Latest news with #criminalLaw
Sky News
01-07-2025
- Politics
- Sky News
'I'm a criminal lawyer - here's my biggest frustration with the justice system'
If you've ever spent your morning commute daydreaming about starting afresh with your career, this feature is for you. Each Monday, we speak to someone from a different profession to discover what it's really like. This week we chat to the president of the Law Society of England and Wales, Richard Atkinson, about life as a criminal lawyer... Starting salaries vary in different parts of the country but... can be a low as £25,000 for a duty solicitor - that's a solicitor who has obtained an additional qualification in order to represent people at the police station and in court. That salary might rise to £50k or a little higher in some instances but generally those who undertake publicly funded work (legal aid) are paid much less than those in other disciplines, which accounts for the current shortage of legal aid lawyers. These roles are generally funded through... legal aid, which is available to anyone who meets the criteria, ensuring access to legal representation. That's why legal aid is so important, and the government needs to invest in it properly. It levels the playing field for everyone when they need it the most. I worked 60 hours a week... as a criminal defence solicitor before starting my one-year tenure as president of the Law Society in October 2024. It was a fulfilling and rewarding role. It exposed me to a huge variety of people, including the most vulnerable in our society, and I got to help people in their darkest moments. In terms of holidays... I was entitled to five weeks annually. Being the president of the Law Society is equal parts demanding and rewarding. There are a lot of different issues that need my attention and a lot of travelling trying to ensure UK law and justice remain a top choice worldwide. For the duration of my presidency, annual leave and holidays are not on the cards. On a typical day... I use my experience as a criminal defence lawyer to speak out on behalf of those who are unable to do so. Every day I focus on holding the UK government accountable by working collaboratively with politicians on issues such as prison overcrowding, court backlogs and the sustainability of the publicly funded legal profession. The joy of this role is that there is no typical day - I could be abroad supporting our members who work there and seeking to improve market access, or at home attending a regional event with members, or meeting with politicians and government ministers to discuss current matters of concern. I have always wanted to be a criminal defence lawyer... From the age of 16, I was captivated by a book about a famous murder trial. From then on, I knew this was what I wanted to pursue. My first full-time job was as an articled clerk at Robin Murray & Co, a firm in Kent. The perks of the job... come not from my employer but from the position itself. I get to meet an incredible range of people, including some amazing members of our profession, as well as aspiring lawyers, in addition to ambassadors, senior members of the judiciary and cabinet ministers. I have even been invited to be part of a small trade delegation travelling with the foreign secretary to Japan. I also get to work with the incredibly talented, knowledgeable and dedicated staff at the Law Society and colleagues on our committees and council. My job is to... represent people to the best of my ability, whilst acting upon their instructions. If a client tells me that they did not commit a crime they were accused of, I will do everything I legitimately can to challenge the prosecution's case and advance my client's defence. At times, it may look like evidence is stacked against the person, but it is not my role to judge them. No one should be above or below the law. Everyone has the right to legal representation. There have been occasions where evidence certainly seemed to point my client towards a guilty verdict... However, as I followed up on the evidence by asking questions and obtaining expert advice, it became clear the client had not committed the crime they were accused of. Had I not done the work of questioning the prosecution and acted only on judgment, an innocent person could have been convicted. The justice system fails when an innocent person goes to jail. Everyone has a role in the criminal justice system and for the right verdict, it's critical that we all perform our roles diligently and to the best of our abilities. The amount a client pays... varies enormously depending on the nature and length of a case and whether the case is legally aided or not. Legal aid is means tested and so for some of the most financially needy they are required to pay nothing, for others a contribution is required to be paid towards their representation. For those who do not qualify for legal aid, they are required to pay the full costs of their case which can range from several hundred pounds to many thousands of pounds. When taking on a new client... I always ensure that they have all the information needed to make an informed decision about the services I offer. When people need a solicitor regarding a criminal law case, they are often distressed, experiencing a very difficult situation they may not have been in before. I take the time to explain what is needed from them, as well as the advice I can offer. I also have procedures put in place ahead of time to identify any conflicts of interest and whether the client may need extra support to be able to access legal services. If I turn down a client... it will be because I do not have capacity to take on the case to the best of my potential, their matter is outside my area of expertise or their instructions are in