6. Our Access to Justice
1. ‘An overdue end to the abuse of legal aid’, Daily Mail, 16 November 2010, https://www.dailymail.co.uk/debate/article-1329896/Kenneth-Clarke-An-overdue-end-abuse-legal-aid.html
2. ‘We [. . .] still have by far the most expensive legal system of legal aid in the world’, Lord Chancellor Ken Clarke MP, interviewed for International Bar Association, November 2011, https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=F4A4D433-36F9-4D3B-A3CA-ED94A30EF09A
3. D. Wooding, ‘PRICE OF JUSTICE: Fat-cat lawyers raking in £3 million per trial for defending suspects in rape, terror, murder and fraud cases’, the Sun, 1 January 2017, https://www.thesun.co.uk/news/2511999/fat-cat-lawyers-raking-in-3-million-per-trial-for-defending-suspects-in-rape-terror-murder-and-fraud-cases/
4. Interview with Ken Clarke MP, International Bar Association, November 2011.
5. L. McKinstry, ‘Legal aid is now a racket that only benefits lawyers’, Daily Express, 6 June 2013, https://www.express.co.uk/comment/columnists/leo-mckinstry/405287/Legal-aid-is-now-a-racket-that-only-benefits-lawyers
6. N. Parker, ‘AID FOR PAEDOS: Rochdale paedophile gang handed £1m in legal aid to fight deportation’, the Sun, 10 February 2019, https://www.thesun.co.uk/news/8398308/rochdale-child-sex-abuse-gang-legal-aid/
7. Name changed. See R (Rights of Women) v. Lord Chancellor and Secretary of State for Justice [2016] EWCA Civ 91, at [33] – see the case of ‘M’.
8. See I. Pinter, ‘Cut off from Justice: The impact of excluding separated migrant children from legal aid’, The Children’s Society, June 2015, https://www.childrenssociety.org.uk/sites/default/files/LegalAid_Summary.pdf
9. Name changed.
10. W. Flack, ‘How The Legal Aid Means Test Excludes People With No Accommodation From Receiving Free Advice and Assistance’, William Flack Blog, 15 January 2019, http://wflack.com/how-the-legal-aid-means-test-excludes-people-with-no-accommodation-from-receiving-free-advice-and-assistance/
11. Name changed.
12. P. Butler, ‘Tribunal restores benefit payments to acid attack victim’, Guardian, 19 April 2019, https://www.theguardian.com/society/2019/apr/19/tribunal-restores-benefit-payments-to-acid-attack-victim?
13. Magna Carta, Section XXIX, 1297, http://www.legislation.gov.uk/aep/Edw1cc1929/25/9/section/XXIX
14. Per Lord Keith, R v. R [1991] UKHL 12.
15. The Poor Prisoners Defence Act 1903 provided some defendants of limited means with legal aid, where the court considered that they had a defence.
16. See Sir Henry Brooke, ‘The History of Legal Aid 1945–2010’, at Appendix 6 of the Bach Commission on Access to Justice, September 2017, https://www.fabians.org.uk/wp-content/uploads/2017/09/Bach-Commission-Appendix-6-F-1.pdf
17. This is an exceptionally basic explanation of the adversarial/inquisitorial traditions. For a deeper dive, see Chapters 8 and 9 of The Secret Barrister: Stories of the Law and How It’s Broken (Picador, 2018).
18. See Sadiq Khan MP, Shadow Justice Secretary, quoted in, ‘Legal Aid spending cuts to total £350m’, Guardian, 15 November 2010, https://www.theguardian.com/law/2010/nov/15/legail-aid-clarke-spending-cuts
19. E.g. B. Witton, ‘Suzy Lamplugh murder suspect “claims more than £60,000 legal aid while in jail”’, Mirror, 2 December 2018, https://www.mirror.co.uk/news/uk-news/suzy-lamplugh-murder-suspect-claims-13679598; J. Corke, ‘Cop killer Dale Cregan racks up almost £311,000 in legal aid funded by taxpayers’, Mirror, 8 December 2018, https://www.mirror.co.uk/news/uk-news/cop-killer-dale-cregan-racks-13706928
20. G. McKelvie, ‘Telford child sex monsters handed almost £2.5 MILLION in legal aid’, Mirror, 28 April 2018, https://www.mirror.co.uk/news/uk-news/telford-child-sex-monsters-handed-12447244
21. N. Parker, ‘AID FOR PAEDOS: Rochdale paedophile gang handed £1m in legal aid to fight deportation’, the Sun, 10 February 2019.
22. S. Osborne, ‘Fury as terrorist gets £250,000 legal aid handout to FIGHT deportation out of UK’, Daily Express, 13 June 2017, https://www.express.co.uk/news/uk/816478/Convicted-terrorist-legal-aid-funds-deportation-battle
23. J. Slack, ‘Clarke to slash legal aid bill for asylum seekers at Ministry of Justice seeks cuts’, Daily Mail, 18 August 2010, https://www.dailymail.co.uk/news/article-1303718/Ken-Clarke-slash-legal-aid-asylum-seekers.html
24. C. Ikonen, ‘Staggering cost of legal aid given to James Bulger killers REVEALED’, Daily Star, 7 April 2018, https://www.dailystar.co.uk/news/latest-news/694392/james-bulger-jon-venables-legal-aid-robert-thompson-liverpool-news
25. Department of Health, ‘Reference Costs 2015–16’, December 2016, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/577083/Reference_Costs_2015-16.pdf
26. A critical feature of our criminal justice system, for which there is insufficient space here, is that criminal barristers, contrary to popular belief, are not allowed to mislead a court by saying something they know to be untrue. So, if, for instance, a client admits to their barrister that they stole an apple, the barrister cannot stand up in court and suggest that their client did not. If, however, the evidence is overwhelming but the defendant insists that he is innocent and the fifty witnesses are mistaken, then the barrister will advise, robustly, but, if the client maintains that he is not guilty, the barrister’s job is to fight fearlessly for their client.
27. ‘How much money does legal aid save the country?’, Full Fact, 8 January 2016, https://fullfact.org/law/how-much-money-does-legal-aid-save-country/
28. G. McKelvie, ‘Telford child sex monsters handed almost £2.5 MILLION in legal aid’, Mirror, 28 April 2018.
29. Jonathan Djanogly MP, Former Minister for Legal Aid and Courts, Address to Cambridge Union, 16 March 2015, http://www.jonathandjanogly.com/content/jonathan-djanogly-speaks-cambridge-union-debate
30. See interview with Ken Clarke MP, International Bar Association, November 2011.
31. D. Barrett, ‘Britain has largest legal aid budget in Europe, says report’, Telegraph, 9 October 2014, https://www.telegraph.co.uk/news/uknews/law-and-order/11149868/Britain-has-largest-legal-aid-budget-in-Europe-says-report.html
32. ‘Justice for everyone need not cost the earth’, Telegraph, 5 June 2013, https://www.telegraph.co.uk/comment/telegraph-view/10100926/Justice-for-everyone-need-not-cost-the-earth.html
33. C. Carter, ‘Legal firms rake in millions from legal aid’, Telegraph, 5 June 2013, https://www.telegraph.co.uk/news/uknews/law-and-order/10099863/Legal-firms-rake-in-millions-from-legal-aid.html
34. ‘Legal aid spending cuts to total £350m’, Guardian, 15 November 2010, https://www.theguardian.com/law/2010/nov/15/legail-aid-clarke-spending-cuts
35. J. Chapman, ‘£15m for just one firm on legal aid gravy train: Scale of taxpayers’ bill revealed as Coalition vows to save £200m’, Daily Mail, 5 June 2013, https://www.dailymail.co.uk/news/article-2336003/15m-just-firm-legal-aid-gravy-train-Scale-taxpayers-revealed-Coalition-vows-save-200m.html
36. ‘Blair’s asylum stance “chilling”’, BBC News, 30 September 2003, http://news.bbc.co.uk/1/hi/uk_politics/3152982.stm
37. J. Slack, ‘Legal aid payouts to fat cat lawyers will be slashed by a third, says Justice Secretary’, Daily Mail, 10 April 2013, https://www.dailymail.co.uk/news/article-2306630/Legal-aid-payouts-fat-cat-lawyers-slashed-says-Justice-Secretary.html
38. Dominic Raab MP, Review of Legal Aid Reforms, Commons Chamber, 31 October 2017, Hansard, volume 630, column 688 [901517], https://hansard.parliament.uk/Commons/2017-10-31/debates/782C0020-9535-4E1A-BD38-7973DB3472AF/ReviewOfLegalAidReforms
39. S. Rogers, ‘Public spending 2009/10 by UK government department’, Guardian, 18 October 2010, https://www.theguardian.com/news/datablog/2010/oct/18/government-spending-department-2009-10
40. R. Bowles and A. Perry, ‘International comparison of publicly funded legal services and justice systems’, University of York, Ministry of Justice Research Series 14/09, October 2009, https://webarchive.nationalarchives.gov.uk/20100208125113/http:/www.justice.gov.uk/publications/docs/comparison-public-fund-legal-services-justice-systems.pdf
41. Ibid, p. iii.
42. Council of Europe, European Commission for the Efficiency of Justice, ‘European judicial systems, Edition 2010 (data 2008)’, 2010, Figure 2.23, https://www.uihj.com/en/ressources/21628/75/european_judicial_systems_-_2010.pdf
43. Council of Europe, European Commission for the Efficiency of Justice, ‘European judicial systems, Edition 2016 (data 2014)’, 2016, Figure 2.5, https://rm.coe.int/european-judicial-systems-efficiency-and-quality-of-justice-cepej-stud/1680786b58
44. I. Drury, ‘We spend seven times more on legal aid than the French: £2bn Britain spends each year dwarfs every other country in Europe’, Daily Mail, 9 October 2014, https://www.dailymail.co.uk/news/article-2787276/We-spend-seven-times-legal-aid-French-2bn-Britain-spends-year-dwarfs-country-Europe.html
45. Council of Europe, European Commission for the Efficiency of Justice, ‘European judicial systems, Edition 2014 (data 2012)’, 2014, Figure 2.2. England and Wales allocated 1.8 per cent of its annual budget to the justice system; France allocated 1.9 per cent. http://www.just.ro/wp-content/uploads/2015/09/editia-2014-en.pdf
46. If you are wondering why I am flitting between the statistics for expenditure on the ‘judicial system’ (courts, legal aid and prosecution) for 2010 and expenditure on the justice system (judicial system, plus prisons, plus probation etc.) for 2016, and then back to the judicial system for 2018, it’s because of the maddening inconsistency of the Council of Europe’s methodology, which changes, apparently on a whim, each year.
