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Weekly Round Up 02.11.12

CBA Chairman’s Update: Michael Turner QC:



Chairman’s Update: Friday 2nd November


  • Telling it How it is: We get the message out there
  • Bar Council Saturday Meeting: Minutes Published
  • CBA Elections: Voting Now Open
  • Are victims being sold short? Silks working at Junior Rates: Forum Opens
  • Bar Conference: A Final Push
  • Referral Fees: An initiative
  • To apply for an upgrade or not: Help is at hand
  • Forth Coming Events


  1. 1.                  Telling it How it Is


Your Chairman was given a column in the Mirror on Monday read it here. It has provoked a good deal of interest and we hope it is going to lead to a wider airing of the pointless and wasteful attack on our profession and the legal aid system.


  1. 2.                  Saturday Bar Council Meeting: 20th October


As reported last week there was a very lively debate at this meeting on QASA and the Bar Council Budget which was rejected. The full minutes are now available here


  1. 3.                  CBA Elections


Those elected Nem Con as follows:-


Treasurer: Thomas Payne of 18 Red Lion Court


Election for two Silks is now open. For runners and riders and ballot sheet click here


Please trouble to vote, all those good enough to put themselves forward in these hardened times deserve your attention.


  1. 4.                  Are Victims Being Sold Short: Silks Working at Junior Rates


Kier Stammer (DPP) has agreed to investigate any examples of Silks being instructed at junior rates to prosecute and any inappropriate use of juniors leading in murder cases. If bad practice is creeping in we need to know. Kier Stammer will do what he promises but we must have the examples if they exist. Help us to help you. Please post examples on the Forum here.


  1. 5.                  Bar Conference: A Final Push


The Bar Conference is on Saturday 10th November. The main stream press will be in attendance and the CBA line up is stunning. We propose to launch the fight back. If we have any hope in saving our great profession we need your support, please try and come. To book places click here.


  1. 6.                  Referral Fees: An Initiative


The CBA is absolutely against this pernicious practice. We propose writing to all heads of Chambers and asking for an assurance that their set does not indulge in such practices and never will. We will publish the names of all Chambers who sign up to the initiative so please respond when our letter comes next week.


  1. To apply for an upgrade or not: Help is at hand.


This is a South Eastern Circuit initiative and a very useful one too.





  1. 8.                  Forthcoming Events



Old Bailey Lecture:

The Ann Goddard Memorial Lecture

Work of the Sentencing Council

Tuesday 6th November 2012

The Old Bailey

The award to the winners of the CBA’s new Bursary Scheme

will be presented after the lecture by Sir Anthony Hooper

To secure your place please email Aaron


Old Bailey Lecture:

Research on Juries

Tuesday 4th December 2012

The Old Bailey

To secure your place please email Aaron


The Annual Bar Conference 2012 – Further message from the Vice Chair, Bar Conference 2012:

Every year, for the last 27 years, the Bar joins together for the prestigious Bar Conference in London, debating and shaping the Bar’s future.

Here are a few highlights of this year’s conference on 10 November 2012:


  • Pick up top tips from media and PR experts on how to effectively market yourself;


  • Hone your skills questioning vulnerable witnesses with the Advocacy Training Council;


  • Join in the debate with Lord Justice Hooper, Clive Stafford-Smith (Founder of Reprieve) and Roger Smith (Director of Justice) at the CBA session: ‘Cutting legal aid: Damaging democracy and killing open justice.’


For the full programme and to book (a discount is available if three or more delegates book together) click here 


And don’t forget, the Conference will also provide you with up to 6.5 CPD hours.


I look forward to seeing you there.


Best regards,


Saba Naqshbandi

Vice-Chair, Bar Conference 2012




Digital Working

We appear to be moving slowly but inexorably towards digital working in the criminal justice system.  There is a little-known but busy group called the CJS Efficiency Programme which includes representatives from the MoJ, the CPS, HMCTS, the judiciary, NOMS and the defence community.  The CJS Efficiency Programme is trying to ensure there is joined-up thinking between all parties likely to be affected by the CPS’ move towards the digital service of material and the MoJ’s ambition to make better use of digital technology at all stages of the criminal justice system, from the collection of evidence by the agencies of law enforcement to the presentation of evidence at court.

