Colin Wells. Reviewer. 25 Bedford Row. Jacky Chase. Chambers Administrator .... Signature: ... The Unit began planning i
Justifying Justice
Annual Review 2015
INDICTMENT T2015/0000123
IN THE CROWN COURT AT THE CENTRAL CRIMINAL COURT THE QUEEN -vJUSTICE ______________________________________________________________
INSTRUCTIONS TO COUNSEL
______________________________________________________________
IN THE CROWN COURT AT THE CENTRAL CRIMINAL COURT THE QUEEN v. JUSTICE JUSTICE is charged as follows:
STATEMENT OF OFFENCE Justice is not being served.
Counsel is instructed to represent the defendant, Justice, at its forthcoming trial. The allegation is that Justice is not being served and access to Justice is limited for those who cannot afford legal fees or obtain legal aid.
PARTICULARS OF OFFENCE
We will offer evidence of members of the public accessing Justice through the Bar Pro Bono Unit (“the Unit”) and its associated schemes. The Bar Pro Bono Unit is a registered charity which matches pro bono legal assistance from volunteer barristers with those most in need.
During 2015, access to Justice was limited for those who could not afford legal fees or obtain legal aid. In particular some of the poorest and most vulnerable in society have limited access to advice or representation.
Interestingly members of the Bar have highlighted the role pro bono plays in delivering access to Justice in a recent survey conducted by the Unit stating that “pro bono is helpful to the administration of justice” and an “important contribution to providing ‘justice for all’”. This is a timely trial in the year of Magna Carta’s 200th anniversary but I am reminded of its words and wonder if we might not emphasise this point in the defence: ‘To no one will we sell, to no one deny or delay right or justice.’ Clause 40, Magna Carta 1215
Court Officer Date: 1 December 2015 URN: 06/KK/2015/11
Opening statements Your honour, The subject is an important one. Without the profession’s pro bono contribution made through the Unit many would not have meaningful access to Justice. With Justice on trial, witnesses and evidence will show the impact the Bar has made to many people’s access to Justice. The purpose of the Unit is to provide free legal advice and representation to members of the public who cannot afford to pay for that help and cannot get legal aid. Despite the challenges faced by many areas of the Bar, the Unit has seen increased support from the Bar. As a result, in 2015: • the Unit assisted in approaching one thousand cases. • The Unit’s panel moved closer to 4,000. • More senior barristers volunteered as case reviewers bringing the number to 130. • Over 57% of the Bar donated financially to the Unit. The Bar, through the Unit, provides help. We have a justice system of which we can be proud, which is trusted, and which is widely admired. But we must ensure that people can access it. That is important work.
Jess Campbell Chief Executive
Management Committee Member Sir Robin Knowles CBE, Chairman Ann Buxton, Treasurer Chris Broom Nick Hanning Andrew Hillier, QC Rebecca Hilsenrath Paul Newdick CBE, QC c/o The Bar Pro Bono Unit 48 Chancery Lane London WC2A 1JF Our Ref: BPBU/0000123 Date: 15th May 2015 Dear Management Committee Member,
Re: Access to Justice You are invited to attend a private interview at the Old Bailey in connection with access to Justice. This interview will be between each one of you individually and the CPS. You will not be detained as a consequence of any statement made by you during the interview process. Yours sincerely,
Sir Robin Knowles CBE Chairman
Jane Rayson Diane Sechi Philip Brook Smith QC Sharif Shivji Michael Todd QC Antony Zacaroli QC
Crown Office Justice Trial The Old Bailey London EC4M 7EH
The Crown Prosecution
s76(1) PACE Confessions
Amy Pertwee Caseworker ‘Money should not be a barrier to obtaining legal assistance.’
Jess Campbell Chief Executive ‘The dedication of staff putting the applicant at the heart of the Unit inspires me.’’
Andrew Lingard Caseworker ‘At the Unit I can help make a difference to people’s lives.’
Kuki Taylor Fundraising & Communications Manager ‘Regardless of income everyone deserves access to justice.’
Dhriti Suresh Eapen Caseworker ‘The Unit supports access to justice for everyone.’
Lauren Graham Caseworker ‘I want to help people who cannot afford legal support.’
Emily MacLoud Head of Casework ‘Working with brilliant barristers who give up their time for free.’
Rebecca Heald Caseworker & IT Manager ‘I want to help vulnerable people obtain legal assistance.’
Sarah Slaughter Caseworker ‘I relish unpicking problems that don’t adhere to textbook definitions.’