47. Council of Europe, European Commission for the Efficiency of Justice, ‘European judicial systems, Edition 2018 (data 2016)’, 2018, https://rm.coe.int/rapport-avec-couv-18-09-2018-en/16808def9c
48. G. McKelvie, ‘Telford child sex monsters handed almost £2.5 MILLION in legal aid’, Mirror, 28 April 2018.
49. ‘Becky Watts killers received £400,000 in legal aid’, BBC News, 3 March 2016, https://www.bbc.co.uk/news/uk-england-bristol-35705555
50. ‘Lee Rigby’s killers received more than £200,000 in legal aid’, Guardian, 29 July 2014, https://www.theguardian.com/uk-news/2014/jul/29/lee-rigby-killers-legal-aid
51. J. Chapman, ‘£15m for just one firm on legal aid gravy train: Scale of taxpayers’ bill revealed as Coalition vows to save £200m’, Daily Mail, 5 June 2013.
52. ‘Legal aid: Government claims barristers earn £84,000 “misleading”’, BBC News, 18 March 2014, https://www.bbc.co.uk/news/uk-26635572
53. R. Sabur, ‘Terrorist who entered the country illegally handed £250,000 in legal aid’, Telegraph, 13 June 2017, https://www.telegraph.co.uk/news/2017/06/13/terrorist-entered-country-illegally-handed-250000-legal-aid/
54. N. Parker, ‘AID FOR PAEDOS: Rochdale paedophile gang handed £1m in legal aid to fight deportation’, the Sun, 10 February 2019.
55. Civil Legal Aid (Remuneration) Regulations 2013, Part 2 (Hourly Rates, Controlled Work), and see C. J. McKinney, ‘Legal aid lawyers aren’t on £200 an hour’, Full Fact, 6 July 2015, https://fullfact.org/law/legal-aid-lawyers-arent-200-hour/
56. Criminal Legal Aid (Remuneration) Regulations 2013, para 24.
57. ‘Legal aid: Government claims barristers earn £84,000 “misleading”’, BBC News, 18 March 2014.
58. P. Worrall, ‘Should barristers keep their wigs on?’, Channel 4 News Fact Check, 6 January 2014, https://www.channel4.com/news/factcheck/factcheck-violins-barristers
59. D. Wooding, ‘PRICE OF JUSTICE: Fat-cat lawyers raking in £3million per trial for defending suspects in rape, terror, murder and fraud cases’, the Sun, 1 January 2017.
60. J. Doyle, ‘The multi-millionaire criminals claiming a fortune from legal aid’, Daily Mail, 26 November 2012, https://www.dailymail.co.uk/news/article-2238716/The-multi-millionaire-criminals-claiming-fortune-legal-aid-Loophole-gives-50-rich-defendants-300-000-EACH.html
61. Otterburn Legal Consulting, ‘Transforming Legal Aid: Next Steps. A Report for The Law Society of England and Wales and the Ministry of Justice’, February 2014, pp. 5–8, https://consult.justice.gov.uk/digital-communications/transforming-legal-aid-next-steps/results/otterburn-legal-consulting-a-report-for-the-law-society-and-moj.pdf
62. Council of Europe, European Commission for the Efficiency of Justice, ‘European judicial systems, Edition 2018 (data 2016)’, 2018.
63. Ministry of Justice, ‘Reform of Legal Aid in England and Wales: the Government Response’, CM8072, June 2011, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/228890/8072.pdf
64. O. Bowcott, ‘Poorest priced out of justice by legal aid rules, says Law Society’, Guardian, 20 March 2018, https://www.theguardian.com/uk-news/2018/mar/20/poorest-priced-out-of-justice-by-legal-aid-rules-says-law-society
65. P. Bredon, ‘PLP Research Briefing Paper: The Civil Legal Advice Telephone Gateway’, Public Law Project, May 2018, https://publiclawproject.org.uk/wp-content/uploads/2018/05/The-Civil-Legal-Advice-telephone-Gateway.pdf
66. ‘Enforcing Human Rights’, Joint Committee on Human Rights, 19 July 2018, https://publications.parliament.uk/pa/jt201719/jtselect/jtrights/669/66902.htm
67. Ibid, §39–44.
68. Ibid.
69. House of Commons Library, ‘The future of legal aid’, 31 October 2018, CDP-2018/0230, https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2018-0230; see also, House of Commons Library, ‘The spending of the Ministry of Justice’, 1 October 2019, CDP-2019-0217, https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2019-0217 – fullreport
70. Or ‘non-molestation orders’, as they are termed in the family courts.
71. R (Rights of Women) v. Lord Chancellor and Secretary of State for Justice [2016] EWCA Civ 91, at [45].
72. O. Bowcott, ‘MoJ scraps legal aid restrictions for victims of domestic violence’, Guardian, 4 December 2017, https://www.theguardian.com/society/2017/dec/04/moj-scraps-legal-aid-restrictions-for-victims-of-domestic-violence
73. Re A (A minor) [2017] EWHC 1195 (Fam) at [62]; PS v. PB [2018] EWHC 1987.
74. Ibid, [60].
75. ‘Justice for all? Inside the legal aid crisis’, Financial Times, 27 September 2018, https://www.ft.com/content/894b8174-c120-11e8-8d55-54197280d3f7
76. Dr J. Organ and Dr J. Sigafoos, ‘The impact of LASPO on routes to justice’, Equality and Human Rights Commission, September 2018, https://www.equalityhumanrights.com/sites/default/files/the-impact-of-laspo-on-routes-to-justice-september-2018.pdf
77. ‘Justice for all? Inside the legal aid crisis’, Financial Times, 27 September 2018.
78. E. Dugan, ‘This Leaked Report Reveals The Stark Warnings From Judges About Defendants With No Lawyer’, BuzzFeed News, 8 May 2018, https://www.buzzfeed.com/emilydugan/the-government-tried-to-conceal-this-testimony-from-judges
79. Only homelessness, possession cases and disrepair cases where there is a ‘serious risk of harm to health and safety’ remain within scope, subject of course to strict means tests, which mean, as we saw with Rita earlier, that even homeless people do not necessarily qualify.
80. Housing and Legal Aid Debate Pack, House of Commons, CPD-2018-0120, 15 May 2018.
81. Law Centres: Written question – 273435, https://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2019-07-04/273435/
82. Dr J. Organ and Dr J. Sigafoos, ‘The impact of LASPO on routes to justice’, Equality and Human Rights Commission, September 2018.
83. ‘The Right to Justice: The final report of the Bach Commission’, September 2017, at Appendix 5, p. 36. http://www.fabians.org.uk/wp-content/uploads/2017/09/Bach-Commission_Right-to-Justice-Report-WEB.pdf
84. A. Buncombe, ‘Trump administration admits migrant children as young as 3 appearing in court alone for their own deportation proceedings’, Independent, 28 June 2018, https://www.independent.co.uk/news/world/americas/child-immigrants-us-court-border-family-migrant-immigration-trump-latest-melania-a8422101.html
85. Bach Commission Report, Appendix 11.
86. C. Franchi, ‘Windrush and Legal Aid: how free legal representation could have avoided a national scandal’, Open Democracy, 3 May 2018, https://www.opendemocracy.net/uk/caterina-franchi/windrush-and-legal-aid-how-free-legal-representation-could-have-avoided-national
87. Ministry of Justice, ‘Legal aid for unaccompanied and separated children’, 1 August 2018, https://www.gov.uk/government/publications/legal-aid-for-unaccompanied-and-separated-children
88. Coram Children’s Legal Centre estimated that there are several thousand children in local authority care likely to be affected. See ‘Legal aid restored for migrant children in care’, Family Law, 16 July 2018, https://www.familylaw.co.uk/news_and_comment/legal-aid-restored-for-migrant-children-in-care#.W2hoS4WcHcs
89. C. Grayling, ‘The Judicial review system is not a promotional tool for countless Left-wing campaigners’, Daily Mail, 6 September 2013, https://www.dailymail.co.uk/news/article-2413135/CHRIS-GRAYLING-Judicial-review-promotional-tool-Left-wing-campaigners.html
90. ‘Enforcing Human Rights’, Joint Committee on Human Rights, 19 July 2018.
