Features

Raffia Arshad considers the law, case law and guidance surrounding Oaths and Affirmations 

To an experienced courtroom advocate, a witness swearing the oath to tell the truth is the means to an end. However, sometimes the process itself can throw up complications. Can a judge compel a practising Muslim to swear on the Quran if he or she instead chooses to affirm? Some recent decisions show that both the bench and the Bar can get it wrong. 

As the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) receives Royal Assent, Harriet Deane reflects on why making laws is never a pretty business 
“I am sorry to say that the product of the Minister’s hard work and the process followed by the Government on the Bill do not reflect well on this Government’s reputation. They have damaged access to justice, a fundamental constitutional principle.”  

Nigel Patrick talks through new Sentencing Council guidelines on allocation, offences taken into consideration and totality 

Definitive guidelines have been published by the Sentencing Council on three overarching aspects of sentencing: allocation, offences taken into consideration (TICs) and totality.

The guidelines, which will come into force in June, aim to ensure that the principles in each of these areas of sentencing practice are applied consistently in courts in England and Wales. 

David Wurtzel reports on the first meeting of the Middle Temple Women’s Forum  

The recent survey Barristers’ Working Lives – released by the Bar Council and the Bar Standards Board – asked self-employed practitioners why they were working at the Bar. The respondents were provided with many choices from which a number could be ticked. Only 2% selected “work life balance (control over)”.  This fact, long felt but now starkly evidenced, was one of the underlying themes behind the decision to establish the Middle Temple Women’s Forum which gathered together in Middle Temple Hall for the first time on 6 March, 48 hours before International Women’s Day. Whether or not there were, as estimated, more women in Hall than there had been since 1570, the attendance of some 300 was an impressive turn-out. They included members of all Inns, women of all calls, judges, representatives from the Bar Standards Board and other bodies, the chairman of the Bar and the Lord Chief Justice. 

Toby Craig and Charles Hale look forward to a new batch of bills, the London mayoral election and propose the launch of a parliamentary pin-up competition 

Ready to go

As Parliament enjoyed an Easter break, there was some welcome relief from the intense battles over the Legal Aid Bill. That left plenty of time for Easter Egg hunts as the bill completed its passage in the House of Lords and geared up for the “ping pong” between the Commons and the Lords, which will enable each House to consider the successful amendments and government concessions. The 11 defeats inflicted upon the government represent a substantial and important set of victories to longstanding opponents of the bill, of which the Bar Council is one of the most vocal. Lobbyists from a wide range of organisations stood ready and willing to continue making their arguments through a wide variety of communications channels, right up until the last. 

David Hammond recounts some of his experiences and lessons learnt as a UK representative and maritime legal advisor in Somalia.  

I have been in some of the world’s most dangerous places. I have worked amongst and around interesting people including common murderers, trained killers, potential war criminals and individuals who would not think twice about either seriously injuring or killing you without a hint of remorse. Up to three months ago, I undertook this with the benefit of the highly professional support network that was Her Majesty’s Armed Forces. As of early February however, this level of assurance and protection for undertaking day-to-day work effectively ended upon my retirement from the Royal Marines after 22 years, the last six of which were spent appointed as a naval barrister. 

Michael Beloff QC outlines the duties and challenges awaiting Court of Arbitration for Sport panel members during London 2012 

As London 2012, so long in the gestation is finally brought to birth, a cohort of 12 accomplished lawyers, representing every major continent, will enjoy – if precedent is anything to go by – freedom of the Olympic lanes with personally allotted drivers while Mr and Mrs Public make do with a metropolitan transport system under maximum strain. 

Is rape sentencing unduly lenient? Felicity Gerry and Catarina Sjölin report 

A quick click of the Attorney General’s website gives instant access to statistics for unduly lenient sentences up to and including 2010. During 2010, there were nine rape and attempted rape referrals among the total of 78 cases which went to the Court of Appeal. Of those nine, seven sentences were increased and two remained the same. To give an idea of the other offences referred there were 12 sentences involving robbery (of which 10 were increased, two remained the same) and 18 sentences involved non-fatal offences against the person (of which 12 were increased, two remained the same and one had the conviction quashed). 

A yearning for the good old days when murder trials could be wrapped up in a fortnight and juries usually came to a verdict in a day

April 15, 2012: “Did you like her?” “Did I like her?” “Yes, that is the question.”                       
The opening of Frederick  Seddon’s cross-examination by Sir Rufus Issacs KC

Why do criminal trials take so long nowadays? The thought struck me as I re-read the trial of Frederick Seddon in Notable British Trials, – a wonderful series that some enterprising soul should resurrect, save that each major trial would now need 15 volumes.

Paul Marshall reflects on a recent conversation between Channel 4’s Jon Snow and law reporter turned novelist, Elenor Dymott. 

Easter is not a bad time to recall the question Pontius Pilate is reported as having asked: ‘’what is truth?”. Jesting Pilate would not stay for an answer, says Francis Bacon. It is not clear whether Pilate’s reluctance to enter into further debate on the question was attributable more to judicial impatience or intellectual humility. The narrower issue of truth as to disputed fact, that the trial process is believed to facilitate, may not be straightforward. Lord Justice Browne commented: