Phillip Taylor MBE review. The Secret Barrister

NOW OUT IN PAPERBACK!

ARE THE CRIMINAL COURTS FLAWED? SERIOUSLY?
‘THE SECRET BARRISTER’ TELLS IT LIKE IT IS… NOW OUT IN PAPERBACK

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”

This is a book that is destined to become a classic. Everybody’s read it — just about — at least those in legal circles or claims to have read it. And if you’ll excuse the cliche, it seems to have ruffled more than a few feathers. But all the better. As a scathing expose of the most conspicuous flaws in the criminal justice system in England and Wales,’ The Secret Barrister’ can safely be described as unique.
Certainly, the power of the book derives overwhelmingly from the personal experiences and insights of its author, ‘the secret barrister.’

The anecdotes in it and the homely analogies range from the hilarious to the horrific. And as any barrister can tell you, whether practising in the criminal or civil courts, the revelations it contains are authentic. Although some readers (but not many) might disagree with some of the opinions expressed, the book has undoubtedly been a publishing sensation for its publisher, Macmillan, and Picador.

The focus of the book is the criminal — rather than the civil — justice system and all those connected with it; from judges and magistrates to the court staff and the defendants themselves, not to mention the state of most of the court buildings; some growing old gracefully, others positively decrepit, but not quite crumbling into the dust just yet.

Naturally there’s been a lot of speculation about who the ‘secret barrister’ is, with some barristers suspecting - because of the sheer number and variety of cases discussed - that this secretive, publicity-shy individual is more than one person. Nonetheless, the secret of the authorship of this book is a lot less important than what’s written in it.

‘I can understand,’ says our secret author, ‘why people might only think of criminal justice in the abstract,’ never anticipating any personal involvement in it, or having any familiarity with it whatsoever, except through watching courtroom dramas on TV.

Big mistake, implies the author who warns, speculatively at least, that… ‘it is certain that at one point in your life, you or someone you love will be in a criminal courtroom’, whether as a juror, witness, or victim, or possibly even worse, someone accused of something you didn’t do.

What you or anyone in any of these situations will hope for, or expect, is fairness, which according to this passionately disillusioned lawyer, is sometimes in short supply. One example is the way some magistrates tend to prefer to believe police testimony rather than that of the defendant, even when supported by several witnesses. In the words of the author, the book’s basic aim is ‘to explore why criminal justice matters and to show how I think we are getting it so wrong.’

Offering much to contemplate and get furious about, the book will resonate equally with civil court practitioners, particularly over such annoyances as, says the author, ‘the matter of court listings (which) take little account of barristers’ availability’ — and on occasions when they do, there’s a climate of chaos, delay and adjournments ‘that often conspire to make you unavailable.’

And what about the now quite commonplace practice (or is it a necessity?) of switching cases from one court to another, with little or no notice given to the participants in a case, namely the lawyers and their bewildered clients who - on the same day - have to scramble into cars or public transport to reach the ‘correct’ court, which is usually miles away on the other side of town, or often in another town altogether.

To put these matters in some sort of perspective, it is fair to say that no human institution is perfect. But it’s not good to have too many imperfections either. What is alarming about this book is that someone felt compelled to write it in the first place; someone who felt compelled to conceal his or her identity.

But secret or not, the author is quite obviously a barrister, which does give the book its immediacy, authenticity and clout. While most people will live out their lives without coming up against the criminal justice system, the rule of law impacts on everyone and anything serious that threatens it is not a good thing.

Recall for example, that the number of prosecutions has been reduced by about half. So how much criminal activity is going unchecked to the detriment of public safety? It has also been announced that the overall budget for the Ministry of Justice, has been cut by 40%.
Good thing that ‘The Secret Barrister’ is now out in paperback from 4th April 2019.

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