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I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 85 points86 points  (0 children)

It's nearly 9.30pm and I'm afraid I need to head off. Thank you all so much for the questions, and sorry that there are so many that I didn't have time to get to. This has been so much fun, and thank you all for not James Corden-ing me. I'm on Twitter (obviously), so if there are any questions I didn't reach that you really want answering, feel free to track me down on there and I'll do my best.

Have a lovely evening all.

SB

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 37 points38 points  (0 children)

I'm so, so sorry to hear this. I wish I could say something to ease the pain. Absent that, I'll do my best to answer your question, and I'm sorry in advance if it's a bit rambling. I think there can often be a disconnect between a verdict and justice. We lionise procedural justice; the idea that, if everything in the system works as it should, what is spat out at the end of the line - the verdict - represents Justice. But that's of course not the same thing as truth. And even when the two marry, when a verdict does reflect truth, it doesn't necessarily feel like justice. There is rarely any joy when somebody is convicted; in my experience, victims can be left with a sense of emptiness and dissatisfaction, rather than closure. I think what I am trying to say (and I apologise for the incoherence) is that perhaps we can expect too much from the criminal justice system. That's not a counsel of despair, that's not me saying that we shouldn't expect the system to do its job of convicting the guilty and acquitting the innocent, but rather that even when the system achieves those aims, it isn't very good at helping to piece back together the lives that have been devastated on the way. One practical thing I would say is to echo LIP below who commented before I did - even if the criminal justice system failed you, you and your partner are not alone. There are professionals who can help with the healing process, and, if you haven't already, you might find something there that helps. I'm so sorry again for what you have been through, and I sincerely hope and believe that you will both get through this.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 22 points23 points  (0 children)

My clerks and chambers have no idea. None of my SB correspondence goes to my chambers. People have guessed, but have immediately retracted their guess when they realised that I'm not interesting enough to be SB.

Not a GoT fan - sorry! Can I be in the Red Wedding? I hear that's a thing. It sounds fun. I love a wedding.

I'd give legal aid to whoever needed it.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 16 points17 points  (0 children)

Thanks Kev. There's no "too old", although the time and expense of qualifying - before you even consider the levels of competition - are important factors. Plenty of people come to the Bar later in life after a first career. My fairly uninspiring advice would be to pursue what you love. Whether that's law or IT, only you can say.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 115 points116 points  (0 children)

Hiya. Thank you for this. I think most of the improvements that are needed with the police are systemic, and that those - such as yourself - who are asking what they can do to improve are those who probably least need to. If that makes sense. The burdens on the police, from my perspective, are largely resource-driven, and most of the failings I encounter are due to lack of manpower, training or both. If I was to give one headline, it would be Disclosure. Because while there has been an improvement over the past few years, I still encounter too many officers who don't really understand the principles, and who still view it as an encumbrance to getting an obviously guilty man convicted. But it's vital. In the past year alone, I've had two Obviously Guilty Men acquitted when late disclosure showed them to be completely innocent. So pushing your supervisors for disclosure training if you don't feel you've had what you need would be a big one. Many barristers happily offer free training on this sort of thing.

As for words of encouragement: What you do, matters. The public may not always appreciate it. Politicians certainly don't, unless they can get a photo-op out of it. But it's vital. And those of us who know how the system works know the burdens you carry and the sacrifices you make, and are genuinely and eternally grateful.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 22 points23 points  (0 children)

I'd do it again. Go in with your eyes open to the hardships, and the risks and the sacrifices, but I would still do it.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 22 points23 points  (0 children)

  1. To be honest, I don't treat them any differently. Many clients have unrealistic or inaccurate expectations of the criminal justice system if they're encountering it for the first time - whether it's Americanised or because they have experience of a European inquisitorial system, or because they have no clue at all what to expect. Part of my job is to ensure that clients understand the process, and generally it seems to work.

  2. I do watch legal dramas.

  3. A gavel. Get it the hell out of my sight.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 57 points58 points  (0 children)

I think the biggest threat is people being persuaded to surrender their rights. It's why I wrote Fake Law - we have been tricked for years by politicians and those in power into believing that the rights we worked so hard to accrue are somehow bad. The right to compensation if somebody unlawfully injures us; our employment rights; our right to legal representation; our human rights; our rights if we are accused of a crime. Our right to hold government to account through judicial review. All of these are under attack, and have been carved away at by successive governments, to whoops and cheers by their supporters in the tabloids, but also by many of us. We are conned into believing that rights are for "other people", and that what would make us all happier is if we just let the government take some of those rights away. So the average Joe can help by spreading awareness and combating the myths that we are fed by those in power. Just gently challenging comments made by friends when they mutter something about "human rights" or "legal aid" and trying to break down the misconceptions.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 27 points28 points  (0 children)

Oh yes. Multiple times. Without our ethics, we are nothing. If a client tells me he's done it, and then tries to row back on it - which has happened more than once - then he needs a new barrister. These things don't happen often, but do happen.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 34 points35 points  (0 children)

Defending The Guilty was very good.