They are acutely aware that members of the Bar are at the sharp end of these changes as the ultimate users of the material; we are the ones who are ultimately responsible for presenting the material in a way that is comprehensible by the court, whether that involves a witness, the judge or the jury.

Accordingly they are very anxious to get feedback from the Bar about how the changes are affecting us and what problems we may experience or envisage; the aim is to fine-tune the system so that these problems are resolved as quickly and painlessly as possible and the transition is therefore as effective as possible.

Please read the attached document which provides various links to places where you can get more information and advice.  Perhaps most importantly there is an email address there for you to transmit your experiences directly to the CJS Efficiency Programme.  I know from my own experience working with them that they take all our contributions seriously and pursue any issues we may experience.


You should also note that Legal Guidance on Digital Working across the Criminal Justice System has, today, been published on the Justice website.


The guidance sets out clearly the basis for digital working according to statute and the Criminal Procedure Rules. This includes the position regarding ‘wet signatures’ and ‘original documents’ in criminal proceedings. It was created by the CPS in consultation with agencies and partners involved in the CJS Efficiency Programme; this includes the judiciary and defence representative bodies.  


It is being communicated with the following important messages:


  • the guidance does not initiate any new digital business processes or signal any further immediate moves to digital working;


  • it does not mean that we are ‘switching off’ paper; situations where paper-based processes remain are clearly described in the guidance;


Perhaps the most important page from our point of view is the Defence Practitioners’ page on the Justice website. The previous ‘frequently asked questions’ have been updated and reworked into guidelines for practitioners.”

Further details can be found HERE


Health Support and Advice for the Bar – Law Care:

LawCare provides an independent and confidential service which assists members of the Law Societies of England and Wales, Scotland, Northern Ireland, Ireland and the Isle of Man; the Institute of Legal Executives; the Bar Councils of England and Wales, the Republic of Ireland, and Northern Ireland; the Faculty of Advocates in Scotland; the Department of Justice; the Institute of Barristers Clerks; and the National Association of Paralegals.  This is a confidential advisory service to help lawyers, their immediate families and their support staff to deal with the health issues and related emotional difficulties that can result from a stressful career as a lawyer, or working with lawyers. LawCare is there to support and assist you, too.  

LawCare offers you the opportunity to discuss problems that are interfering with, or have the potential to interfere with, your work performance and / or your family life and to seek to help in resolving these problems.

Through LawCare, help is available to those who are suffering from stress and/or depression, or who have alcohol, drug or other dependency concerns, or eating disorders.


There is a helpline which is open 365 days a year:-

9am – 7.30pm, Monday to Friday

10am – 4pm Saturday, Sunday and UK Bank Holidays

0800 018 4299

Further details can be found on the website here


Follow the chairman on twitter:


Other News:   





Criminal Law Week – updates (issue 40)

Key updates from this week’s issue of Criminal Law Week:


Admissions and confessions – Privy Council considers the admissibility of a self-serving statement to show the attitude of the accused at the time he made it:  Hamilton and anor v. The Queen (CLW/12/40/1).


Hearsay – the Court of Appeal reviews in detail the statutory framework under the Criminal Justice Act 2003:  R. v. Riat and other appeals, C.A. (CLW/12/40/2).


Firearms – whether burden of proving the defence under the Firearms Act 1982, s.1(5) (in relation to imitation firearms), lawfully falls on the defendant:  R. v. Williams, C.A. (CLW/12/40/3).


Murder – impact of previous conviction for manslaughter when sentencing for murder:  R. v. Khaleel, C.A. (CLW/12/40/4).


Prosecution of Offences Act 1985 – new order alters the circumstances (set out in S.I. 1999 No. 904) in which the Director of Public Prosecutions will and will not be required to take over criminal proceedings:  S.I. 2012 No. 2681 (CLW/12/40/11).  





CBA Bookclub Page:

The CBA book club page has just been updated, allowing CBA members to enjoy a 15% discount on the forthcoming editions of Blackstone’s Criminal Practice 2012 and the Blackstone’s Magistrates’ Court Handbook 2013, as well as many other Criminal Law books.

