Practice Toolset

Nancy Erika Smith takes a sceptical approach towards the impartiality of justice in the US and asks whether judges and juries can put aside firmly held beliefs just because they have taken an oath to do so.  

Sir Stephen Sedley’s article about judge recusal is probing and provocative. He points out our universal view that judges with a pecuniary interest in the outcome of a case must recuse themselves. Unfortunately, the West Virginia case (Caperton) is not the worst example of that principle being violated. 

In the February issue of Counsel Andrew Neish QC put the case for a pupillage “Wild Card Scheme” and invited responses. Here, Simon Myerson QC sets out some drawbacks of the scheme

I would like to deal with some of the matters raised by Andrew Neish in his recent article, People like us. We ought to begin with why diversity is a good thing. There are, I think, two answers. 

Max Hill QC and Nichola Higgins explain why the CBA, which is cautiously supportive of the scheme, has significant reservations about how it will work.  

The Advocate Panels scheme, which was launched on 31 March 2011, will consist of seven regional, circuit based panels divided into four “Levels” across each of the circuits plus an additional London Panel. 

Keir Starmer QC welcomes the launch of the CPS Advocate Panels Scheme, which he believes represents a turning point in the delivery of prosecution advocacy and improved relations between the CPS and the Bar.  

The CPS currently prosecutes just over one million criminal defendants every year. The vast majority are in the magistrates’ courts, but many are in the Crown Court and some are in the appellate courts. The advocacy in those cases is carried out either by self-employed advocates, mostly barristers, or by barristers and solicitors employed by the CPS. In my view, that is a healthy mix. 

“No man is allowed to be a judge in his own cause” and yet surely a judicial oath is an answer to the appearance of partiality? Sir Stephen Sedley looks at the tests for recusal and who decides upon them.  

Few people in this country, I would guess, reading the headnote above, attached to the official report of a recent decision of the US Supreme Court, would regard it as a difficult case. 

Peter Lewis explains how the CPS intends to implement full digital working and reduce its reliance on paper trails.  

By April 2012, the vast majority of our work at the CPS will be done digitally and our working practices will be streamlined. We are currently trialling various components of the new digital process in a number of pilot areas around the country (see map on page 29) which will help us learn the best ways of doing things before a comprehensive roll out next year. 

Sue Gethin speaks to Counsel about the challenges the FDA membership faces in common with the Bar.  

The vast majority of CPS prosecutors are members of the FDA, formerly known as the First Division Association, which negotiates on their behalf on a national level over pay and general terms and conditions. On a local level, the FDA assists members facing disciplinary action, bullying or harassment. The FDA will provide representation at internal disciplinary hearings or arrange for legal representation at employment tribunals as appropriate. The union also responds to national consultation on issues affecting members. 

Jonathan Sumption QC, a JAC Commissioner, admits he was initially opposed to written qualifying tests for judicial appointments. But experience has persuaded him that they are less imperfect than any reasonable alternative.  

Written qualifying tests are now an established part of the procedures used by the Judicial Appointments Commission (JAC). If you intend to apply for any judicial office below the level of Senior Circuit Judge, the likelihood is that you will have to sit a test at the outset of the exercise. These tests are unpopular among barristers for a variety of reasons, some good and some bad. You may therefore think it perverse of me to be writing an article whose main purpose is to persuade you to sign up for more. 

Peter Smith reports on the challenges and opportunities of life after pupillage.  

After the expense and effort of the academic and practical legal education, and with your heart set on a life of advocacy and self-employment, being rejected from chambers can be an incredibly disheartening experience. 

As it strives to ensure “excellence in advocacy” for all barristers in England and Wales, the Advocacy Training Council is finding itself with a rapidly expanding role as Charles Haddon-Cave QC explains.  

Advocacy is the defining specialist skill which sets barristers apart from other legal practitioners. The role of the Advocacy Training Council (ATC) is to help ensure “excellence in advocacy” by barristers across the whole Bar of England and Wales and to ensure they receive the best possible advocacy training and support at all levels.