conflict with my professional duties, such as asking me to pursue a particular line which would involve misleading the court. What they are accused of, however, does not factor into my decision, only the legal services they require and if it is inside my practice areas. One case that stands out to me... is the Tonbridge Securitas robbery, the largest cash robbery in the UK, where £53m was taken. The case was the subject of a lot of media interest. Even a book was written about it! I represented the makeup artist who made the prosthetics that were used during the robbery. This will sound like a heist film but some of the robbers wanted to disguise themselves by impersonating police officers as part of their plan to kidnap the depot manager and gain access to the facilities through the front door. My client was a qualified makeup artist who was known to the gang and was told they were making a film and that's why they needed the prosthetics. The case involved a lot of evidence collecting and cell site analysis. Through that, I was able to show that what she had said, professing her innocence, was supported by evidence. After three months of trial, the prosecution decided to drop the case against her and she was acquitted. Lawyers play a key role in upholding the rule of law... a key component of a free democratic society, and making sure our justice system works fairly for everyone, benefitting our society as a whole. We must not forget that lawyers matter because justice isn't a given without them. Any one of us, no matter our background, could face a difficult situation where our livelihoods, even our freedom, is at stake. When that happens, a lawyer is a necessity, not a luxury. And that's also why legal aid is so important. Lawyers also play a key role in supporting our economy at home and abroad, with an overall contribution of £74.4bn to the UK economy. In addition, lawyers provided over one and a half million hours of legal advice and representation free of charge (pro bono) in the UK in 2024. There have been too many lawyers being attacked... around the world, as well as within the UK, just for doing their job. To counteract this, internationally binding treaties are being put in place to protect lawyers and the people they represent. The three biggest problems the criminal justice system is tackling are... immense court backlogs, overcrowded prisons and criminal legal aid that is not keeping up with the rising cost of living. All these majorly affect the criminal justice system and how people can access justice in a straightforward and effective way that serves them. The legal aid system is... a vital public service that requires immediate funding from the government to make it accessible to every member of the public that needs it. Currently, there is a government consultation on increasing criminal legal aid fees, which is a step in the right direction. However, it is crucial to recognise that the cost of living is outstripping the extra funding being offered to legal aid solicitors. All areas of civil and criminal legal aid need to be adequately funded to level the playing field for all of us. My case preparation is... methodical and detailed. I take the time to read all of the relevant documents that I have been served and I take detailed instructions from my client on all aspects of the case. In most cases, it is necessary to find experts to look at various aspects of the case, and I have to give them detailed instructions. Being curious and making unconventional connections are essential to unearthing evidence and making the case. With cases that are tried at the crown court, I work as part of a team of litigators to prepare and present the case, so it is essential for the team to work well together. There are not usually any signs to show if a trial is going good or bad... You can get an impression, but guessing the outcome isn't fruitful when you are so close to the case. I have been scared once... early in my career, the police used to lock solicitors in the cell with the client during the consultation. They have since changed that and now there are consultation rooms. I recall meeting this client for the first time, and my advice was not well received. As a result, he began punching the walls around the cell. I soon realised that I was one of the only things in the room that had not been punched, at which point I did become a little alarmed. Fortunately, the noise he was making alerted a police officer, who opened the door to see if everything was okay. I took the opportunity to leave and allow my client to reflect on the advice I had given him. When I spoke with him later, he had calmed down and apologised for his reaction. It can be frustrating to see... the judicial system seemingly work against someone time and time again. Either the person cannot afford legal advice, yet cannot access legal aid, or the court backlogs have caused someone to be stuck in a loop in which they cannot find a way out. In those cases, it can be difficult to be in the solicitor role. While pursuing a different field of law would have undoubtedly had a bigger financial reward... I believe that criminal law is the most interesting area. I suppose I may be biased, though. This field has given me the opportunity to meet a vast variety of people and to make a positive difference in their lives during times that they need justice the most. It was also my interest in criminal law policy matters that led me to join the Law Society's criminal law committee. That was the start of my journey at the Law Society of England and Wales leading up to my presidency. Again, I may be biased, but I believe this is the best job in the world. Reflecting on that, I can honestly say that I would do it all over again, if I could.