91. J. Hyde, ‘MoJ chief admits cuts rushed through without research’, Law Society Gazette, 4 December 2014, https://www.lawgazette.co.uk/law/moj-chief-admits-cuts-rushed-through-without-research/5045500.article
92. Interview with Ken Clarke MP, International Bar Association, November 2011.
93. J. Chapman, ‘£15m for just one firm on legal aid gravy train: Scale of taxpayers’ bill revealed as Coalition vows to save £200m’, Daily Mail, 5 June 2013.
94. L. McKinstry, ‘Legal aid is now a racket that only benefits lawyers’, Daily Express, 6 June 2013.
95. M. Fouzder, ‘Fury over MoJ “betrayal” on legal aid at inquests’, Law Society Gazette, 8 February 2019, https://www.lawgazette.co.uk/law/fury-over-moj-betrayal-on-legal-aid-at-inquests/5069214.article
96. Ministry of Justice, ‘Post-Implementation Review of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012’, February 2019, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/777038/post-implementation-review-of-part-1-of-laspo.pdf
97. Legal-aid expenditure fell from £2.55 billion in 2010–11 to £1.62 billion in 2017–18. House of Commons Library, ‘The future of legal aid’, 31 October 2018, CPD-2018/0230.
98. J. Hyde, ‘MoJ chief admits cuts were rushed through without research’, Law Society Gazette, 4 December 2014.
7. Our Liberty
1. The views of a complainant will usually be taken into account when the state is considering whether to prosecute, but are not determinative.
2. R. Littlejohn, ‘One-legged Albanian KILLER on benefits (even I couldn’t make him up)’, Daily Mail, 24 May 2016, https://www.dailymail.co.uk/debate/article-3605844/RICHARD-LITTLEJOHN-One-legged-Albanian-KILLER-benefits-couldn-t-make-up.html
3. It is still possible to bring a private prosecution, but this is rare, and the Crown Prosecution Service still retains a power to take over the case and proceed with it or dispose of it as it sees fit.
4. Ministry of Justice, ‘Criminal Justice Statistics quarterly, England and Wales, October 2017 to September 2018’, 21 February 2019, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/780612/criminal-justice-statistics-quarterly-september-2018.pdf
5. This is a fairly broad simplification. For greater detail on the operation of the magistrates’ courts and how and when cases are allocated to the Crown Court, see Chapter 2 of The Secret Barrister: Stories of the Law and How It’s Broken (Picador, 2018).
6. Barristers can and do appear in the magistrates’ court, and solicitors can obtain qualifications (known as ‘Higher Rights’) that allow them to appear in the Crown Court as ‘solicitor-advocates’.
7. In circumstances where the number of jurors drops from twelve to ten – for instance, where a juror falls ill and is discharged – a majority verdict can be agreed by nine of them.
8. The Thin Blue Line (1995–6), Broadcast by the British Broadcasting Corporation (BBC), produced by Tiger Aspect Productions. For full details, see https://www.imdb.com/title/tt0112194/companycredits?ref_=tt_dt_co
9. See, ‘Ten questions posed by Vicky Pryce jury’, BBC News, 20 February 2013, https://www.bbc.co.uk/news/uk-21521460
10. Ibid.
11. J. Delingpole, ‘Are some people just too stupid to serve on a jury?’, Daily Express, 22 February 2013, https://www.express.co.uk/comment/expresscomment/379367/Are-some-people-just-too-stupid-to-serve-on-a-jury
12. Woolmington v. DPP [1935] AC 462.
13. K. Rahman, ‘Viewers are left outraged as Sir Cliff Richard tells Loose Women he’d rather 10 guilty people go free than one innocent person suffer after he was wrongly accused of historical sexual offences’, Daily Mail, 28 November 2018, https://www.dailymail.co.uk/news/article-6436193/Viewers-outraged-Sir-Cliff-Richards-comments-Loose-Women.html
14. See the comments of the London Victims’ Commissioner to the Independent: L. Dearden, ‘Tens of thousands of rape cases dropped because “police traumatising victims”, report suggests’, Independent, 31 July 2019, https://www.independent.co.uk/news/uk/crime/rape-prosecutions-dropping-uk-police-phones-trauma-cps-a9028181.html
15. Per London Victims’ Commissioner, reported in, S. Gallagher, ‘Just 3% Of Rape Allegations In London Result In Conviction. This New Study Suggests Why’, HuffPost UK, 31 July 2019, https://www.huffingtonpost.co.uk/entry/just-3-of-rape-allegations-in-london-result-in-conviction-this-study-suggests-why_uk_5d4151ebe4b01d8c9783aa07
16. S. Carrell, ‘Scottish civil court rules that acquitted man did rape student’, Guardian, 5 October 2018, https://www.theguardian.com/uk-news/2018/oct/05/scottish-civil-court-rules-that-acquitted-man-did-student
17. Court of Appeal (Criminal Division) 2016–17 Report (2018), https://www.judiciary.uk/wp-content/uploads/2018/08/coa-criminal-div-2016-17-2.pdf
18. S. Morris and A. Topping, ‘Ched Evans: footballer found not guilty of rape in retrial’, Guardian, 14 October 2016, https://www.theguardian.com/football/2016/oct/14/footballer-ched-evans-cleared-of-in-retrial
19. K. Gladdis, J. Narain and C. Brooke, ‘Ched Evans’ teammate suspended over Twitter comments about rape conviction’, Daily Mail, 23 April 2012, https://www.dailymail.co.uk/news/article-2133792/Ched-Evans-rape-victim-named-abused-Twitter-girlfriend-stands-Wales-footballer.html
20. ‘Ched Evans’ rape victim had to change name and move five times, says father’, Guardian, 28 December 2014, https://www.theguardian.com/football/2014/dec/28/ched-evans-rape-victim-change-name-move-house-father
21. See Twitter, https://twitter.com/search?f=tweets&vertical=default&q=ched%20evans%20liar&src=typd
22. A. Adu, ‘COURT CONTROVERSY: Britain’s top prosecutor sparks outrage by saying many men cleared of rape have NOT been falsely accused’, the Sun, 10 October 2017, https://www.thesun.co.uk/news/4656366/men-cleared-rape-not-falsely-accused-alison-saunders/
23. T. Morgan, ‘Magistrates raise “difficulty” of historic sex cases as Dr Fox blasts prosecutors after being cleared of assaults’, Telegraph, 14 December 2015, https://www.telegraph.co.uk/news/uknews/crime/12048990/Dr-Fox-verdict-DJ-cleared-of-sex-assaults-on-radio-colleagues-and-teenage-girls.html
24. Crown Prosecution Service v. Neil Fox (2015), https://www.judiciary.uk/wp-content/uploads/2015/12/Neil-Fox-verdict.pdf
25. For the facts in this case and the proceedings, I am reliant on and grateful to the work of Matthew Scott, whose blog provides not only a comprehensive analysis, but a rich source of links to the available primary sources. M. Scott, ‘Everything we know suggests that the CPS was right to drop murder charge against John Broadhurst’, Barrister Blogger, 24 December 2018, http://barristerblogger.com/2018/12/24/everything-we-know-suggests-that-the-cps-was-right-to-drop-murder-charge-against-john-broadhurst/
26. S. Wilkinson, ‘“Rough Sex” Doesn’t Kill, Domestic Violence Does’, Grazia, 18 December 2018, https://graziadaily.co.uk/life/real-life/domestic-violence-natalie-connolly-john-broadhurst-sentence-harriet-harman-attorney-general/
27. R v. Brown [1993] UKHL 19.
28. While deliberate infliction of injury as part of sexual activity is unlawful, the law makes for a distinction where there is consensual penetration of the vagina using an object, and foreseeable injury is unintentionally caused. This played a part in the Broadhurst case, as the evidence tended to suggest that this particular injury to Natalie was caused by consensual penetration. See Jim Meyer, ‘John Broadhurst found not guilty of attacking Natalie Connolly’, Tuckers Solicitors, 21 December 2018, https://www.tuckerssolicitors.com/john-broadhurst-found-not-guilty-of-attacking-natalie-connolly/
29. J. Merrick, ‘Accepting “rough sex” as a man’s defence for killing a woman makes a mockery of our justice system’, Independent, 19 December 2018, https://www.independent.co.uk/voices/natalie-connolly-john-broadhurst-case-trial-murder-rough-sex-domestic-violence-manslaughter-a8690961.html
30. B. Ellen, ‘Prosecutors thought no jury would accept Natalie Connolly was murdered. What does that say?’, Observer, 23 December 2018, https://www.theguardian.com/commentisfree/2018/dec/23/prosecutors-thought-no-jury-would-accept-natalie-connoolly-was-murdered?CMP=share_btn_tw
31. ‘No5 counsel secure jail term for young mother’s killer’, No5 Barristers Chambers, 18 December 2018, https://www.no5.com/media/news/no5-counsel-secure-jail-term-for-young-mother-s-killer/
32. Quoted in D. Barrett, ‘Judges weaken rules on paedophiles’, Telegraph, 20 August 2011, https://www.telegraph.co.uk/news/uknews/law-and-order/8713203/Judges-weaken-rules-on-paedophiles.html
33. For a full exploration of the competing theories as to the origins of the right to silence, see H. Quirk, The Rise and Fall of the Right of Silence (Routledge, 2016).
