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J**H
Instructive, and more than a little horrifying look at the current state of UK courts
Excellent writing, an ability to find humor in some unhumorous contexts, and detailed exposition of the current state of the English criminal courts and how they are failing in so many ways.As an American, it was instructive to read all this, both for details of how English courts work and how they are supposed to work but don't actually work. There were plenty of points at which I would have liked to say It can't happen here, but I couldn't sincerely say it wouldn't happen here.The author makes clear what the solutions are--often involving more funding and more staffing--but necessary if the system is to work the way it should work.Kudos to Secret Barrister.
W**L
Let this be your 1st Step
It quickly introduced the law or the practitioners of such as objects I’m aware of but don’t truly know.While it may go from crime to punishment it does so in a way that can both dishearten and show what can be achieved under the present system with a bit of reflection and monies.It is soundly authored and comparatively focused.
Y**F
Decent Read, Worth the Time.
American lawyer here. Interesting read, wished there were fewer made up stories. Provocative idea on whether the English/US criminal approach should be reformed (and I think now it should). Worth the money and time to read.
S**E
Correct
I hope our political masters read this disturbing book and quickly correct all they have got wrong for there is much to correct
R**K
Defects in the English System of Criminal Justice
This is a very interesting and informative study of the current deficiencies in the criminal justice system in England and Wales. The anonymous author is a "junior" barrister (i.e., not a QC) whose practice is almost entirely criminal law. Sometimes he prosecutes defendants on behalf of the government's Crown Prosecution Service; other times he defends as a legal aid or private attorney. Much of his analysis is based upon his own experiences, which makes it even more perceptive. Roughly a half-million cases are processed each year. For the American reader, there are definitely some similar problems discussed to our own criminal justice system. This adds a helpful focus to the analysis for we Yanks, though the author rarely makes reference to the American system.The key problem over there is the same as here--insufficient resources devoted to making the system operate smoothly and fairly. A streak of serious budget cuts results in continual mistakes and delays, some of which benefit defendants. The book has 12 chapters each of which addresses the situation in one aspect of the system. For example one chapter addresses one of the strangest elements to the American lawyer, the Magistrates' Courts. Here three-judge panels process most criminal cases even though the judges are not legally trained and serve as volunteers. There is no right to jury trial, but trial here is cheaper and faster than the more formalized Crown Courts. Not surprisingly the government wins the overwhelming majority of cases. Other chapters address remand and bail; prosecuting on the cheap; putting the victim first; legal aid; trial procedures; perplexing sentencing and appeals.In every chapter, the problem is the same: insufficient resources; severe under staffing; treating cases like sausages coming out of a machine; police indifference to fair and lawful procedures; overwhelmed probation services, and officials fixated on their "statistics." How does the public tolerate this situation? An "it will never be me" attitude and ignorance of how the system operates perpetuated by the media and politicians are two major reasons. I don't know how the book was received in England and Wales, but it certainly encourages we Yanks to look at our own system which shares many of the same problems.
P**E
NOW OUT IN PAPERBACK!
NOW OUT IN PAPERBACK!ARE THE CRIMINAL COURTS FLAWED? SERIOUSLY?‘THE SECRET BARRISTER’ TELLS IT LIKE IT IS… NOW OUT IN PAPERBACKAn 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%.These are serious issues and it is encouraging that so many readers have come to view such developments with concern just by reading this book.Good thing that ‘The Secret Barrister’ is now out in paperback from 4th April 2019.
D**S
Eye-opening
An eye-opening insight into what really goes on in the criminal justice system of England and Wales. And, considering the subject matter could have been rather dry, written with panache.
R**T
Essential reading
For all of us who have been shaking our heads and saying WTF to the shenanigans.
M**Y
All Rise
I am not a lawyer. But my husband is, a company law barrister. He has never done any criminal work. We have lots of friends in all branches of the law though, and I am used to being surrounded by legal news and chat. So I thought I had a pretty fair idea of how the criminal law system in England and Wales works in reality rather than simply in theory. I was wrong. Having read this book I am a wiser, and much sadder, woman.It seems that now, if you look behind the very thin surface veneer of any public service in the UK you find the same things - chaos and Not Enough To Go Round. Why? It is one of the richest countries in the world, and the expectations and sense of entitlements of its citizens cannot exceed the ability of the state to deliver them to the extent that they appear to.We need more books like this. We need them to be thrust not only into the hands of all politicians, but of teachers too, of all influencers. It's time to get angry!
N**O
Stunning exposé
As a non-legal bod I found this brilliantly written exposé of the crisis in UK criminal justice totally compelling. The author develops a conversational style which means an easier read in some of the drier sections, however there aren't many of those. Every single person in this country should care about how our criminal justice system works, or as is currently the case, just doesn't. The chapter on wrongful convictions and how this government has passed legislation which has effectively ensured that receiving state compensation for wrongful conviction is well nigh impossible, shocked me to the core. Perhaps the fall out from the Windrush scandal allied to the spate of non-disclosure dropped cases will empower those within the system to group together and get a few worthy journalists involved to create an unstoppable momentum for change, for that is what is needed. A fantastic book.
G**G
Indictment of the collapse of the British criminal law system.
This is a shocking book and a must read. A lot of the criticism arises from the deliberate policies of the most recent two governments to undermine the system by starving it of resources and killing off legal aid, but the problem goes back a long way and this is not ignored. It includes an excellent history of the English criminal law system, much of which was news to me. The vast bulk of trials are conducted by untrained amateurs in the Magistrates Courts. It may be cheap but it is not cheerful. I suspect it was even worse in the past but was cheerfully overlooked as those with political power and clout were rarely negatively affected by it. I would have thought that most of the criticism clearly explained here would offend people from across the political spectrum, but it seems that this is not the case. There is a huge anti-justice lobby, recently concentrated in the Conservative and Liberal parties. Despite the trenchant criticism - intended not only to expose the faults of the system but also to ram home how important it is to society as a whole, I'm not optimistic that anything will change. If it does change this book will have been one of the catalysts.
S**R
Outstanding
An outstanding book that should be required reading for lawyers and non-lawyers, alike. If you think the issues raised don't matter to you, you're mistaken. The book portrays the problems in the criminal justice system with clarity and (often gallows) humour. An engrossing read.
J**N
An impassioned tirade
The author here is a practising barrister who hits many bulls-eyes in his/her impassioned tirade about the many deficiencies of the criminal justice system in this country. S/he identifies a depressing litany of extremely disturbing problems that have served to undermine the search for justice. Many of these are the direct result of the iniquitous austerity policies of government.The Secret Barrister is packed with information and detail and a forceful argument is sustained throughout the book. If this leads to a good deal of ranting, it is because the author feels genuine anger and passion about the problems. I must confess, however, that I was put off by the author's forced humour and his/her fondness for flippant colloquialisms. S/he also seems unable to decide whether the book is intended as a serious contribution to the criminal justice literature, a taster for first year law students or a pot boiler for popular consumption. Though somewhat idiosyncratic, The Secret Barrister is nonetheless firmly based on the author's own experience of working in the criminal courts and on his/her knowledge of the academic writing and research on the subject.
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