Callum Byrne Junior Civil & Family Clerk New Park Court Chambers
Colin Wells Reviewer 25 Bedford Row
Dominic Boothroyd Panel Member Angel Chambers
Dr John Fox Reviewer Lamb Buildings
Emily Reed Panel Member Park Square Barristers
Ian Clarke Reviewer Selborne Chambers
Jacky Chase Chambers Administrator 25 Bedford Row
Jacqueline Reid QC Reviewer 11 South Square
Janet Jackson Senior Civil Family Clerk New Park Court Chambers
Jessica Balsam Clerk St John’s Chambers
Jonathan Gale Panel Member St Philips Chambers
Julie Okine Reviewer & Panel Member Goldsmith Chambers
Keith Plowman Senior Clerk Ten Old Square
Lucy Oxley Criminal and Civil Clerk Broadway House Chambers
Luke Hodgson Practice Manager St John’s Chambers
Martin Young Reviewer 9 Stone Buildings
Mathew Morrison Reviewer Serle Court
Michelle Carter Clerk 11 South Square
Simao Paxi-Cato Panel Member Invictus Chambers
Rhian Hiscox Clerk Hardwicke
Measha Bruney Caseworker ‘Connecting generous barristers with people who are vulnerable.’
The Unit would like to extend its thanks to the following staff who contributed to the Unit’s work during 2015:
Rachel Feilden Bar in the Community ‘It’s a privilege to work with dedicated and supportive colleagues.’
Expert Witnesses
Richard Booth (Head of Casework); Alana Crayden (Fundraising & Communications); Leonard Lewis (Caseworker); Maya Linstrum-Newman, (Caseworker); Shyam Popat (Caseworker); Rebecca Wilkie, (Chief Executive).
The Reviewers are called as expert witnesses to demonstrate the Unit’s work in 2015 in facilitating access to Justice. The defence reminds the jury that the Unit’s panel members are able to take on cases that come through the Unit with the confidence that each application has been reviewed and determined by a senior barrister to be deserving of pro bono help.
David Knifton Jas Sra Matthew Harman Gavin Smith Philip Gillyon Esther Gamble Giles Mooney Rebecca Clark Jamie Clarke George Rowell Satinder Gill Simon Brown Paul Infield Sara Benbow William Frain-Bell Angharad Davies Tom Brown Nathaniel Rudolf Sandra Akinbolu Toby Huggins Amanda Buckley-Clarke Dan Bunting Sebastian Naughton Katie Gollop QC Nick Paul John Walsh Edward Francis Adam Tolley QC Robert McCracken QC Francis Wilkinson Julie Okine David Southern QC Richard Dew Joel Bennathan QC Josh Lewison Poonam Bhari Ronan O’Donovan Jeremy Benson QC Paul Keleher QC Jonathan Mann Colin Wells Timothy Meakin David Alexander QC Mark Arnold QC Ben Valentin QC Miriam Carrion Benitez Martin Young John Robson Jane Collier Martin Chamberlain QC Daniel Oudkerk QC Jonathan Swift QC Jonathan Barnes William Upton
Exchange Chambers Faber Law Harmans Costs 1 Hare Court Erskine Chambers No5 Chambers 9 Gough Square Exchange Chambers Crown Office Chambers St John’s Chambers Five Paper Crown Office Chambers 36 Bedford Row Hardwicke Thomas More Chambers 30 Park Place Cloisters 25 Bedford Row Lamb Building Unity Street Chambers 3 Paper Buildings 2 Dr Johnson’s Buildings (Chambers of Mark Love) Serjeants’ Inn Chambers Serjeants’ Inn Chambers Doughty Street Chambers Doughty Street Chambers Enterprise Chambers Fountain Court Chambers Francis Taylor Building Field Court Chambers Goldsmith Chambers Temple Tax Chambers Ten Old Square Doughty Street Chambers Radcliffe Chambers St Philips Chambers FOURTEEN Red Lion Chambers 25 Bedford Row Doughty Street Chambers 25 Bedford Row 7 Bedford Row South Square South Square Fountain Court Chambers 36 Bedford Row 9 Stone Buildings Arden Chambers Blackstone Chambers Brick Court Chambers Essex Court Chambers 11KBW 5RB Six Pump Court