34. Cited in ibid, p. 44.
35. Criminal Justice and Public Order Act 1994.
36. H. Mills and T. Kirby, ‘Ending the right to silence “is breach of human rights”: “Hanging and flogging charter” condemned’, Independent, 7 October 1993, https://www.independent.co.uk/news/uk/ending-the-right-to-silence-is-breach-of-human-rights-hanging-and-flogging-charter-condemned-heather-1509089.html
37. See O’Donnell v. UK Application 16667/10 in J. Bennathan, ‘Right to Silence and the ECHR’, Doughty Street Criminal Appeals Bulletin, Issue 3, November 2015, http://doughty-street-chambers.newsweaver.com/Appeals/e2aj8l8hdog?a=1&p=698900&t=174031
38. See C. Baksi, ‘Going “no comment”: a delicate balancing act’, Law Society Gazette, 24 May 2012, https://www.lawgazette.co.uk/analysis/going-no-comment-a-delicate-balancing-act/65781.article
39. ‘My vision for Britain: by Tony Blair’, Observer, 10 November 2002, https://www.theguardian.com/politics/2002/nov/10/queensspeech2002.tonyblair
40. J. Bindel, ‘Why will I, a committed anti-rape campaigner, now advise victims to think twice before going to court? Because the Ched Evans judges have created a rapists’ charter’, Daily Mail, 16 October 2016, https://www.dailymail.co.uk/debate/article-3840261/JULIE-BINDEL-committed-anti-rape-campaigner-advise-victims-think-twice-going-court-Ched-Evans-judges-created-RAPISTS-CHARTER.html
41. C. Chaplain, ‘Harriet Harman calls for ban on lawyers asking rape victims about sexual history after Ched Evans Trial’, Evening Standard, 24 March 2017, https://www.standard.co.uk/news/politics/harriet-harman-calls-for-ban-on-lawyers-asking-rape-victims-about-sexual-history-after-ched-evans-a3498921.html
42. See J. Bindel, ‘Juries have no place in rape trials. They simply can’t be trusted’, Guardian, 21 November 2018, https://www.theguardian.com/commentisfree/2018/nov/21/juries-rape-trials-myths-justice
43. L. Hoyano, ‘The operation of YJCEA 1999 section 41 in the Courts of England & Wales: views from the barristers’ row. An independent empirical study commissioned by the Criminal Bar Association’, Oxford University, 2018, https://www.criminalbar.com/wp-content/uploads/2018/11/REPORT-PROVIDED-FOR-CBA-WEBSITE-.pdf
44. House of Commons, Notices of Amendment, Prisons and Courts Bill, 23 March 2017, https://publications.parliament.uk/pa/bills/cbill/2016-2017/0145/amend/prisons_rm_pbc_0323.1-2.html
45. See J. Corke, ‘One-eyed police killer gets £310k in legal aid’, Sunday Express, 9 December 2018, https://www.express.co.uk/news/uk/1056481/dale-cregan-cop-killer-310-000-legal-aid-mental-health
46. The gross figure is adjusted slightly to reflect the number of people in the household. Means-testing is a highly complex exercise, the details of which are set out in the Legal Aid Agency’s Criminal Legal Aid Manual: Applying for legal aid in criminal cases in the magistrates’ and Crown Court, July 2019, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/816112/criminal-legal-aid-manual_July_2019.pdf
47. ‘Disposable’ income, used when means testing eligibility for Crown Court, involves, as the name suggests, a more involved consideration than merely ‘gross household income’. Certain allowances are allowed for living expenses. Again, the full details are set out in the Criminal Legal Aid Manual, ibid.
48. D. Brown, ‘GP accused of paedophilia by “fantasist” loses fight for costs’, The Times, 28 April 2018, https://www.thetimes.co.uk/article/gp-accused-of-paedophilia-by-fantasist-loses-fight-for-costs-96xj5ptkv
49. ‘MP Nigel Evans: Trial made me realise impact of legal aid cuts’, ITV News, 13 April 2014, http://www.itv.com/news/story/2014-04-13/nigel-evans-wants-cps-to-pay-130k-legal-bills/
50. A. Blake, ‘Donald Trump’s attack on Hillary Clinton for defending an accused child rapist, explained’, Washington Post, 10 October 2016, https://www.washingtonpost.com/news/the-fix/wp/2016/10/09/why-donald-trump-just-attacked-hillary-clinton-for-defending-an-accused-child-rapist-explained/?utm_term=.5c97c98497ed
51. P. Bump, ‘The GOP’s chief strategist pitches the party’s new “Willie Horton-style” ad’, Washington Post, 3 October 2016, https://www.washingtonpost.com/news/the-fix/wp/2016/10/03/the-gops-chief-strategist-pitches-the-partys-new-willie-horton-style-ad/?utm_term=.d20eea41af6c
52. R. Booth, ‘Tories step up attempts to link Sadiq Khan to extremists’, Guardian, 20 April 2016, https://www.theguardian.com/politics/2016/apr/20/tory-claims-sadiq-khan-alleged-links-extremists
53. See, C. Friedersdorf, ‘In Defense of Harvey Weinstein’s Harvard Lawyer’, the Atlantic, 3 March 2019, https://www.theatlantic.com/ideas/archive/2019/03/defense-harvey-weinsteins-lawyer-ronald-sullivan/583717/
54. K. Taylor, ‘Harvard’s First Black Faculty Deans Let Go Amid Uproar Over Harvey Weinstein Defense’, New York Times, 11 May 2019, https://www.nytimes.com/2019/05/11/us/ronald-sullivan-harvard.html
55. S. Greenhill and N. Sears, ‘£25,000 to help catch smirking killer’, Daily Mail, 2 January 2019, https://www.dailymail.co.uk/news/article-6549743/Jack-Shepherd-got-six-years-jail-killing-date-24-going-run.html
56. T. Wells, ‘KILLER’S HANDOUT: Boat killer Jack Shepherd got £100k in legal aid funded by taxpayers – while he’s still on the run’, the Sun, 1 December 2018, https://www.thesun.co.uk/news/7877697/boat-killer-jack-shepherd-legal-aid/
57. S. Greenhill and N. Sears, ‘The reality TV lawyer whose firm has received £93,000 aid for the case’, Daily Mail, 2 January 2019, https://www.dailymail.co.uk/news/article-6549743/Jack-Shepherd-got-six-years-jail-killing-date-24-going-run.html
58. ‘Response to the Daily Mail’, Tuckers Solicitors, https://www.tuckerssolicitors.com/response-to-the-daily-mail/
59. C. Coleman, ‘Speedboat killer: Jack Shepherd’s lawyer receives Nazi death threat’, BBC News, 28 January 2019, https://www.bbc.co.uk/news/uk-47029302
60. M. Porter, ‘Dangerous drivers should not be allowed to choose trial by jury’, Guardian, 8 April 2016, https://www.theguardian.com/commentisfree/2016/apr/08/drivers-who-kill-remove-right-to-trial-by-jury-death-cyclists-pedestrians-justice
61. Crown Prosecution Service Annual Report and Accounts 2016–17, Tables 3 and 7, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/628968/CPS_annual_report_2016_17.pdf
62. ‘Cyclist fails in first UK private prosecution against motorist for dangerous driving’, Independent, 10 March 2016, https://www.independent.co.uk/news/uk/crime/cyclist-fails-in-first-uk-private-prosecution-against-motorist-for-dangerous-driving-a6922176.html
63. Office of National Statistics, ‘Sexual offences in England and Wales: year ending March 2017’, 8 February 2018, para 9, https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/sexualoffencesinenglandandwales/yearendingmarch2017#reporting-of-sexual-assault-by-rape-or-penetration
64. See figures cited in, A. Topping and C. Barr, ‘Revealed: less than a third of young men prosecuted for rape are convicted’, Guardian, 23 September 2018, https://www.theguardian.com/society/2018/sep/23/revealed-less-than-a-third-of-young-men-prosecuted-for-are-convicted
65. Ministry of Justice, ‘Criminal court statistics quarterly, England and Wales, January to March 2018 (annual 2017)’, 28 June 2018, Figure 14, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720026/ccsq-bulletin-jan-mar-2018.pdf
66. Dr Dominic Willmott at the University of Huddersfield conducted simulated trials involving mock jurors, and found that many jurors took preconceived rape myths into the retiring room notwithstanding the judicial directions, with others displaying a troubling reluctance to convict young male defendants even where they found that, legally, the offence had been proved. See A. Topping and C. Barr, ‘Revealed: less than a third of young men prosecuted for rape are convicted’, Guardian, 23 September 2018. It should be noted, however, that a 2019 study by the UCL Jury Project, led by Professor Cheryl Thomas, based on questions asked of real-life jurors, reached the opposite conclusion: Law in Action, ‘Rape Myths’, BBC Radio 4, 27 June 2019, https://www.bbc.co.uk/programmes/m000671m
67. J. Bindel, ‘Juries have no place in rape trials. They simply can’t be trusted’, Guardian, 21 November 2018.
68. Ministry of Justice, ‘Criminal court statistics quarterly, England and Wales, January to March 2018 (annual 2017)’, 28 June 2018.
