Dom Watts
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Ministry of Injustice
The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books and a popular blog, this enigmatic figure has shed light on the intricacies and flaws of the UK’s legal system, making complex legal issues accessible to the general public.

The Secret Barrister should not be confused with the BlackBelt Barrister.

Who is The Secret Barrister ?

The identity of The Secret Barrister remains unknown to the public, but everyone loves a good mystery and a healthy whodunnit !

Despite various speculations and attempts to uncover their identity, they have successfully maintained their anonymity until now. The Secret Barrister was described as a junior barrister specialising in criminal law, aged between 30 and 40, and not an Oxbridge graduate. They have also been described as a lefty lawyer.

The Secret Barrister stated on X that the question : Is Keir Starmer The Secret Barrister ? kept recurring.

There may be a clue to the identity of The Secret Barrister on The Secret Barrister website.

Miss Lucie Anne Wibberley, a former secretary of the Criminal Bar Association and a member of the Society of Labour Lawyers is listed on the register at the Bar Standards Board website.

Is Lucie Wibberley The Secret Barrister ??

Who do you think The Secret Barrister is ? Will the Bar Standards Board reveal who they are ⬇

The Secret Barrister and a “Moron”

On the 7th August 2024 in response to a tweet by Alex Armstrong, The Secret Barrister replied publicly “You are a moron….”.

In a now deleted tweet (due to continued abusive language), I asked if this behaviour was in breach of CD5 of the Bar Standards Board Code of Conduct.

CD5 You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession

Bar Standards Board Code of Conduct

The Secret Barrister replied “Suck it up, buttercup. It’s called free speech. I understand your sort are very keen on it.“

The term moron is now widely accepted as being dated and offensive.

A person affected with mild intellectual disability

The terms idiot, imbecile, moron, and their derivatives were formerly used as technical descriptors in medical, educational, and regulatory contexts. These uses were broadly rejected by the close of the 20th century and are now considered offensive.

Miriam Webster definition of moron

“Name calling” is also widely considered to be a form of bullying and harassment. I believe it’s also illegal !

Hardly the behaviour of a Barrister of England and Wales. It displays wanton arrogance and a rules don’t apply to me attitude.

The Secret Barrister may have friends in high places and be an expert in law, however no one is above the law. Thanks for reminding me about free speech.

The Secret Barrister has been reported to the Bar Standards Board to investigate :-

You can also report behaviour by a barrister to us even if you were not their client. For example, you can make a report about barristers who may be:

……behaving in a way which is likely to diminish the trust and confidence which the public places in them or in the profession – for example if they are bullying or harassing someone or using racist, sexist, or otherwise seriously offensive language either in person or on social media.

Reporting concerns about barristers – Bar Standards Board

From: Dom Watts

Sent: Thursday, August 8, 2024 10:25 AM

To: contactus@barstandardsboard.org.uk

Subject: Reporting a concerns about a practising barrister (The Secret Barrister)

Importance: High

Dear Bar Standards Board

I wish to report a barrister ( The Secret Barrister) for a breach of CD5 and behaving in a way which is likely to diminish the trust and confidence which the public places in them or in the profession –bullying / harassing someone using seriously offensive language either in person or on social media.

I am unable to use your online reporting form as I do not have the details for The Secret Barrister. I’m sure you know who they are !

Can you confirm that they are a practising barrister and regulated by you ?

I believe that sending my concern by email is allowed by your Reasonable Adjustments Policy. If not, could you please provide their full name and chambers so I can complete your online form ?

Regards

Email to the Bar Standards Board with concerns about The Secret Barrister

Books by The Secret Barrister

The Secret Barrister: Stories of the Law and How It’s Broken (2018)

This debut book provides a critical first-hand account of the criminal justice system in England and Wales. It highlights the systemic issues and underfunding that plague the legal system, using real-life cases to illustrate these points.

Fake Law: The Truth About Justice in an Age of Lies (2020)

In this follow-up, The Secret Barrister tackles the misinformation and myths surrounding the legal system. The book debunks common misconceptions and explains how these falsehoods can harm justice and society.

Nothing But The Truth: Stories of Crime, Guilt and the Loss of Innocence (2022)

This memoir tracks the author’s journey from a novice barrister to a celebrated legal commentator. It combines personal anecdotes with broader reflections on the state of the legal profession and the justice system.

Themes and Impact

The Secret Barrister’s works are known for their candid and often critical perspective on the legal system. Key themes include:

Access to Justice: Highlighting the barriers that prevent ordinary people from accessing legal representation.