Barbara Connolly QC Fiona Hay Brie Stevens-Hoare QC Nicholas Saunders David Elvin QC Reuben Taylor QC Gavin Mansfield QC James Aldridge QC Samantha Knights Eric Fripp Mark Whitcombe Kate Branigan QC Christopher Hames QC Zachary Bredemear Ben Collins QC Elizabeth-Anne Gumbel QC Clare Reffin Andrew Bagchi QC Malcolm Chisholm Nicola Fox Claire Heppenstall John Stocker Nicholas Carden Sacha Ackland Mark James Sean Jones QC Richard Leiper Emma Baldwin Michael Reed Maria Scotland Sam Healy Catherine Cowton Francesca Quint Andrew Lydiard QC Victoria Wakefield Julie Whitby Joel Donovan QC Patricia Hitchcock QC Patrick Sadd Simon Myerson QC Nick Burn Richard Merritt Jonathan Karas QC Adrian Maxwell Michael Fealy QC Shereener Browne Richard Clegg Justin Warshaw QC Duncan Macpherson Simon Canter Mark Herbert QC
7 Bedford Row Harcourt Chambers Hardwicke Brick Court Chambers Landmark Chambers Landmark Chambers Littleton Chambers Maitland Chambers Matrix Chambers Lamb Building Old Square Chambers 4 Paper Buildings 4 Paper Buildings 1 Chancery Lane Old Square Chambers One Crown Office Row One Essex Court (Chambers of Lord A S Grabiner QC) 1 Garden Court 1 Garden Court 1 King’s Bench Walk 1 Garden Court 1 Garden Court 1 Hare Court Temple Garden Chambers Temple Garden Chambers 11KBW 11KBW FRU FRU 5 St Andrew’s Hill Dere Street Barristers Queen Elizabeth Building Radcliffe Chambers Brick Court Chambers Brick Court Chambers 15 New Bridge Street Cloisters Cloisters Outer Temple Chambers St Pauls Chambers Seward Chambers Chambers of Richard Merritt Falcon Chambers St John’s Chambers One Essex Court (Chambers of Lord A S Grabiner QC) Garden Court Chambers Selborne Chambers 1 Hare Court 1 Essex Court (Chambers of Tony Baldry MP) 1215 Chambers 5 Stone Buildings
RECORD OF INTERVIEW
WITNESS STATEMENT
Date of interview:
15 July 2015
Bar Pro Bono Unit Applicant
Duration of interview:
30minutes
Over 18
Interviewing Officer :
PC John Smith
CJ Act 1967, s.9; MC Act 1980, ss. 5A(3)(a) and 5B; Criminal Procedure Rules 2014, Rule 27.7 Statement of:
Age if under 18:
Persons interviewed: Bar Pro Bono Unit Applicant 1 Bar Pro Bono Unit Applicant 2 Place of interview: Interview Room 3, London Police Station
Occupation of Witness: Homemaker This statement consisting of one page signed by me is true to the best of my knowledge and belief. I am an applicant of the Bar Pro Bono Unit, of London, England. A volunteer barrister with the Unit has spent five years assisting me in respect of my claim for inheritance under my mother’s will. The case and the decision of the Court of Appeal has received significant press coverage. The volunteer barrister went beyond what one could expect of a barrister in the way he explained my options and his opinion on how to further my appeal. My case is not quite over yet, however the volunteer barrister continues his support and dedication; without that, I would not have been able to continue. Dated: 12 June 2015
Signed: Bar Pro Bono Unit Applicant
Introductions to tape. Advised that the attendees are not under arrest and they are free to leave at any time. PC Smith: Please explain in your own words how the Unit assisted in providing you access to Justice. Applicant 1: In 2015, I found myself battling serious health issues and mounting debt due to an unfair judgement against me. I was in desperate need of legal help with contesting the validity of this judgment. The Unit provided me with a volunteer barrister who assisted with my case on multiple occasions. Without the time dedicated by the Bar Pro Bono Unit team, people in my position would never get the chance for fairness or Justice and I am thankful for the help they provided me. Applicant 2: I am so grateful to the Unit for the assistance they gave me. The Unit provided a volunteer barrister who offered me advice and help with preparing a skeleton argument. This invaluable advice and help during telephone discussions and email exchanges undoubtedly played a part in winning me a re-hearing. The Unit’s role in co-ordinating these matters ensured that I finally had some access to Justice.
Exhibits
Exhibit 3
Where applicants were located who sought assistance from the Unit
Exhibit 1
2015 Areas of Law The Unit informs the jury that the top three areas of law that help was requested for in 2015 were: Family, Property and Employment.