69. Parklife.
70. In 2017, the Institute for Fiscal Studies calculated that, in the decade since 2010/11, the MoJ’s budget was to be cut by around 40 per cent. Spending plans were in 2019 revised upwards so that that total MoJ budget in 2019/20 was around 25 per cent lower than in 2010/11. See House of Commons Library, ‘The spending of the Ministry of Justice’, 1 October 2019, CDP-2019-0217, https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2019-0217 – fullreport
8. Equality and Due Process
1. ‘Harman warning on Goodwin pension’, BBC News, 1 March 2009, http://news.bbc.co.uk/1/hi/uk_politics/7917361.stm
2. W. Martin, ‘“It sent a tremor down my back”: Alistair Darling reveals how Britain came within hours of the “breakdown of law and order”’, Business Insider, 28 May 2018, https://www.businessinsider.com/alistair-darling-uk-breakdown-of-law-and-order-financial-crisis-2018-5?r=US&IR=T
3. House of Commons Treasury Committee, Ninth Report, ‘Banking Crisis: reforming corporate governance and pay in the City’, 12 May 2009, paragraph 97, https://publications.parliament.uk/pa/cm200809/cmselect/cmtreasy/519/51902.htm
4. Although, had Goodwin been dismissed, rather than ‘requested to leave’, his pension entitlement would have been lower – a deferred pension of a meagre £416,000 per year. There was a significant dispute between Lord Myners, the minister who had overseen the negotiations, and RBS as to whether the latter had acted appropriately in requesting, rather than enforcing, Sir Fred’s departure, with RBS insisting they had no choice. See Treasury Committee report, ibid.
5. See, A. Hirsch, ‘What are the legal options?’, Guardian, 27 February 2009, https://www.theguardian.com/business/2009/feb/27/goodwin-pension-legal-options
6. ‘Harman warning on Goodwin pension’, BBC News, 1 March 2009.
7. D. Summers, P. Wintour and J. Treanor, ‘Angry Brown will recoup some of Goodwin’s pension if law allows’, Guardian, 27 February 2009, https://www.theguardian.com/politics/2009/feb/27/prescott-goodwin
8. J. Treanor and D. Hencke, ‘HSBC boss to waive bonus as pension row escalates’, Guardian, 2 March 2009, https://www.theguardian.com/business/2009/mar/02/hsbc-bonus-waived
9. A. Sparrow and H. Mulholland, ‘Brown plays down Harman’s threat to cut Fred Goodwin’s pension’, Guardian, 2 March 2009, https://www.theguardian.com/politics/2009/mar/02/brown-harman-goodwin-pension
10. ‘Sir Fred Goodwin and Harriet Harman – pensions and bonuses row’, 3 March 2009, http://www.boris-johnson.com/2009/03/03/bankers-pension-row-masks-real-issue/
11. T. Bingham, The Rule of Law (Penguin, 2011), p. 8.
12. For this historical summary, I have drawn on the research of Tom Bingham in Chapter 1 of The Rule of Law, ibid.
13. D. Macintyre, ‘Major on crime: “Condemn more, understand less”’, Independent, 21 February 1993, https://www.independent.co.uk/news/major-on-crime-condemn-more-understand-less-1474470.html
14. J. E. Cronin, New Labour’s Pasts: The Labour Party and Its Discontents (Routledge, 2004), p. 360.
15. B. Franklin and J. Petley, ‘Killing the Age of Innocence: Newspaper Reporting of the Death of James Bulger’, in J. Pilcher and S. Wagg (eds.), Thatcher’s Children? Politics, Childhood and Society in the 1980s and 1990s (Falmer Press, 1996).
16. Secretary of State ex parte Venables and Thompson v. R [1997] UKHL 25, per Lord Steyn.
17. T and V v. United Kingdom (1999) (24724/94).
18. Quoted in J. Petley, ‘“Kill a kid and get a house”: Rationality versus Retribution in the Case of Robert Thompson and Jon Venables, 1992–2001’, in S. Wagg and J. Pilcher (eds.), Thatcher’s Grandchildren? Politics and Childhood in the Twenty-First Century (Palgrave Macmillan, 2014).
19. Ibid.
20. F. Mayhew, ‘The Sun calls on police to “say sorry” for Operation Elveden after paper’s last convicted journalist is cleared’, Press Gazette, 28 October 2016, https://www.pressgazette.co.uk/the-sun-calls-on-police-to-say-sorry-for-operation-elveden-after-papers-last-convicted-journalist-is-cleared/
21. ‘Operation Elveden a “misconceived witch-hunt” says Sun journalist’s counsel’, Guardian, 1 April 2015, https://www.theguardian.com/uk-news/2015/apr/01/operation-elveden-a-misconceived-witch-hunt-says-sun-journalists-counsel
22. ‘THE SUN SAYS: Operation Elveden must go down as one of the most shameful and haphazard episodes in British legal history’, the Sun, 28 October 2016, https://www.thesun.co.uk/news/2066478/operation-elveden-must-go-down-as-one-of-the-most-shameful-and-%C2%ADhaphazard-episodes-in-british-legal-%C2%ADhistory/
23. ‘The day press freedoms received a devastating blow’, Telegraph, 23 October 2018, https://www.telegraph.co.uk/news/2018/10/23/day-press-freedoms-received-devastating-blow/
24. ‘Sir Philip Green: From “king of the High Street” to “unacceptable face of capitalism”’, BBC News, 25 October 2018, https://www.bbc.co.uk/news/business-36139828
25. ‘Lord Hain defends naming Sir Philip Green over harassment claims’, BBC News, 26 October 2018, https://www.bbc.co.uk/news/uk-45987084
26. @Andrew_Adonis, Twitter, 25 October 2018, https://twitter.com/Andrew_Adonis/status/1055484108137205761
27. @aak1880, Twitter, 25 October 2018, https://twitter.com/aak1880/status/1055463775044804609
28. M. Savage, ‘Lord Hain named Philip Green “to promote justice and liberty”’, Observer, 27 October 2018, https://www.theguardian.com/business/2018/oct/27/philip-green-to-lodge-complaint-against-peer-who-named-him
29. ABC & others v. Telegraph Media Group Ltd [2018] EWCA Civ 2329.
30. J. Waterson, ‘Philip Green ends “gagging order” action against Telegraph’, Guardian, 28 January 2019, https://www.theguardian.com/business/2019/jan/28/philip-green-ends-legal-action-against-telegraph
31. ‘Lord Hain defends naming Sir Philip Green over harassment claims’, BBC News, 26 October 2018.
32. A. Lloyd, ‘Shamima Begum: Bring me home, says Bethnal Green girl who left to join Isis’, The Times, 13 February 2019, https://www.thetimes.co.uk/article/shamima-begum-bring-me-home-says-bethnal-green-girl-who-fled-to-join-isis-hgvqw765d
33. L. Dearden, ‘Shamima Begum: Manchester Arena bombing “justified” because of Syria airstrikes, Isis teenager says’, Independent, 18 February 2019, https://www.independent.co.uk/news/world/middle-east/shamima-begum-isis-interview-manchester-bombing-terror-attack-syria-airstrikes-a8784741.html
34. @toryboypierce, Twitter, 23 February 2019, https://twitter.com/toryboypierce/status/1099243819189583872
35. N. Bartlett and D. Bloom, ‘Shamima Begum: Tory MP demands law of TREASON is restored over Brit ISIS bride’, Mirror, 18 February 2019, https://www.mirror.co.uk/news/politics/shamima-begum-tory-mp-demands-14016673
36. T. Sculthorpe, ‘“Quite frankly, the British people don’t like it and neither do I”: Williamson slams Shamima Begum’s bid for legal aid as he accuses the Jihadi bride of “turning her back on this country”’, Daily Mail, 16 April 2019, https://www.dailymail.co.uk/news/article-6928637/Gavin-Williamson-slams-Shamima-Begums-bid-legal-aid.html
37. T. Newton Dunn, ‘NO ENTRY: Pregnant jihadi bride Shamima Begum faces ban from Britain as “permanent exclusion is an option” – after she asks for NHS care for her baby’, the Sun, 14 February 2019, https://www.thesun.co.uk/news/8431345/jihadi-bride-exclusion-british-citizenship/
38. R. Littlejohn, ‘She’s not the same little girl who ran away – and that’s what worries me’, Daily Mail, 14 February 2019, https://www.dailymail.co.uk/debate/article-6706765/RICHARD-LITTLEJOHN-Shes-not-little-girl-ran-away-thats-worries-me.html
39. L. Bannerman, F. Elliott, S. O’Neill, J. Simpson, ‘Family of Isis bride Shamima Begum make plea for mercy’, The Times, 15 February 2019, https://www.thetimes.co.uk/article/family-of-isis-bride-shamima-begum-make-plea-for-mercy-gdz5qwv0r
40. ‘Shamima Begum: What is her legal status?’, BBC News, 21 February 2019, https://www.bbc.co.uk/news/uk-47310206
41. In February 2020, the Special Immigration Appeals Commission refused Ms Begum’s appeal against the Secretary of State’s decision, finding that the decision to revoke her citizenship did not make her stateless (notwithstanding the publicly reported comments by Bangladeshi officials) – see Shamima Begum v. Secretary of State for the Home Department Appeal No. SC/163/2019 https://www.judiciary.uk/wp-content/uploads/2020/02/begum-v-home-secretary-siac-judgment.pdf There are also separate judicial review proceedings before the High Court. At the time of writing, no decision had been given relating to the judicial review.