Legal Aid Cuts: Criticizing the impact of funding cuts on the quality of legal defense available to defendants.

Systemic Failures: Exposing the daily failures within the courts that undermine justice.

Online Presence and Resources

The Secret Barrister also maintains a blog and an active X presence, where they continue to discuss legal issues and engage with the public. Here are some useful links:

The Secret Barrister Blog

The Secret Barrister on X

Books by The Secret Barrister on Amazon

Conclusion

The Secret Barrister has played a crucial role in demystifying the legal system for the public. Through their books and online presence, they continue to advocate for a fairer, more transparent justice system. Whether you’re a legal professional or simply interested in understanding how the law works, The Secret Barrister’s insights are invaluable.

Latest Blog Posts from thesecretbarrister.com

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Check out our related articles on Barristers, Rule of Law, Open Justice, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

The Secret Barrister

The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books… Read more: The Secret Barrister

What is Two Tier Policing ?

The BBC describes so-called “two-tier policing” as where right-wing protests are considered to be dealt with more harshly than left-wing… Read more: What is Two Tier Policing ?

What is Policing by Consent ?

Policing by consent is a fundamental principle that underpins modern democratic societies. It is a concept rooted in the belief… Read more: What is Policing by Consent ?

Rule of Law

The rule of law is a fundamental principle of democratic societies that underpins the concept of justice and fairness. It… Read more: Rule of Law

All articles can be found in our Sitemap

The BBC describes so-called “two-tier policing” as where right-wing protests are considered to be dealt with more harshly than left-wing ones by the police. This explanation is simply not true.

The most simplistic and accurate explanation of two tier policing is that there’s one rule for one person and another rule for another. The publicly shown bias and discrimination by the Police is manifesting itself irrespective of politics, sexuality, race or colour.

The police should and must operate independently under the law without fear or favour. The Rule of Law applies to everyone regardless of who they are. Policing in this country and around the world is by consent. There should no bias by the police or by anyone in the justice system.

The debate over two-tiered policing has significant implications for public trust in law enforcement. If the perception of biased policing persists, it can erode confidence in the police and exacerbate social divisions. On the other hand, dismissing legitimate concerns about unequal treatment can also harm community relations and hinder efforts to address systemic issues within law enforcement.

Two-tiered policing remains a contentious issue, with strong arguments on both sides. While some see it as a reflection of systemic biases within law enforcement, others view it as a necessary differentiation based on the nature of the protests or other lawlessness.

Regardless of where one stands on the issue, it is crucial to continue scrutinising police practices to ensure fairness and accountability in all aspects of law enforcement.

The State of Policing Report 2022 and the Loss of Public Trust by HMICFRS said amongst other things “The public’s trust and confidence are unacceptably low. The fundamental principle of policing by consent, upon which the service is built, is at risk.”

The discussion of #TwoTierPolicing #TwoTierJustice and #TwoTierKeir along with Free Speech is very much alive on X.

Sir Keir Starmer stated “there is no two-tier policing” and said it is a “non-issue”.

Metropolitan Police Commissioner Sir Mark Rowley has called accusations of two-tier policing “complete nonsense”.

They are hardly going to agree that there is Two Tier Policing ?! Maybe the Independent Office for Police Conduct (IOPC) should investigate ? Is the accusation of Police bias worthy of Judicial Review ?

Do you have evidence of two tier policing by the Met Police, West Midlands Police and other UK police forces ? Contact Us

Check out our related articles on Policing by Consent, Rule of Law, Open Justice, Innocent until Proven Guilty, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

The Secret Barrister

The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books… Read more: The Secret Barrister

What is Two Tier Policing ?

The BBC describes so-called “two-tier policing” as where right-wing protests are considered to be dealt with more harshly than left-wing… Read more: What is Two Tier Policing ?

What is Policing by Consent ?

Policing by consent is a fundamental principle that underpins modern democratic societies. It is a concept rooted in the belief… Read more: What is Policing by Consent ?

Rule of Law

The rule of law is a fundamental principle of democratic societies that underpins the concept of justice and fairness. It… Read more: Rule of Law

All articles can be found in our Sitemap

Policing by consent is a fundamental principle that underpins modern democratic societies. It is a concept rooted in the belief that the authority of the police derives from the consent and cooperation of the public they serve, as opposed to the power of the state.

It does not mean the consent of an individual. No individual can chose to withdraw their consent from the police, or from a law.

British policing is based on consent, meaning the ability of the police to carry out their functions rests on ‘public approval of their existence, actions and behaviour’

Police accountability – Institute for Government

The nine principles of policing by consent, often referred to as the Peelian principles, were articulated by Sir Robert Peel.