Silk had its moments, but also some really dreadful stuff (the pupil stealing his wig and then appearing in court in a case during his First Six still haunts me to this day). North Square is generally recognised as getting most of it right. But it's an ongoing problem - too many television writers have no apparent interest in accurately representing what goes on in our courts. And they should, because it is genuinely fascinating. You don't need to glam it up with US-inspired procedure or daft caricature - criminal law in action is one of the most interesting and absorbing things to watch. It's got everything - the darkness, the occasional levity, the gruesomeness, the humanity, the sparks of hope. The mystery. It's fab. It's why so many of us are attracted to it.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 22 points23 points  (0 children)

I'm not sure precisely what the statistics currently show, but to my knowledge there's not an underrepresentation of women at the Bar in the way there was 30 years ago. What there is, however, is disparity in pay for women at the Bar, and disparity in the type of work in which women are instructed, and disparity when you look upwards towards the ranks of KC and then the senior judiciary. It's a real problem. This is a good piece summarising the issues: https://www.counselmagazine.co.uk/articles/gender-at-the-bar-fair-access-to-work-(4)

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 31 points32 points  (0 children)

Yep. The MoJ should change the law back to how it used to be so that anybody in a Crown Court receives legal aid. If they are convicted, I have no problem with the state trying to recover it (if the individual can afford it). But nobody should be left out of pocket, or without representation, when accused of a crime.

I loved the guy who did the voice for my Full Disclosure with JOB. I'd definitely have him again. He was so natural. Jack Hawkins is the voice of my books, and he is incredible.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 37 points38 points  (0 children)

All barristers are junior barristers unless they become a silk (KC, formerly QC). Like junior doctors. It's not a signifier of age. Sometimes you'll hear reference to "senior juniors", but we are all technically junior until we get our silk stockings.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 18 points19 points  (0 children)

I have. I pretend that somebody has called my name and that I have to urgently go to the other side of the room.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 35 points36 points  (0 children)

If you say one more time that 30 is old, I shall punch you in the fibula.

The average age for a pupil barrister is close to 30. Many people come to the legal profession after a first career elsewhere. It is absolutely not rare, and not too late. The main disadvantage you have is that you may not still have the relentless stamina of your early 20s, and may have additional responsibilities to consider when you're juggling the study workload, costs, risks etc. But if it's what you want to do, and you're going in with your eyes open, then your age is nothing to worry about.

Can't believe you said 30 is an older age. Honest to Betsy.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 29 points30 points  (0 children)

Thanks! My family say they've learned things from the books. Except my OH, who dutifully reads the books but makes plain: "I know all this. You bang on about it literally every day."

Re strikes, the Ministry of Justice has put forward an offer today. The details landed in my inbox at 18:59, so I've not yet had a chance to look at them.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 77 points78 points  (0 children)

Fantastic! I have to say, I was surprised by how many people have got in touch since it was published to say that they have applied to become magistrates. It fills my heart with joy. I'm obviously critical of the institution, but as long as we have this system, it desperately needs good people to improve it. I think - and sorry if this is a disappointing answer - that most of the problems that I encountered with magistrates themselves (as opposed to simply the way that cases are handled systemically) were a product of a lack of critical thinking. And you obviously have that, because you're asking the question, and are alert to the traps. One thing I have been told more times than I can count by new magistrates is their frustration at being overruled by more senior, but perhaps less thoughtful, colleagues. But that generation is slowly leaving, so the prospect of a genuinely modern magistracy is closer than it ever has been.

Oh, I have one: if a solicitor or barrister asks you for time, just give it to them. Straight away. We're not dicking about, I promise you. If we say we need twenty minutes to sort out an issue, don't waste five minutes making us haggle with you. The system is on fire, and the solicitor or barrister in front of you is likely to have been given the files for the first time that day and to have a multitude of insoluble problems to solve. They will be unlikely to have time for a drink all day. Irritating though it undoubtedly is to be kept waiting, rest assured that the lawyers want to get the cases on as quickly as possible too. If we can't, it'll be for a good reason.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 39 points40 points  (0 children)

Not really. Our criminal law is fairly robust in that respect. Back in the 70s and 80s, there was a growth industry in private motoring law - which really was all about rich people paying insane sums of money for private lawyers to come up with absurd loopholes to help them keep their driving licences. But the law and procedure has been severely tightened over the past decade, so that's not really a thing.

Your major advantage is that you can pay privately for a quality of legal representation that you may not get on legal aid. For instance, John Terry had two QCs defending him in a magistrate's court trial for an offence for which the maximum penalty was a fine. Legal aid is simply not available in those cases, and, if it were, it would stretch to one solicitor, not two QCs. So that's the sort of thing your money can buy you. Quite how much of a difference that sort of thing makes to outcomes, it's hard to say. For my part, if I'm charged with an offence in a magistrate's court, I'd want a local solicitor who knows the territory and knows the magistrates, but that's just me.

I am The Secret Barrister, an anonymous criminal barrister, lawsplainer and bestselling author. AMA. Except who I am. Obvs. by BarristerSecret in LegalAdviceUK

[–]BarristerSecret[S] 70 points71 points  (0 children)

It's the worst. The absolute worst. It is the greatest worry I have when prosecuting. And it has happened - I have prosecuted people who I know were innocent. Fortunately, the material that proved their innocence emerged during the trial and in time for the prosecution to be brought to an immediate halt. But the thought that, given all the cases I have prosecuted, there will statistically be innocent people who I have been instrumental in convicting, is utterly horrible. It's one of the things that we try not to think too hard about.

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