42. ‘Shamima Begum will not be allowed here, Bangladesh says’, 21 February 2019, https://www.bbc.co.uk/news/uk-47312207
43. Home Office, ‘CONTEST: The United Kingdom’s Strategy for Countering Terrorism’, June 2018, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/716907/140618_CCS207_CCS0218929798-1_CONTEST_3.0_WEB.pdf
44. For commentary see M. Honeycombe-Foster, ‘Sajid Javid accused of Tory leadership pitch as he strips Isis teen Shamima Begum of UK citizenship’, PoliticsHome, 20 February 2019, https://www.politicshome.com/news/uk/political-parties/conservative-party/news/101980/sajid-javid-accused-tory-leadership-pitch
45. N. Clark, ‘“YOU BACK TERROR”: Sajid Javid blasts moaning Shamima Begum’s plea to come home and tells her “you and your death cult hate our country”’, the Sun, 18 February 2019, https://www.thesun.co.uk/news/8453781/sajid-javid-shamima-begum-isis-bride-death-cult/
46. Cited in R. Greenslade, ‘Sajid Javid is pandering to rightwing press over Shamima Begum’, 24 February 2019, https://www.theguardian.com/commentisfree/2019/feb/24/sajid-javid-pander-rightwing-press-shamima-begum
47. Ibid.
48. @MichaelVaughan, Twitter, 17 February 2019, https://twitter.com/michaelvaughan/status/1097136760851759105?s=21
49. A. Pearson, ‘Thank God, Sajid Javid grasped Shamima Begum is the one person uniting Britain – against her’, Telegraph, 19 February 2019, https://www.telegraph.co.uk/women/life/thank-god-sajid-javid-grasped-shamima-begum-one-person-uniting/
50. L. Clarke-Billings, ‘Katie Hopkins slams “pandering Brits” as Shamima Begum STRIPPED of UK citizenship’, Mirror, 20 February 2019, https://www.mirror.co.uk/news/uk-news/shamima-begum-katie-hopkins-syria-14023635
9. Democracy
1. ‘IAIN DUNCAN SMITH: Why it’s crucial that the judges who could decide the fate of Brexit ARE scrutinised’, Daily Mail, 7 December 2016, https://www.dailymail.co.uk/debate/article-4007894/IAIN-DUNCAN-SMITH-s-crucial-judges-decide-fate-Brexit-scrutinised.html
2. ‘PM statement on Brexit: 20 March 2019’, https://www.gov.uk/government/speeches/pm-statement-on-brexit-20-march-2019
3. Iain Duncan Smith, quoted in J. Tapsfield, T. Sculthorpe and M. Dathan, ‘“There is NO turning back!” David Davis warns Remoaner MPs they will face the full wrath of the public if they use Supreme Court ruling to block Brexit’, Daily Mail, 24 January 2017, https://www.dailymail.co.uk/news/article-4150822/Judges-ruling-PM-executive-powers-trigger-Brexit.html
4. Douglas Carswell MP, quoted in J. Slack, ‘Enemies of the people: Fury over “out of touch” judges who have “declared war on democracy” by defying 17.4m Brexit voters and who could trigger constitutional crisis’, Daily Mail, 3 November 2016, https://www.dailymail.co.uk/news/article-3903436/Enemies-people-Fury-touch-judges-defied-17-4m-Brexit-voters-trigger-constitutional-crisis.html
5. Iain Duncan Smith MP and Dominic Raab MP, quoted in ibid.
6. Iain Duncan Smith, quoted in P. Dominiczak, C. Hope and K. McCann, ‘Judges vs the people: Government ministers resigned to losing appeal against High Court ruling’, Telegraph, 3 November 2016, https://www.telegraph.co.uk/news/2016/11/03/the-plot-to-stop-brexit-the-judges-versus-the-people/
7. ‘IAIN DUNCAN SMITH: Why it’s crucial that the judges who could decide the fate of Brexit ARE scrutinised’, Daily Mail, 7 December 2016.
8. See D. Boffey, D. Glaister and P. Maguire, ‘Brexit high court decision means nothing has been ruled out’, Observer, 6 November 2016, https://www.theguardian.com/politics/2016/nov/06/brexit-high-court-decision-nothing-ruled-out
9. J. Slack, ‘Enemies of the people: Fury over “out of touch” judges who have “declared war on democracy” by defying 17.4m Brexit voters and who could trigger constitutional crisis’, Daily Mail, 3 November 2016.
10. Cited in S. C. Nelson, ‘MailOnline Attacks Brexit Judge For Being “Openly Gay”’, HuffPost, 3 November 2016, https://www.huffingtonpost.co.uk/entry/mailonline-online-attacks-brexit-judge-for-being-openly-gay_uk_581b344ee4b0ab6e4c1ba5ff
11. P. Dominiczak, C. Hope and K. McCann, ‘Judges vs the people: Government ministers resigned to losing appeal against High Court ruling’, Telegraph, 3 November 2016.
12. F. Gibb, ‘Next stop the Supreme Court as Brexiteers condemn judges’, The Times, 4 November 2016, https://www.thetimes.co.uk/article/next-stop-the-supreme-court-as-brexiteers-condemn-judges-fr3mgs2kx
13. Quoted in J. Slack, ‘Enemies of the people: Fury over “out of touch” judges who have “declared war on democracy” by defying 17.4m Brexit voters and who could trigger constitutional crisis’, Daily Mail, 3 November 2016.
14. ‘After judges’ Brexit block now your country really needs you: We MUST get out of the EU’, Daily Express, 4 November 2016, https://www.express.co.uk/comment/expresscomment/728602/Brexit-judges-block-leave-EU-referendum-High-Court
15. Quoted in P. Dominiczak, C. Hope and K. McCann, ‘Judges vs the people: Government ministers resigned to losing appeal against High Court ruling’, Telegraph, 3 November 2016.
16. ‘Theresa May defends press attacks on High Court judges’, Financial Times, 6 November 2016, https://www.ft.com/content/c0cad18e-a441-11e6-8898-79a99e2a4de6
17. W. Worley, ‘Liz Truss breaks silence on judiciary but fails to mention Brexit ruling backlash’, Independent, 5 November 2016, https://www.independent.co.uk/news/uk/politics/liz-truss-brexit-ruling-high-court-judges-criticised-a7399586.html
18. ‘Enemies of the people: Lord Chancellor Liz Truss says it would be dangerous to tell Daily Mail what to print’, Press Gazette, 1 March 2017, https://www.pressgazette.co.uk/enemies-of-the-people-lord-chancellor-liz-truss-says-it-would-be-dangerous-to-tell-daily-mail-want-to-print/
19. G. Adams, ‘The judges and the people: Next week, 11 unaccountable individuals will consider a case that could thwart the will of the majority on Brexit. The Mail makes no apology for revealing their views – and many have links to Europe’, Daily Mail, 3 December 2016. https://www.dailymail.co.uk/news/article-3995754/The-judges-people-week-11-unaccountable-individuals-consider-case-help-thwart-majority-Brexit-Mail-makes-no-apology-revealing-views-links-Europe.html
20. C. Hope, ‘Farage to lead 100,000-strong march on Supreme Court on day of historic Brexit court hearing’, Telegraph, 7 November 2016, https://www.telegraph.co.uk/news/2016/11/06/nigel-farage-to-lead-100000-strong-march-on-supreme-court-on-day/
21. ‘IAIN DUNCAN SMITH: Why it’s crucial that the judges who could decide the fate of Brexit ARE scrutinised’, Daily Mail, 7 December 2016.
22. J. Tapsfield, T. Sculthorpe and M. Dathan, ‘“There is NO turning back!” David Davis warns Remoaner MPs they will face the full wrath of the public if they use Supreme Court ruling to block Brexit’, Daily Mail, 24 January 2017.
23. Dominic Raab MP, quoted in, J. Slack, ‘Enemies of the people: Fury over “out of touch” judges who have “declared war on democracy” by defying 17.4m Brexit voters and who could trigger constitutional crisis’, Daily Mail, 3 November 2016.
24. Daily Mail, ibid, and ‘After judges’ Brexit block now your country really needs you: We MUST get out of the EU’, Daily Express, 4 November 2016.
25. The European Union (Notification of Withdrawal) Act 2017 was introduced in Parliament on 26 January 2017 and was enacted without amendment on 16 March 2017.
26. J. Slack, ‘Enemies of the people: Fury over “out of touch” judges who have “declared war on democracy” by defying 17.4m Brexit voters and who could trigger constitutional crisis’, Daily Mail, 3 November 2016.
27. R. (Miller & others) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), at [5].
28. Case of Proclamations [1610] EWHC KB J22, available at https://www.bailii.org/ew/cases/EWHC/KB/1610/J22.html
29. Ibid.
30. [2016] EWHC 2768 (Admin) at [108].