Malay Mail
29-06-2025
- Malay Mail
Najib's DNAA appropriate in circumstances of the case — Hafiz Hassan
JUNE 29 — In the case of Vigny Alfred Raja v PP [2022], the accused was charged in the High Court for being a member of an organised criminal group, an offence under Section 130V of the Penal Code. He pleaded not guilty to the charge. On the day of his trial and before any evidence was led, the deputy public prosecutor (DPP) informed the court that he would not be continuing with the prosecution of the accused as investigations were still ongoing. The DPP requested the court to order a discharge not amounting to acquittal (DNAA) of the accused under Section 254 of the Criminal Procedure Code (CPC). The accused's counsel objected and said the proper order should be a discharge amounting to an acquittal (DAA). The High Court granted a DNAA on the grounds that: (a) the court had no power to order a DAA without hearing any evidence; and (b) under Article 145 of the Federal Constitution, the power to prosecute or discontinue prosecution was vested in the Attorney General/Public Prosecutor (AG/PP). The accused appealed to the Court of Appeal (COA), which affirmed the High Court's decision. The COA ruled that the prosecution had good grounds for asking the court to grant a DNAA as: (i) the trial of the case had not started as no witnesses had been called to testify; (ii) the prosecution could not proceed for the time being as the investigation was still ongoing and they would proceed with the trial when they were ready! and (iii) the High Court was right to refuse an acquittal in the absence of any evidence before the court. The accused further appealed to the Federal Court. At the hearing of the appeal, the DPP informed the apex court that the investigations into the offence with which the accused was charged had been completed and the PP had decided not to proceed with the charge against the accused. The DPP left it to the Court to make what orders it deemed fit in the circumstances of the case. Pursuant to Section 254(1) and (2) of the CPC, if at any stage of any trial — but before delivery of judgment — the prosecution informed the court that it would not further prosecute the accused upon the charge the accused should be discharged of the charge. Section 254(3) of the CPC provides that such discharge 'shall not amount to an acquittal unless the court so directs'. The Federal Court unanimously allowed the appeal. It set aside the decisions of the courts below, granting a DAA to the accused. The apex court was, however, divided on the interpretation to be accorded to Section 254(3) of the CPC. Federal Court Judge Zabariah Yusof, who delivered a concurring judgment, ruled that a plain and literal reading of Section 254(3) of the CPC means that any discharge granted by the court under Section 254 is a DNAA. In order for a DAA, it has to be specifically directed by the court. The opening wordings in the section are clear and unambiguous; hence the court must give effect to their plain and literal meaning. The court is vested with the discretionary power to direct a DAA of an accused person pursuant to Section 254(3) of the CPC and that such discretion is to be exercised judiciously. In other words, Section 254(3) does not fetter the discretion of the court in directing a DAA if the circumstances warrant it. (Emphasis added) The facts and circumstances of the case — the prosecution having informed the court that the investigations had been completed and the PP had decided not to proceed with the charge against the accused — warranted and justified that an order of DAA be granted to the accused. Lawyer Tan Sri Muhammad Shafee Abdullah speaks to reporters at the Kuala Lumpur High Court Complex on June 20,2025. — Picture by Yusof Mat Isa Now, compare the above with the order of DNAA of former prime minister Najib Razak in his final SRC International case involving RM27 million. It must first be said that the circumstances before High Court judge K. Muniandy were different. The DNAA was the most appropriate order given the circumstances of the case. It must be recalled that the prosecution had previously sought the court to grant a further extension to allow for the compilation of voluminous trial documents after indicating it was prepared to proceed with trial, following the Attorney General's Chambers (AGC) rejection of a representation submitted by Najib two years ago. The trial had stalled since 2019. Given the circumstances, the learned judge said the rule of law was applicable to prevent such a detrimental situation whereby an accused person was saddled with criminal charges with no outcome for an indefinite and indeterminate period. 