The Secret Barrister: Stories of the Law and How It's Broken

by Secret Barrister

Hardcover, 2018

Status

Available

Call number

364.941

Publication

Pan Macmillan (2018), Edition: Main Market Ed., 384 pages

Description

"I'm a barrister, a job which requires the skills of a social worker, relationship counsellor, arm-twister, hostage negotiator, named driver, bus fare-provider, accountant, suicide watchman, coffee-supplier, surrogate parent and, on one memorable occasion, whatever the official term is for someone tasked with breaking the news to a prisoner that his girlfriend has been diagnosed with gonorrhoea."Welcome to the world of the Secret Barrister. These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing.How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear those stupid wigs?From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. Both a searing first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister wants to show you what it's really like and why it really matters.… (more)

User reviews

LibraryThing member infjsarah
I've been on a UK jury twice in my life, but never involved with justice in any other way. And based on this book, I am really glad about that and hope I never am unfortunate enough to be. Doing jury service opens the eyes to a lot. This book opens them even more. It made be kinda despair because
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it already feels as if UK is heading down a path of hidden dictatorship and politicians have made a very good job of removing public access to real justice. At least for everyone except the super rich & I think even they may be sorry for what austerity has wrought if they end up in court. Eye opening and depressing in about equal measure.
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LibraryThing member jcolvin
The author, a barrister specialising in criminal law, lays bare the problems on the ground in the English criminal courts. She explains how recent payroll cuts in the police, prosecution and court services have put the system under impossible strain. Add the recent drastic reduction in the
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eligibility of defendants to assistance with their counsel and solicitor's costs, it becomes ever harder to secure justice. A fair assessment of what's happening in the courts , both high and low - and a real eye opener.
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LibraryThing member ASKelmore
Best for:
Anyone interested in the English criminal justice system.

In a nutshell:
An actively practicing barrister shares what goes on in the English justice system, and offers suggestions of ways to fix it.

Worth quoting:
“Early guilty please equal cheap guilty please. It does not follow, of
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course, that early guilty please equal correct guilty please.”
“Defense legal aid, and the effective adversarialism that it permits, doesn’t simply protect the defendant; it protects the public by keeping the prosecution, and the court system, honest.”
“In many respects, the released innocent is worse off than the released convict, the latter of whom will at least have a measure of institutional assistance with their reintegration.”

Why I chose it:
I've seen this book prominently displayed in nearly every bookshop I've visited. I've enjoyed similar books related to the healthcare field, and thought this might be an interesting switch.

Review:
I know very little about the England / Wales justice system (which is not the same as the Scottish justice system or the Norther Ireland justice system). I've seen Mark Darcy defend Pussy Riot dopplegangers in British Jones's Baby, and I watched a few episodes of that show where Gillian Anderson was a detective and the guy from 50 Shades of Grey kept killing people. But as someone born and raised in the US, there is a huge blank space where any knowledge of English justice might be.

Given that, this book was a fantastic was to fill in that space. Less 'here's an interesting story from my day as a barrister' (which, side note, I finally kind of understand the difference between a barrister and a solicitor!) and more 'let's walk through the trial system from start to finish,' this book is an examination of how the English adult criminal justice system is meant to work, how it works in reality, and what should be different. It is written by an anonymous -- though active -- barrister, who I suspect is a man (more on this in a moment) but who is dedicated to exposing how the system fails pretty much everyone, including the accused and the complainants.

The overarching theme of this book is that it is in EVERYONE'S best interest to have a well-functioning criminal justice system that protects the rights of the accused and looks after victims in an honest way. Areas I found especially interesting -- and that might run counter to what some people think -- were the ones that looked at the dangers of putting victims first in the way England currently does. One question that comes up a lot is -- if you were falsely accused of a crime, what protections would you want in place to ensure you were treated fairly? The Barrister's argument is that this is where we should focus, because, as most people agree, if we need to balance the two, it is better for society if someone is wrongly freed than wrongly imprisoned.

The book is laid out as the progression of a criminal case, although it doesn't follow just one all the way through. The first chapter introduces the players, which, again, is extremely helpful to those of us not from here. (Seriously, I feel like they should issue a copy of this book with each residency visa.) From there, they cover charges, bail, prosecution (including the lack of sufficient funding), the problems with current Victim First thinking, legal aid / paying for defense, a look at the adversarial vs. inquisitorial systems, sentencing, and appeals. It's exhaustive but not exhausting (unless you count how exhausting it is that funds keep getting cut because elected officials don't fully grasp the issues).

My one big complaint is that two of the cases the author chose to illustrate things are sexual assault, and I think they were the wrong choices. One was an example of someone who was probably guilty not being convicted, and that one wasn't as problematic. However, that was then followed by the use of a false accusation of sexual assault to illustrate a deep miscarriage of justice. The author swears up and down that they fully understand how rare such false allegations are, and that the more likely scenario is someone who is guilty not even being charged. But they still chose this instead any of the hundreds and thousands of other crimes that have horrible incorrect convictions. This is what makes me think the author is a man; I don't think a woman would have been so cavalier in her choice of example.

Setting that frustration aside, I think this book is well worth a read, and one I will be recommending to all my friends who are new to the UK or are just interested in better understanding the UK criminal justice failures.

Keep it / Pass to a Friend / Donate it / Toss it:
Keep it.
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LibraryThing member IaninSheffield
Opened my eyes to the idiosyncrasies and failings of our (the UK's) criminal justice system
LibraryThing member prichardson
Oh My word, I studied law many years ago at college and have always been interested in it and upon getting this book as a present set to reading it. This book was a real eye opener seeing how progressive cuts in funding and changes in legislation have eroded many of the treasured pricniples of the
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criminal justice system.

At turns, surprised, shocked, despondent but also hopeful you come to realise that the criminal justice system is under a great deal of pressure and kept going only by the superhuman efforts of various individuals within it. Any preconceptions of wealthy barristers, well funded legal aid provision etc are all shattered by this book.
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LibraryThing member Paul_S
Terrifying. Reminds of the blog ran by an anonymous policeman which was equally depressing and had taught me that once the police has arrested you, you've already lost and from then on it's just a matter of how much.
LibraryThing member Islandmum84
If you are interested in the English Law System, this book is definitely for you. You get a front row sit in the English law system.
LibraryThing member riida
Another DNF in the same vein as Nudge...a highly specialist and academic topic, this time talking about how the legal system works in the United Kingdom. To be honest, the writing is quite compelling...at least compelling enough for me to keep struggling through this short book for the better part
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of this year, one page at a time.

It kind of hurts to give up on this book (im almost half way through)...but i think learning to let go is healthier for my reading life.

besides...there's always another book in the TBR pile!
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Awards

Books Are My Bag Readers Award (Shortlist — Non-Fiction — 2018)
Waterstones Book of the Year (Shortlist — 2018)

Language

Original language

English

Original publication date

2018-03-22

Physical description

384 p.; 5.75 inches

ISBN

1509841105 / 9781509841103
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