Immigration
Commercial
Criminal
North East 7% North West 5%
Midlands 10%
PI Wales and Chester 3%
7%
6%
5%
South East 30%
2%
* Outside Jurisdiction 3% West 7%
32%
Family
12%
Property
11%
Employment
9%
8%
Admin & Public
8%
Chancery Other
Exhibit 2
2015 Sources of Referrals to the Unit The Unit’s top sources of referrals for help in accessing Justice in 2015 were:
CAB 35%
MP 15%
Advice Agency 15%
Solicitor 11%
Other organisation 8%
LIP 5%
Application incomplete 4%
Barrister 3%
London 36%
LAN Centre 3%
Other 1%
Exhibit 4
Example of how the Unit supported access to Justice in 2015
The Bar Pro Bono Unit 48 Chancery Lane London WC2A 1JF
Crown Office The Old Bailey London EC4M 7EH
Case #: BPBU/0000123 15 April 2015 Re: Section 10 Admission : Collaboration to Further Justice The prosecution wishes to formally agree the following as an admission under section 10 CJA 1967: • The Litigant in Person Support Strategy (LiPSS) The LiPSS is a partnership between LawWorks, the Personal Support Unit (PSU), RCJ Advice and Law for Life, supported by the Unit, Access to Justice Foundation and the Ministry of Justice. LiPSS was created to improve the support available to litigants in person and to ensure that collaboration between the various charities is maximised. Examples of collaboration this year include LawWorks and the PSU, together with the Unit, creating a Legal Advice Clinic in Cardiff. Additionally, RCJ Advice and the Unit have collaborated on a new approach to a duty scheme in the Central Family Court with the Family Law Bar Association that works best for both the Family Bar and LiPs. 2015 saw the strategy develop through the creation of www.Advicenow.org.uk, an online resource provided by Law for Life. The website includes a dedicated platform “Attending Court” targeted to individuals who are going to court without a lawyer and in 2015 received over 1.2 million unique visits. Advicenow is used as the standard information portal by partners to the strategy and even more widely in the legal advice sector. • Bar in the Community (BiC) BiC’s main project is a trustee matching service offering charities and community groups the chance to appoint a legally qualified trustee to their boards. In 2015 BiC was able to make 48 introductions to interested barristers. Applicant organisations ranged from a project supporting young parents in Bristol, to community transport in Tower Hamlets, to music therapy in Birmingham.
Pro Bono Witness The Unit draws the attention of the Court to Joseph Middleton from Doughty Street Chambers who was awarded the Sydney Elland Goldsmith Bar Pro Bono Award. The Award was given in recognition of Joseph’s outstanding commitment to pro bono work through his assistance with the Death Penalty Project (DPP). Over the last year, Joseph provided pro bono assistance to the DPP both in relation to death penalty litigation in Sub-Saharan Africa and in a ground breaking pilot programme for vulnerable prisoners in Belize; affording access to Justice where it was not presently available. WITNESS STATEMENT
WITNESS STATEMENT
Criminal Procedure Rules 2010 Rule 27.2; Criminal Justice Act 1967, Section 9
Criminal Procedure Rules 2010 Rule 27.2; Criminal Justice Act 1967, Section 9
Statement of:
Joseph Middleton
Statement of:
Lord Goldsmith
Occupation of Witness:
Pro Bono Barrister
Occupation of Witness:
BPBU President
Dated:
17 October 2015
Dated:
17 October 2015
__________________________________________
__________________________________________
All of my pro bono work has been the result of teamwork. This fantastic nomination is as much a tribute to my colleagues as it is to me. I’m very honoured.
Joe’s hundreds upon hundreds of hours of work have produced remarkable results. Joseph’s work has not only saved the lives of many prisoners on death row, he has also created legal precedents restricting the use of the death penalty pending its eventual abolition.