There is no evidence that these principles were devised by Sir Robert Peel and it more than likely that they were devised by the first Commissioners of Police of the Metropolis (Sir Charles Rowan and Sir Richard Mayne).

What are the Peelian Principles ?

To prevent crime and disorder, as an alternative to their repression by military force and severity of legal punishment.

To recognise always that the power of the police to fulfil their functions and duties is dependent on public approval of their existence, actions and behaviour and on their ability to secure and maintain public respect.

To recognise always that to secure and maintain the respect and approval of the public means also the securing of the willing co-operation of the public in the task of securing observance of laws.

To recognise always that the extent to which the co-operation of the public can be secured diminishes proportionately the necessity of the use of physical force and compulsion for achieving police objectives.

To seek and preserve public favour, not by pandering to public opinion; but by constantly demonstrating absolutely impartial service to law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws, by ready offering of individual service and friendship to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humour; and by ready offering of individual sacrifice in protecting and preserving life.

To use physical force only when the exercise of persuasion, advice and warning is found to be insufficient to obtain public co-operation to an extent necessary to secure observance of law or to restore order, and to use only the minimum degree of physical force which is necessary on any particular occasion for achieving a police objective.

To maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police, the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

To recognise always the need for strict adherence to police-executive functions, and to refrain from even seeming to usurp the powers of the judiciary of avenging individuals or the State, and of authoritatively judging guilt and punishing the guilty.

To recognise always that the test of police efficiency is the absence of crime and disorder, and not the visible evidence of police action in dealing with them.

Since 1829 these ‘General Instructions’ have been issued to every new police officer.

History of Policing by Consent

The origins of policing by consent can be traced back to the early 19th century in England. Prior to this period, law enforcement was often characterised by a lack of professionalism, corruption, and arbitrary use of power.

In 1829, Sir Robert Peel introduced the Metropolitan Police Act, which established the Metropolitan Police in London. This act marked a significant shift in policing philosophy, emphasising the idea of police as a civilian force serving the community rather than a military presence.

To implement his vision, Sir Robert Peel appointed Sir Charles Rowan and Sir Richard Mayne as the first Commissioners of the Metropolitan Police. Rowan and Mayne were instrumental in establishing a professional police force based on Peel’s principles. They implemented rigorous recruitment standards, emphasised training and discipline, and ensured that the police operated under public scrutiny and consent.

Under the leadership of Rowan and Mayne, the Metropolitan Police successfully transformed the concept of policing in London. Their commitment to upholding the principles of policing by consent set a precedent that would influence police forces worldwide.

Sir Robert Peel

Sir Robert Peel (1788-1850) was a British statesman and is widely regarded as the founder of modern policing. Born in Bury, Lancashire, England, Peel had a distinguished political career and served as the Prime Minister of the United Kingdom twice, from 1834 to 1835 and from 1841 to 1846.

Peel is most renowned for his significant contributions to law enforcement and criminal justice reforms.

Peel’s reforms also included the establishment of the first detective force, the improvement of police training and professionalism, and the standardisation of police uniforms and equipment. His contributions to policing set the stage for the development of professional law enforcement agencies that focus on crime prevention, community engagement, and the protection of individual rights.

Beyond his work in law enforcement, Peel made other significant contributions to British politics. He was instrumental in the repeal of the Corn Laws, which were tariffs on imported grain that had protected British agriculture but contributed to high food prices for consumers. The repeal of these laws had a profound impact on British trade and economic development.

Sir Robert Peel’s legacy as a statesman and reformer, particularly in the field of policing, remains influential to this day. His principles continue to shape the foundations of modern law enforcement, emphasising the importance of community consent, accountability, and professionalism in the maintenance of public safety and order.

Sir Charles Rowan and Sir Richard Mayne

Sir Charles Rowan and Sir Richard Mayne were two key figures who played significant roles in the establishment and development of the Metropolitan Police in London, working closely with Sir Robert Peel. They were the first Commissioners of the Metropolitan Police, serving under Peel’s leadership and implementing his vision of professional policing.

Sir Charles Rowan (1782-1852) was a British soldier and police administrator. He was appointed as one of the two Commissioners of the Metropolitan Police when it was first established in 1829. Rowan brought his military experience and organisational skills to the role, contributing to the professionalisation and efficiency of the police force. He worked closely with Peel to implement reforms and ensure that the principles of policing by consent were upheld. Rowan’s emphasis on discipline, training, and strategic deployment of police resources helped shape the early foundations of the Metropolitan Police.