Your exclusive bookclub page can be found HERE


Youth Court Guide, Fifth Edition:

Updated to all changes to the youth justice system including:

  • The Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • The Criminal Procedure Rules 2012

15% discount when you quote TOYCG15

List price: £70

CBA price: £59.50

Further information can be found HERE



 Upcoming International Events and Opportunities


Russian Law Week 2012, London                                                                                  

5 – 7 November 2012                 

The second Russian Law Week 2012, of which the Bar Council is a co-organiser, will bring leading Russian and UK practitioners together to discuss the latest developments in Russian Law. The UK Secretary of State for Justice, Chris Grayling MP and the Ambassador of the Russian Federation, Alexander Yakovenko will give brief addresses at the evening reception on 5 November.


Other keynote speakers include:

  • Michael Galperin, Russian Ministry of Justice
  • Dr Andrey Egorov, Supreme Arbitrazh (Commercial) Court
  • Glenn Kolleeny, Salans
  • Konstantin Olefir, Russian Direct Investment Fund
  • Pavel Volkov, Russian Ministry of Economic Development
  • Feodor Vyacheslavov, ALRUD Law Firm
  • Agafonova Galina Alexandrovna, Moscow City Court
  • Dr Anton Asokov, Lomonosov University, Moscow


 This is an excellent opportunity for any barrister wishing to develop their practice in relation to Russia. The event is accredited with 12 CPD hours by the Bar Standard Board. Click here to register and view the draft programme.


10th Slynn Foundation Lecture

12 November, 18:00, Clifford Chance, London

A lecture on “The Supreme Court: Reflection on the First Three Years” by Lord Phillips of Worth Matravers KG PC. For further information see here


American Bar Association conference- Increasing Access to Justice through E.U. Class Actions: A Conference for Litigators and Policy Makers

12 – 13 November 2012 at the European Parliament Building in Brussels, Belgium

This jointly presented two day conference will include discussions on topics such as class actions relating to enforcement of basic human rights, collective redress as it applies to the EU and US, and access to justice as a human right.

The conference will also feature several networking breaks as well as a social reception to be held Monday evening at the Renaissance Hotel. For a full agenda, please click here


For further information regarding registration, hotel or sponsorship opportunities for this conference, please contact Curry Wilson.




12th annual Law Reform Committee Lecture

15 November 2012 at 17:30 in Inner Temple Hall, London

The Law Reform Committee is pleased to announce Rt. Hon Lord Sumption as the keynote speaker at its 12th annual lecture. Rt. Hon Lord Sumption will speak on, “Home Truths about Judicial Diversity”.

Entry to this event is free and by ticket only. To request a ticket, please contact Wendy McLaughlin by 8 November 2012.


Capital Markets in the 21st Century

29 November 2012, The Law Society, 113 Chancery Lane, London

Following the successful first Joint ABA International/Law Society Capital Markets Day in London last year, a second capital markets conference has been scheduled to take place at the Law Society’s offices in London on 29 November 2012. For further information and to register, please clickhere



Arbitration in Germany v Arbitration in London

7 December 2012, Hamburg

The Bar Council is organising a joint seminar with the German Bar in Hamburg. Please see the attached draft programme.



Mauritius International Arbitration Conference

10 – 11 December 2012, Intercontinental Hotel, Balaclava, Mauritius

This is the second biennial Mauritius International Arbitration conference and will be opened by the Prime Minister of Mauritius. The conference will feature a panel formed of leading international and regional practitioners. For further information and to register, please click here.



Annual International Rule of Law lecture

18 December 2012 at 18:00 in Inner Temple Hall, London

The International Committee is delighted to announce Mark Mulholland QC, Chairman of the Bar Council of Northern Ireland as the keynote speaker at its Sixth Annual International Rule of Law Conference. Mark will speak on, “Global terrorism and the rule of law- a global problem from a Northern Ireland perspective”.