Signature:
Signature:
rt report its the following expe bm su ce en ef D e th g, ort from Before closin cepted financial supp ac r ve ne s ha t ni U e events for its corroborating that th tions and fundraising na do on s lie re d an t the governmen operating costs. EXPERT REPORT ue to the best ge signed by me is tr pa e on of g in ist ns co This expert report belief. of my knowledge and cluded a £30 ays. In 2015 it again in w y an m in ts or pp su highlight The Bar Council tice. I would like to ac Pr to n tio isa or th Au donation page during this initiative: of the following results ancially. support to the Unit fin r ei th ed itt m m co r rs joining the 57% of the Ba • additional caseworke o tw in d lte su re t or increase This supp • e 30% year on year th le ck ta lp he to am busy casework te ce 2012. nit has experienced sin ts to in applications the U to travel to the Circui n io sit po a in be t ni agencies It also helped the U • mbers and front line ha C ith w ps hi ns io lat strengthen re s barristers to do pro ive dr t ha w of g in nd ta to get a better unders rrers. better work with refe n ca it w ho d an working. no bo e towards electronic ov m its ng ni an pl n ga e The Unit be • volunteer barrister, th e th r fo e nc rie pe ex This will make the e efficient and quick. or m cy en ag al rr fe re applicant and free ld in partnership with he as w z ui Q on rs de d An nerous prizes donate The Unit’s first Clive ge ith W ). 2K (Z t us us 2000 Tr 0 legal advice charity Zacche enging quiz for the 20 all ch y bl ita su a d an ions s ready for silent and live auct packed out with team as w all H e pl m Te r ne on sector supporters, In zmaster Clive Anders ui Q of it w er pi ra e eat! Th . to compete, bid and 0 for the two charities 00 3, £3 er ov st ju ise helped ra ess Signed: Expert Witn 15 20 Date: 11 October
The Unit submits the following list of character witnesses:
Core Funders
Financial and other support
The General Council of the Bar The Honourable Society of Gray’s Inn The Honourable Society of the Inner Temple The Honourable Society of Lincoln’s Inn The Honourable Society of the Middle Temple
Chambers 4 Stone Buildings 6 KBW College Hill (Chambers of David Fisher QC and David Perry QC) 9 Stone Buildings Absolute Barristers Devereux Keating Chambers Queen Elizabeth Building
DX Network Services Ltd for pro bono DX services
Specialist Bar Associations Employment Lawyers Association COMBAR Chancery Bar Associations
The Unit would also like to thank all individual barristers who have kindly donated to the Unit in 2015.
Platinum Friends in Law One Crown Office Row (London) 11KBW 5RB One Essex Court (Chambers of Lord AS Grabiner QC) South Square Fountain Court Chambers Friends in Law 12 King’s Bench Walk Blackstone Chambers 20 Essex Street Brick Court Chambers 39 Essex Chambers Cloisters Serjeants’ Inn Chambers
Other organisations The Access to Justice Foundation London Legal Support Trust Ridley & Hall Solicitors Institute of Barristers’ Clerks Bar Standards Board
In Kind Support Anderson McKenzie Consulting Ltd for pro bono IT support
Place Campbell Chartered Accountants for payroll and accountancy services Weil, Gotshal & Manges LLP for seconded staff
With thanks to...
Closing statement
Volunteer barristers:
Having now heard the evidence submitted through expert witnesses, testimonies from volunteers and statements of applicants you are asked as a member of the jury to cast your vote.
The Unit advises the jury that it receives requests for assistance in all areas of law suitable for second-six pupils up to silks. Whether it is advice, drafting or representation, assistance is invaluable to our applicants.
Clerks and Practice Managers:
It is difficult to describe in detail to members of the jury, the difference that a clerking team and chambers practice managers make to the work of the Unit. The Unit is truly grateful for this support and encourages the circulation of cases. The Unit would like to encourage sets to make contact regarding interests in particular areas of law.
Chambers staff:
The Unit highlights to the jury the variety of ways Chambers could get involved in the Unit’s work. From contributing to fundraising initiatives to fostering an environment to ensure pro bono work continues to thrive, it will make a difference.
Judges:
The Unit acknowledges that the judiciary are at the forefront of the challenges facing the legal profession and as such, would like to remind the court to direct a litigant in person to the Unit’s website. The Unit would like to highlight that it requires at least 3 weeks to process applications.
Interns & Volunteers:
Thank you to the 47 interns and volunteers for their invaluable support during 2015. Without this type of volunteering the Unit would not be able to assist even half of the litigants in person it is able to reach.
Access to Justice can be limited for those who cannot afford legal fees or obtain legal aid. Whilst the Bar nor the Unit or any other pro bono assistance can never be expected to replace a properly funded legal aid system, it can facilitate increased access to Justice. You now know that by the end of 2015, several thousand barristers were on the Unit’s panel, including a third of all QCs. You know that 57% of the Bar financially supported the Unit through the Authorisation to Practice donation. The Unit allocated around 70% of its applications but it is acknowledged that there is more for the Unit to do to serve those most in need. In 2016, in order to enable further access to Justice the Unit will do more to engage with volunteers outside of London, on Circuit. It will better communicate the significance each of you makes when a barrister assists an applicant. It will change its systems to an electronic process so that more applicants can be dealt with in a more efficient way. We invite you, the jury, to help the Unit enable further access to Justice. We invite our referrers to work with us in developing our electronic working so that we can unburden you with some administration. We invite Circuit Leaders to help expand the Bar’s pro bono services through the Unit in each region across England and Wales. If you are on our panel; can you take on at least one piece of work from the Unit in 2016 to ensure no deserving case referred to the Unit is unallocated? As a member of the jury, can you do something in 2016 to further access to Justice?
Verdict Members of the Jury, please visit www.surveymonkey.co.uk/r/YVKCTB2 to cast your vote.
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