Sir Richard Mayne (1796-1868) was a British lawyer and civil servant. He also served as one of the original Commissioners of the Metropolitan Police alongside Rowan. Mayne, known for his administrative abilities, played a crucial role in developing the infrastructure and operations of the police force. He focused on establishing clear guidelines, procedures, and protocols for police officers, ensuring that they operated within the framework of the law and maintained public trust. Mayne’s contributions helped to solidify the principles of accountability, impartiality, and transparency within the Metropolitan Police.

Rowan and Mayne worked collaboratively to shape the structure and functioning of the Metropolitan Police. They were responsible for recruiting and training officers, establishing a hierarchical command structure, and implementing policies that aligned with Peel’s principles.

Their efforts were instrumental in the successful establishment of a professional and civilian police force in London, setting a standard for policing practices that influenced law enforcement agencies both in the United Kingdom and internationally.

Policing by Consent around the World

Here are some examples of how the Peelian principles of policing by consent have influenced policing globally:-

The principles of policing by consent have had a profound influence on law enforcement practices in the United States. Many police departments strive to build positive relationships with the communities they serve, engaging in community-oriented policing initiatives, implementing transparency measures, and emphasising de-escalation techniques. The principles have also informed the development of professional standards and training programs for officers.

Australian police forces have embraced the Peelian principles as a foundation for their operations. Community engagement, collaboration, and accountability are emphasised in Australian policing, with efforts made to build trust and partnerships with the diverse communities across the country. The principles have guided the development of community policing programs and the adoption of ethical standards.

Policing in Canada is influenced by the Peelian principles, particularly in terms of community engagement and accountability. Canadian police agencies have adopted community policing strategies, emphasising the importance of building relationships, problem-solving, and preventative measures. The principles also guide the training and professional conduct of Canadian police officers.

The Peelian principles have shaped the philosophy of policing in New Zealand. The New Zealand Police explicitly incorporate the principles into their values and code of conduct. The focus on community engagement, proactive policing, and respect for human rights aligns with the Peelian principles. New Zealand Police have also emphasised the importance of building trust and legitimacy through transparency and accountability.

Policing in various European countries has been influenced by the Peelian principles. Concepts such as community policing, the protection of individual rights, and the need for police legitimacy are prevalent across European police forces. Efforts are made to establish partnerships with communities, promote equality and impartiality, and maintain transparency in police operations.

It’s important to note that while the Peelian principles have had a broad impact on policing worldwide, the specific application and implementation may vary across different countries, taking into account local laws and cultures.

Nonetheless, the principles continue to shape the ongoing development of modern policing, emphasising the importance of maintaining public trust and collaboration with the communities they serve.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Check out our related articles on Rule of Law, Open Justice, Innocent until Proven Guilty, What is Two Tier Policing, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

The Secret Barrister

The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books… Read more: The Secret Barrister

What is Two Tier Policing ?

The BBC describes so-called “two-tier policing” as where right-wing protests are considered to be dealt with more harshly than left-wing… Read more: What is Two Tier Policing ?

What is Policing by Consent ?

Policing by consent is a fundamental principle that underpins modern democratic societies. It is a concept rooted in the belief… Read more: What is Policing by Consent ?

Rule of Law

The rule of law is a fundamental principle of democratic societies that underpins the concept of justice and fairness. It… Read more: Rule of Law

All articles can be found in our Sitemap

The rule of law is a fundamental principle of democratic societies that underpins the concept of justice and fairness.

It refers to the idea that all individuals and institutions are subject to the same set of laws and procedures, regardless of their position or status.

This means that the law should be applied equally to everyone, without discrimination, and that no one should be above the law.

Origins of the Rule of Law

The origins of the rule of law can be traced back to ancient civilizations such as Greece and Rome, where it was seen as a key component of a just and stable society.

In ancient Greece, the philosopher Aristotle wrote about the importance of the rule of law in preventing the abuse of power and promoting the common good.

Similarly, in ancient Rome, the idea of the rule of law was embodied in the concept of “equal protection under the law,” which was enshrined in the Roman legal system.

In more recent times, the rule of law has been a central tenet of modern democratic societies.

It was first articulated as a formal principle during the Enlightenment, when thinkers such as Hobbes, Locke, Montesquieu, and Rousseau argued that the power of the state should be limited by law, and that citizens should have certain rights and freedoms that were protected by the law.

Importance of the Rule of Law

The rule of law is important for several reasons. First and foremost, it helps to ensure that everyone is treated fairly and equally under the law. This means that no one can be arbitrarily deprived of their rights or subjected to unfair treatment by those in positions of power.