'The prolonged wait for trial has become a long haul for the accused person, denying him of a timely resolution,' he said. 'This court is also mindful of the prevailing fact that the preferred charges against the accused date back to the offence being committed in the year 2014, now it is 2025, and the case has not taken off for trial. 'By the virtue of these factors, the most appropriate order is for this court to discharge the accused person without acquitting him so he's not saddled with the charges preferred against him,' he added. More so as unlike in the case of Vigny Alfred Ray, Najib's lawyer Muhammad Shafee Abdullah had suggested to the court to grant his client a DNAA in the interest of justice. The order of DNAA was accordingly appropriate — it did not prejudice the prosecution as they would be free to re-charge Najib when ready to proceed with the case while the accused would not be saddled with criminal charges with no outcome for an indefinite and indeterminate period. So why the criticisms against Najib's DNAA? Understand the circumstances of a case. Every case turns on its facts and circumstances. Only then can an order be appropriate or otherwise. * This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
The Independent
24-06-2025
- The Independent
Tributes to ‘legendary' defence barrister Courtenay Griffiths KC
The British legal world has paid tribute to 'legendary' defence barrister Courtenay Griffiths KC, who has died at the age of 69. Jamaica-born Dr Griffiths was among the first black lawyers to be awarded the then-Queen's Counsel status and rose to become a most prominent and formidable force at the criminal bar. He defended in many high-profile criminal trials after he was called to the bar in July 1980 and awarded silk in 1998. Notable cases included the Pc Keith Blakelock murder trial, the Brighton bombing and the Damilola Taylor murder trial. In 2007 he represented former Liberia president Charles Taylor in his war crimes trial in The Hague and also sat as a part-time judge. Barrister Laurie-Anne Power KC, of 25 Bedford Row, said: 'He was the single most influential figure in my legal career. 'He epitomised brilliance, intellect and fearlessness in equal measure. 'He considered it his duty to open doors and provide opportunities to those who might not otherwise have them. 'He was unapologetic about changing the landscape of the bar. 'As an advocate, there was simply no-one better. 'He commanded the attention of anyone and everyone in the courtroom. 'He had it all in abundance. 'But behind the advocate was a gentle, kind, and selfless man who loved the law.' Ms Power said she first met Dr Griffiths at a law fair in 1998 and he immediately asked her if she was Jamaican after sharing stories of their mutual love for the island. She added: 'He was my only mentor, in the true sense of the word. 'He hounded me into applying for silk and did not stop until I got it. 'He was a friend first and made me believe that I could achieve anything within the profession.' ITV News senior correspondent Ronke Phillips said: 'To watch Courtenay Griffiths in action at the Old Bailey was compelling. 'He was a skilled advocate. Sharp, clever and when needed, witty. 'Like all great barristers, he treated the courtroom as though he was the leading man in his own drama. 'His exchanges were often devastating for witnesses, but those of us on the press benches were delighted. 'He never failed to deliver the quotes we needed for our copy. 'Courtenay was charm itself. Serious about his work but never too serious to be friendly and always with a twinkle in his eye. RIP' Writing on X, Jacqueline McKenzie, solicitor and partner at law firm Leigh Day, said: 'Through his practice at Garden Court and 25 Bedford Row Chambers, he acted in major criminal and human rights cases, in the UK and overseas, and left an indelible mark of greatness on our profession, and on the world.' Barrister Amina Graham, from 2 Hare Court Chambers, wrote on LinkedIn: 'He demonstrated the importance of representation for me in my pursuit of a career at the Bar. 'I worked with him during my time at the Special Court for Sierra Leona where he represented Charles Taylor … a formidable advocate and an inspiration to so many.' Dr Griffiths was a multi-award-winning barrister who spent the majority of his career between Garden Court Chambers and 25 Bedford Row. In 2020, Dr Griffiths was handed an outstanding achievement award at the Legal 500 Awards and was given a lifetime achievement award at the UK Diversity Legal Awards in 2018. He was awarded an honorary doctorate from Leeds Metropolitan University in 2005.