31. The Liberal Democrats have argued that the Salisbury Convention does not apply to minority governments, see House of Lords Library, N. Newson, ‘Salisbury Convention in a Hung Parliament’, LLN-2017-0030, 20 June 2017, https://researchbriefings.parliament.uk/ResearchBriefing/Summary/LLN-2017-0030
32. V. Bogdanor (ed.), Politics and the Constitution: Essays on British Government (Dartmouth Publishing, Aldershot, 1996), p. 5.
33. The Parliament Acts of 1911 and 1949 mean that the House of Commons can (in most circumstances) override the House of Lords if there is a gridlock, although this is rare. The most recent instance of the Parliament Acts being invoked came in 2004 and the enactment of the Hunting Act 2004 banning the hunting of wild mammals with dogs.
34. Prior to the United Kingdom leaving the European Union, our courts were required to disapply an Act of Parliament if it was contrary to EU law, as confirmed in the case of R (Factortame Ltd) v. Secretary of State for Transport [1990] UKHL 7. In practice this was exceptionally rare, and the reason the courts were required to do so is because Parliament, in section 2(4) of the European Communities Act 1972, legislated to make European Community law supreme in certain areas.
35. J. Tapsfield, T. Sculthorpe and M. Dathan, ‘“There is NO turning back!” David Davis warns Remoaner MPs they will face the full wrath of the public if they use Supreme Court ruling to block Brexit’, Daily Mail, 24 January 2017.
36. C. de Montesquieu, The Spirit of the Laws (1748), Chapter 11.
37. See Lord Hodge, ‘Upholding the rule of law: how we preserve judicial independence in the United Kingdom’, Lincoln’s Inn Denning Society, 7 November 2016, https://www.supremecourt.uk/docs/speech-161107.pdf
38. Section 17 of the Constitutional Reform Act 2005.
39. Section 3(1) of the Constitutional Reform Act 2005.
40. Section 7(2)(a), Constitutional Reform Act 2005.
41. Theresa May, ‘It’s MY job to deport foreigners who commit serious crime – and I’ll fight any judge who stands in my way, says Home Secretary’, Daily Mail, 17 February 2013, https://www.dailymail.co.uk/debate/article-2279828/Its-MY-job-deport-foreigners-commit-crime--Ill-fight-judge-stands-way-says-Home-Secretary.html
42. Theresa May MP, House of Commons, 22 October 2013, Hansard, column 162, https://hansard.parliament.uk/Commons/2013-10-22/debates/13102262000002/ImmigrationBill?highlight=Care%20COL:%20162
43. ‘Blair’s asylum stance “chilling”’, BBC News, 30 September 2003, http://news.bbc.co.uk/1/hi/uk_politics/3152982.stm
44. N. Stadlen, ‘Brief Encounter: David Blunkett’, Guardian, 9 October 2006, https://www.theguardian.com/politics/2006/oct/09/davidblunkett
45. R. Verkaik, ‘Judges are out of touch, says furious Blunkett’, Independent, 15 May 2003, https://www.independent.co.uk/news/uk/crime/judges-are-out-of-touch-says-furious-blunkett-104765.html
46. N. Stadlen, ‘Brief Encounter: David Blunkett’, Guardian, 9 October 2006.
47. ‘Is sentencing too tough?’, BBC News, 1 July 2003, http://news.bbc.co.uk/1/hi/programmes/newsnight/3035512.stm
48. J. Rozenberg, ‘Judges were right to snub Blunkett’s dinner date’, Telegraph, 19 October 2006, https://www.telegraph.co.uk/news/uknews/1531796/Judges-were-right-to-snub-Blunketts-dinner-date.html
49. N. Stadlen, ‘Brief Encounter: David Blunkett’, Guardian, 9 October 2006.
50. House of Lords Constitution Select Committee, Sixth Report 2006–7, at Chapter 2, https://publications.parliament.uk/pa/ld200607/ldselect/ldconst/151/15102.htm
51. R (on the application of Miller) v. Prime Minister; Cherry & others v. Advocate General [2019] UKSC 41.
52. ‘Parliament suspension: Queen approves PM’s plan’, BBC News, 28 August 2019, https://www.bbc.co.uk/news/uk-politics-49493632
53. M. Weaver, ‘Suspending parliament not done to stifle Brexit debate, says Wallace’, Guardian, 12 September 2019, https://www.theguardian.com/politics/2019/sep/12/suspending-parliament-not-shut-down-brexit-debate-ben-wallace
54. See David Allen Green, ‘The curious incident of the missing witness statement’, Financial Times, 6 September 2019, https://www.ft.com/content/11983298-d08e-11e9-99a4-b5ded7a7fe3f
55. ‘Kwasi Kwarteng criticised for “biased judges” comment’, BBC News, 12 September 2019, https://www.bbc.co.uk/news/uk-politics-49670901
56. K. Schofield, ‘Jacob Rees-Mogg brands Supreme Court ruling a “constitutional coup” as MPs prepare to grill Boris Johnson’, PoliticsHome, 25 September 2019, https://www.politicshome.com/news/uk/political-parties/conservative-party/news/106811/jacob-rees-mogg-brands-supreme-court-ruling
57. M. Fouzder, ‘Supreme Court appointments may need MPs’ approval – Attorney General’, Law Society Gazette, 25 September 2019, https://www.lawgazette.co.uk/news/supreme-court-appointments-may-need-mps-approval-attorney-general/5101571.article
58. A. Woodcock, ‘Boris Johnson appears to contradict his own claim that parliament suspension was “nothing to do with Brexit”’, Independent, 24 September 2019, https://www.independent.co.uk/news/uk/politics/boris-johnson-brexit-news-latest-supreme-court-parliament-prorogue-a9118576.html
59. J. Longworth, ‘The Supreme Court has sided with usurping Remainers over the people’, Telegraph, 24 September 2019, https://www.telegraph.co.uk/politics/2019/09/24/supreme-court-have-sided-usurping-remainers-people/amp/
60. A. Wickham, ‘Cabinet Ministers Are Privately Threatening A Radical Overhaul Of The Courts After The Supreme Court Brexit Judgment’, Buzzfeed News, 25 September 2019, https://www.buzzfeed.com/alexwickham/cabinet-ministers-supreme-court-brexit-decision
61. For an analysis as to how and why the decision was ‘rooted in well-established constitutional principles’, see Professor Mark Elliott, ‘The Supreme Court’s judgment in Cherry/Miller (No 2): A new approach to constitutional adjudication?’, Public Law for Everyone, 24 September 2019, https://publiclawforeveryone.com/2019/09/24/the-supreme-courts-judgment-in-cherry-miller-no-2-a-new-approach-to-constitutional-adjudication/
62. ‘IAIN DUNCAN SMITH: Why it’s crucial that the judges who could decide the fate of Brexit ARE scrutinised’, Daily Mail, 7 December 2016.
63. See Desmond Swayne MP, @ITVNewsPolitics, Twitter, 25 September 2019, https://twitter.com/ITVNewsPolitics/status/1176811495876943872?s=20
64. ‘Death row trip for Tory MP who wants death penalty’, BBC News, 16 July 2012, https://www.bbc.com/news/uk-politics-18858496
65. C. Greenwood, ‘“Criminals” aged just 3: Children responsible for hidden crimewave, including rape and vandalism . . . and there’s nothing police can do’, Daily Mail, 27 June 2011, https://www.dailymail.co.uk/news/article-2008403/Criminals-aged-just-3-Children-responsible-hidden-crimewave-including-rape-vandalism--theres-police-do.html?
66. ‘“Re-train soft judges” says Shipley MP Philip Davies’, Telegraph & Argus, 26 February 2014, https://www.thetelegraphandargus.co.uk/news/11035877.re-train-soft-judges-says-shipley-mp-philip-davies/
67. S. Wright, ‘MP Philip Davies to ask questions about justice system after day with city’s top judge’, Telegraph & Argus, 18 August 2014, https://www.thetelegraphandargus.co.uk/news/11415427.mp-philip-davies-to-ask-questions-about-justice-system-after-day-with-citys-top-judge/
68. G. Nicks, ‘MPs: Judge dreadful should get the sack’, Daily Star, 7 September 2012, https://www.dailystar.co.uk/news/latest-news/271032/MP-s-Judge-dreadful-should-get-the-sack
69. Joint Committee on Privacy and Injunctions, ‘Privacy and Injunctions’, 12 March 2012, https://publications.parliament.uk/pa/jt201012/jtselect/jtprivinj/273/27302.htm
70. A. Sparrow, ‘John Hemming faces calls to resign for abusing parliamentary privilege’, Guardian, 24 August 2011, https://www.theguardian.com/politics/2011/aug/24/john-hemming-resign-abusing-privilege
71. J. Martinson, ‘Theresa May and her man from another world’, Guardian, 21 May 2017, https://www.theguardian.com/politics/2017/may/21/theresa-may-and-her-man-from-another-world
72. Q. Letts, ‘Judges blew their hallowed status with the Supreme Court ruling and will now be fair game for public scrutiny’, the Sun, 24 September 2019, https://www.thesun.co.uk/news/9998887/judges-supreme-court-public-scrutiny/amp/
73. See e.g. C. Woodhouse, ‘Britain’s weakest judges revealed following case reviews of lenient sentences’, the Sun, 2 January 2016, https://www.thesun.co.uk/archives/politics/934360/britains-weakest-judges-revealed-following-case-reviews-of-lenient-sentences/
74. House of Lords Constitution Select Committee, Sixth Report 2006–7, at Chapter 2.
75. C. Hope, ‘Farage to lead 100,000-strong march on Supreme Court on day of historic Brexit court hearing’, Telegraph, 7 November 2016.