This free annual lecture aims to stimulate debate and inspire barristers to become involved in rule of law related projects. Barristers, judges and law students are welcome to attend. The lecture is free to attend but registration is required. If you are interested in attending please register with the international team secretary, Juliette Hargreave  (0207 611 1455)


The event is accredited with 1.5 CPD hours by the Bar Standard Board.



Commonwealth Law Conference 2013

14 – 18 April 2013, Cape Town, South Africa

Registration for the 18th Commonwealth Law Conference to be held in Cape Town is now open. For further information regarding the event and registration, please click here.

The Bar Council will have a presence at this event and it would be helpful for us to known if you are attending; please email [email protected]




What makes a good witness? Presenting evidence in the courtroom

Visually-recorded evidence in chief is thought to produce the most comprehensive and accurate record of the interview process and be best evidence.  But is this really the case? We are currently conducting a research project examining views from criminal justice professionals regarding the issue of the medium in which evidence in chief is presented. A topic that has driven interesting debate nationally. The research concerns three inter-related areas; (i) your views regarding your perceptions of witness testimony and certain terms that are often used when determining its credence, (ii) your views on the way the police gather information and how this impacts on witness evidence in chief, and (iii) your perceptions of the medium in which evidence in chief is presented in the courtroom. As part of the on-going research we would be grateful if you could take some of your valuable time to complete the questionnaire using the link provided below. It should take about 15 minutes to complete and participation is anonymous. If you would like to discuss this further or for any other information relating to the research and for related publications on these issues please contact either Jemma Hodgkins, [email protected] or Dr Rebecca Milne, Reader in Forensic Psychology, Director of the Centre of Forensic Interviewing, Institute of Criminal Justice Studies, University of Portsmouth. [email protected] or on (+44) 2392 843 927. Thank you for your assistance.


Be part of a study to examine child witness credibility:

If you agree to participate, you will be asked to read a transcript of an interview with a child witness. We will ask you to rate the credibility of the witness and the interview using a number of different criteria.  All materials (including information about confidentiality and consent) will be sent to you by email.  Once the study is complete, you will be debriefed.  On request, we would be happy to send you a summary of the results.


I am an MSc Student studying Investigative Forensic Psychology at London South Bank University, supervised by Dr Anne Ridley.


To participate in this research, please contact Miss Vedrana Ilic on [email protected].”


Other Events:       

Institute of Advanced Legal Studies: 

School of Advanced Study, University of London,

Charles Clore House, 17 Russell Square, London WC1B 5DR


Friday 16 November, 13:45 – 17:20

Conflicts of interest: the ethical thin red line between conflict and crime

  • Chair:  Rosalind Wright CB QC, Chair, Fraud Advisory Panel;  
  • William Dinan, ALTER-EU; Monica Macovei, MEP;
  • Philippa Foster Back OBE, Director, Institute of Business Ethics;
  • Professor Jean-Bernard Auby, SciencesPo, Paris; Director, Mutations de l’Action Publique et du Droit Public.

Venue: IALS

 If you wish to attend please reply to:  [email protected]  




Venue addresses:
Institute of Advanced Legal Studies

Charles Clore House

17 Russell Square

London WC1B 5DR

For further information, please contact: [email protected]



Vergeltungswaffen – Vengeance Weapons – V1, V2 Bombs

 A photographic exhibition of my new work about the London sites and neighbourhoods where V-1 and V-2 bombs fell during the Second World War opens at the APT Gallery in Deptford on Thursday 25 October.

There will be a drinks reception between 6 and 9pm that I’d love you to come along to.

The address is: 6, Creekside, Deptford, London SE8 4SA

Open from 12 to 6pm, Friday to Sunday, the exhibition runs from 25 October until 11 November. Also, on Saturday 27 October, the architect Megan Williams will lead a walk around the bomb sites close to the gallery. We will meet at the gallery at 2pm and finish with tea at 4pm.


If you would like further information then please email:  [email protected]


The Slynn Foundation are delighted that The RT Hon the Lord Phillips of Worth Matravers KG, who will retire as President of the UK Supreme Court in September, has agreed to deliver the 10th Slynn Foundation Lecture on Monday 12 November 2012. More details will follow but please note the date.


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