The Guardian
28-05-2025
- Politics
- The Guardian
Company directors who cause nature damage in Scotland could face jail
Company directors who cause severe or reckless damage to nature could face jail terms or hefty fines under a bill that aims to criminalise environmental destruction in Scotland. The proposed law, which would be the first of its kind in the UK, is designed to put a class of environment offences known as ecocide on a similar legal footing to other grave crimes such as murder. Monica Lennon, the Scottish Labour MSP who has tabled the ecocide (Scotland) bill in the Scottish parliament, said it would introduce strict new legal duties on company executives and government agencies, with potential sanctions such as heavy fines or prison sentences. She said it would bring Scotland into line with the EU, which has an environmental crime directive, and formal moves by small nations such as Vanuatu, Samoa and Fiji to add ecocide to the mandate for the international criminal court. Brazil, Mexico, the Netherlands, Peru and Italy are also pursuing domestic ecocide laws, which are broadly defined as 'unlawful or wanton acts' committed knowing they could cause severe, widespread or long-term environmental damage. Activists point to oil tanker disasters; deforestation of the Amazon or destructive fishing practices, as examples of ecocide. Lennon said voters were very clear they believed serious environmental crimes needed to be policed and punished. 'I think the bill will give people hope,' she said. 'I think it's really important to renew hope and put environmental protection at the top of the agenda. 'This should give confidence to policymakers, and ensure the public knows we're making sure our laws are fit for purpose, and closing gaps and loopholes. We just don't talk about the nature emergency: we have a robust legal framework too.' More than 50 MSPs from all the major parties in the Scottish parliament, including the Conservatives, have supported Lennon's decision to table the bill, which will soon go to an initial vote to confirm it can progress. Environmental campaigners are critical of the Scottish government's recent track record on the climate and nature conservation, with promised legislation watered down and spending cut. Even so, ministers in Edinburgh support Lennon's bill in principle. Maurice Golden, a Scottish Tory MSP who backs the legislation, said the mere fact of its implementation would force companies and public agencies to be far more rigorous on environmental issues to avoid breaching it. 'The context of this is an international one. We don't want Scotland being seen as a soft touch,' he said. 'What we will see, as a result of this law, is that in order to reduce the risks of malpractice, companies are going to up their game.'
The Independent
23-05-2025
- Politics
- The Independent
UN expert says Guatemalan prosecutor's office using criminal law to pursue opponents
A United Nations expert warned Friday at the conclusion of her two-week visit that Guatemala's prosecutor's office is increasingly using criminal law against former prosecutors, judges, defense attorneys, journalists and others. Margaret Satterthwaite, the U.N. Special Rapporteur on the independence of judges and lawyers, traveled the country meeting with judges, lawyers, lawmakers and others, including Guatemala's chief prosecutor. 'The instrumental use of criminal law by the Prosecutor General's Office appears to amount to a systematic pattern of intentional and severe deprivation of fundamental rights, targeted at specific groups,' Satterthwaite wrote in her preliminary report. 'This persecution appears to be intensifying, as those who have sought to end impunity and corruption, defend human rights, or speak out against abuses of power increasingly face digital harassment, threats, and criminal charges.' The office is led by Consuelo Porras, who has been sanctioned by the United States and other countries and accused of being an obstacle to corruption investigations. Satterthwaite met with Porras and her staff. They told Satterthwaite that they acted within the law, denied using criminal law to pursue opponents and said they were the real victims of attacks by the executive branch and its allies, the U.N. expert said. 'Criminal charges have been directed at more than 60 justice operators and defense or human rights lawyers,' Satterthwaite said, noting that more than 50 'justice operators' have been forced into exile by the prosecutor's office. Porras' office said later that it did not agree with Satterthwaite's preliminary report, because it did not reflect 'the complex work that we do, nor the exhaustive information that was provided.' 'We energetically reject the idea of a 'criminalization of sectors,'" the office said. 'Our actions are based on serious, objective investigations that strictly adhere to the Guatemalan legal framework.' President Bernardo Arévalo has tried unsuccessfully to convince Porras to step down. His office did not immediately respond to a request for comment on Satterthwaite's observations.