76. V. Oliphant, ‘“THIS WILL BLOCK BREXIT” – Eurosceptic fury at High Court BETRAYAL on Article 50’, Daily Express, 3 November 2016, https://www.express.co.uk/news/uk/728349/High-Court-Article-50-Brexit-vote-parliament-Eurosceptics-UKIP-furious
77. W. Chalk and K. Virk, ‘Leave.EU “now a far-right organisation”, Labour MP says’, BBC News, 4 April 2018, https://www.bbc.co.uk/news/newsbeat-43633204
78. R. Wearmouth, ‘Leave.EU Condemned For “Perverse” And “Bigoted” Anti-Muslim Tweet’, HuffPost, 3 April 2018, https://www.huffingtonpost.co.uk/entry/leaveeutweet-suspended_uk_5ac386e2e4b04646b6465e25
79. @LeaveEUOfficial, Twitter, 23 December 2016, https://twitter.com/LeaveEUOfficial/status/812319361373343746
80. @LeaveEUOfficial, Twitter, 1 August 2018, https://twitter.com/LeaveEUOfficial/status/1024591138664181762
81. J. Halliday, ‘How Tommy Robinson put Huddersfield grooming trials at risk’, Guardian, 19 October 2018, https://www.theguardian.com/uk-news/2018/oct/19/how-tommy-robinson-put-huddersfield-grooming-trials-at-risk
82. D. Smith, ‘Trump diplomat lobbied UK over Tommy Robinson – report’, 14 July 2018, https://www.theguardian.com/uk-news/2018/jul/14/us-raises-concerns-with-uk-about-safety-of-tommy-robinson-jailed-edl-founder
83. ‘Suspect package delivered to the judge who jailed Tommy Robinson at Leeds Crown Court’, Yorkshire Evening Post, 9 November 2018, https://www.yorkshireeveningpost.co.uk/news/suspect-package-addressed-to-judge-who-jailed-tommy-robinson-at-leeds-crown-court-1-9436693
84. @jk_rowling, Twitter, 3 November 2016, https://twitter.com/jk_rowling/status/794217086599962624?lang=en
85. F. Gibb, ‘Sir Terence Etherton: “I’m not an activist, but I think it is my duty to be open”’, The Times, 31 May 2018, https://www.thetimes.co.uk/edition/law/sir-terence-etherton-im-not-an-activist-but-i-think-it-is-my-duty-to-be-open-r5st3p88s
86. O. Bowcott, ‘Lord chief justice attacks Liz Truss for failing to back article 50 judges’, Guardian, 22 March 2017, https://www.theguardian.com/politics/2017/mar/22/lord-chief-justice-castigates-liz-truss-for-failing-to-defend-judges
87. C. Davies, ‘Thousands spent on judges’ security amid growing hostility’, Guardian, 27 February 2017, https://www.theguardian.com/law/2017/feb/27/thousands-spent-on-judges-security-amid-growing-hostility
88. C. White, ‘Man leaped out of dock to attack judge after being found guilty’, Metro, 15 May 2017, https://metro.co.uk/2017/05/15/man-found-guilty-of-burglary-so-attacks-judge-in-the-courtroom-6638178/; C. Gorman, ‘Woman judge assaulted in family court’, The Times, 12 December 2015, https://www.thetimes.co.uk/article/woman-judge-assaulted-in-family-court-6c3pztpj5q8
89. ‘Why US top court is so much more political than UK’s’, BBC News, 6 October 2018, https://www.bbc.co.uk/news/world-us-canada-45632035
90. ‘US reverses travel ban over court ruling as Trump fumes’, BBC News, 4 February 2017, https://www.bbc.com/news/world-us-canada-38868571
91. ‘Chief Justice Roberts rebukes Trump’s “Obama judge” gibe’, BBC News, 22 November 2018, https://www.bbc.co.uk/news/world-us-canada-46294734
92. A. Boult, ‘“See you in court” – Trump’s furious tweet mocked on social media’, Telegraph, 10 February 2017, https://www.telegraph.co.uk/news/2017/02/10/see-court-trumps-furious-tweet-mocked-social-media/
93. ‘Poland reinstates Supreme Court judges following EU ruling’, BBC News, 17 December 2018, https://www.bbc.com/news/world-europe-46600425
94. C. Morris, ‘Reality check: The numbers behind the crackdown in Turkey’, BBC News, 18 June 2018, https://www.bbc.com/news/world-middle-east-44519112
95. J. Woods, ‘A Hungarian judge to BBC: there is a general climate of fear’, Daily News Hungary, 1 May 2018, https://dailynewshungary.com/a-hungarian-judge-to-bbc-there-is-a-general-climate-of-fear/
Epilogue
1. M. Weaver and E. Durkin, ‘BBC cameraman shoved and abused at Trump rally in El Paso’, Guardian, 13 February 2019, https://www.theguardian.com/media/2019/feb/12/bbc-cameraman-shoved-and-abused-at-trump-rally-in-el-paso
2. E. Stewart, ‘Trump calls media the “true Enemy of the People” the same day a bomb is sent to CNN’, Vox, 29 October 2018, https://www.vox.com/policy-and-politics/2018/10/29/18037894/donald-trump-twitter-media-enemy-pittsburgh
3. E.g. see F. Mayhew, ‘Tommy Robinson supporters chant “scum” at journalists as EDL founder calls media “enemy of the people” in attack on free press outside court’, Press Gazette, 23 October 2018, https://www.pressgazette.co.uk/tommy-robinson-supporters-chant-scum-at-journalists-as-edl-founder-calls-media-enemy-of-the-people-in-attack-on-free-press-outside-court/
4. A. Wagner, ‘Joshua Rozenberg resigned Telegraph post after editors sexed up human rights story’, UK Human Rights Blog, 19 February 2015, https://ukhumanrightsblog.com/2015/02/19/joshua-rozenberg-resigned-telegraph-post-after-editors-sexed-up-human-rights-story/#more-25397
5. I. Hardman, ‘Brexit has revealed MPs’ flaws – and our own’, Observer, 13 January 2019, https://www.theguardian.com/commentisfree/2019/jan/13/brexit-mp-flaws-parliament-britain
6. Attorney General’s Office and R. Buckland QC MP, ‘Our vision for legal education’, 31 October 2018, https://www.gov.uk/government/news/our-vision-for-legal-education
7. House of Lords, Select Committee on Citizenship and Civic Engagement, Report of Session 2017–19, HL Paper 118, ‘The Ties that Bind: Citizenship and Civic Engagement in the 21st Century’, 18 April 2018, Summary of conclusions and recommendations, paragraph 16, https://publications.parliament.uk/pa/ld201719/ldselect/ldcitizen/118/11813.htm#_idTextAnchor256
8. See the Bach Report, Chapter 6 and appendices, reproduced at https://sirhenrybrooke.me/2017/10/12/the-bach-report-19-public-legal-education/
9. Ibid.
10. M. Cross, ‘New tech to “halve” transcript costs’, Law Society Gazette, 1 April 2019, https://www.lawgazette.co.uk/news/new-tech-to-halve-transcript-costs/5069820.article
11. B. Thornton, ‘The mysterious case of the vanishing court reporter’, The Justice Gap, 7 April 2017, https://www.thejusticegap.com/mysterious-case-vanishing-court-reporter/
12. F. Mayhew, ‘Cairncross Review: Key facts and findings you might have missed’, Press Gazette, 22 February 2019, https://www.pressgazette.co.uk/cairncross-review-key-facts-and-findings-you-might-have-missed/
13. The average length of custodial sentence is 20.4 months and has steadily increased since September 2008 – see Ministry of Justice, ‘Criminal Justice Statistics quarterly, England and Wales, October 2017 to September 2018’, 21 February 2019, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/780612/criminal-justice-statistics-quarterly-september-2018.pdf
14. A. Travis, ‘England and Wales have highest imprisonment rate in western Europe’, Guardian, 14 March 2017, https://www.theguardian.com/society/2017/mar/14/england-and-wales-has-highest-imprisonment-rate-in-western-europe
15. House of Commons Library, G. Sturge, ‘UK Prison Population Statistics’, CBP-04334, 23 July 2019, https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN04334
16. M. Robinson, ‘Brazen prisoners FILM a cell raid on smuggled mobile phone and taunt the inmate led away by officers in riot gear at jail as they dub “Butlins with bars”’, Daily Mail, 23 October 2017, http://www.dailymail.co.uk/news/article-5008749/Brazen-prisoners-FILM-cell-raid-officers-riot-gear.html
17. S. Walters, ‘Criminals face new “spartan prisons”: Justice Secretary plans tough regime with uniforms, no Sky TV and less pocket money’, Mail on Sunday, 2 February 2013, https://www.dailymail.co.uk/news/article-2272572/Criminals-face-new-spartan-prisons-Justice-Secretary-s-tough-regime-uniforms-Sky-TV-pocket-money.html
18. M. Smith, ‘Where is the most fertile ground for a new party?’, YouGov, 1 August 2018, https://yougov.co.uk/topics/politics/articles-reports/2018/08/01/where-most-fertile-ground-new-party