. The popular press rarely mentions state miscarriages of justice, or appeals that result in reduced sentences, as opposed to the hue and cry with which they report sentences they regard as too light, or the parole of prisoners who have served their time: the recent John Warboys furore for example.

We should care. We should be furious. We should be very disturbed by this book. But no politician ever won votes by promising more money for the justice system or better conditions for prisoners. These things are easy to cut. We proudly believe, as we are told, that British Courts are the best and fairest in the world. 

Relatively few of us will ever encounter the Justice system. For the rest of us the whole thing is just too tedious to bother with. Which is the problem with the book. Despite its brilliant humour, outrage, satire, importance and readability, parts of it are like a legal textbook. You have to persist to get to the end, but it’s eye-openingly worth it.

I hope our Members of Parliament, all of whom received a free crowd-funded copy, do persist to the end and take note. I also hope I never have to face a day in Court, whether as juror, witness or defendant, innocent or guilty.

 
Key to star ratings: 5* would read over and over again, 4* enjoyed it a lot and would recommend, 3* enjoyable/interesting, 2* didn't enjoy, 1* gave up. 

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