Secondly, the rule of law is crucial for maintaining social order and stability. When people believe that the law is just and that it is being applied fairly, they are more likely to respect it and to comply with it voluntarily. This helps to prevent social unrest and disorder, and ensures that conflicts are resolved through peaceful means.

Thirdly, the rule of law is essential for protecting individual freedoms and rights. By providing a framework of laws and procedures that are designed to protect individual rights, such as freedom of speech, assembly, and religion, the rule of law helps to prevent abuses of power and ensures that people are able to live their lives in accordance with their own values and beliefs.

The Rule of Law in the UK

The rule of law is a fundamental principle of the UK’s constitutional system. It is enshrined in a number of key legal documents, including the Magna Carta, the Bill of Rights 1689, and the Human Rights Act 1998.

In practice, the rule of law is upheld by the judiciary, which is independent of the government and other branches of the state. The courts are responsible for interpreting and applying the law, and for ensuring that the government and other public bodies act in accordance with the law.

The rule of law is also central to the UK’s relationship with the European Union. As a member of the EU, the UK was bound by EU law and subject to the jurisdiction of the European Court of Justice.

This helped to ensure that the UK government and other public bodies acted in accordance with EU law and that citizens were able to enforce their rights under EU law.

The Rule of Law around the World

The rule of law is also an important principle in the international arena. It is enshrined in the United Nations Charter and in a number of other international agreements and treaties.

One of the key functions of international law is to promote the rule of law in relations between states, by providing a framework for the peaceful resolution of disputes and the protection of human rights. International law also helps to promote cooperation and collaboration between states, by setting out common standards and norms for behaviour.

However, the rule of law is not always respected in the international arena. In some parts of the world, governments and other institutions may be corrupt or lack the capacity to enforce the law effectively. This can lead to human rights abuses, social unrest, and conflict.

In addition, there are concerns about the erosion of the rule of law in some countries, as governments may seek to restrict the rights and freedoms of their citizens in the name of national security or other interests.

The Importance of Upholding the Rule of Law

The rule of law is a fundamental principle of democratic societies, and its importance cannot be overstated. When the rule of law is respected, it helps to ensure that all individuals and institutions are held accountable, and that everyone is treated fairly and equally under the law.

The rule of law is also essential for maintaining social order and stability, protecting individual freedoms and rights, and promoting cooperation and collaboration between states.

In order to uphold the rule of law, it is essential that governments and other institutions act in accordance with the law, and that the judiciary is independent and impartial. It is also important for citizens to be informed about their rights and responsibilities under the law, and to be able to enforce those rights through the courts if necessary.

Conclusion

The rule of law is a fundamental principle of democratic societies, and its importance cannot be overstated. It helps to ensure that all individuals and institutions are held accountable, and that everyone is treated fairly and equally under the law.

In the UK, the rule of law is enshrined an unwritten constitution made up of various sources, including statutes, case law, and conventions which is upheld by an independent judiciary. The principle of the rule of law is an important aspect of the UK’s constitutional framework.

The UK’s longstanding commitment to the Rule of Law is under grave threat according to the landmark report The State We’re In: Addressing Threats & Challenges to the Rule of Law written by the legal charity JUSTICE.

In the world, the rule of law is an important principle in international relations, and is enshrined in a number of international agreements and treaties. However, there are concerns about the erosion of the rule of law in some countries, and the need to promote and protect the rule of law globally.

Ultimately, the rule of law is essential for promoting justice, fairness, and equality in societies around the world, and for ensuring that human rights and freedoms are protected and respected.

Check out our related articles on Innocent until Proven Guilty, Open Justice, Policing by Consent, What is Two Tier Policing, Innocent until Proven Guilty, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

The Secret Barrister

The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books… Read more: The Secret Barrister

What is Two Tier Policing ?

The BBC describes so-called “two-tier policing” as where right-wing protests are considered to be dealt with more harshly than left-wing… Read more: What is Two Tier Policing ?

What is Policing by Consent ?

Policing by consent is a fundamental principle that underpins modern democratic societies. It is a concept rooted in the belief… Read more: What is Policing by Consent ?

Rule of Law

The rule of law is a fundamental principle of democratic societies that underpins the concept of justice and fairness. It… Read more: Rule of Law

All articles can be found in our Sitemap or Legal Blog pages.

The concept of “innocent until proven guilty” is a fundamental principle of the justice system in many countries around the world. The principle is that an individual is considered innocent until proven guilty in a court of law. It is also known as “The presumption of innocence”.

This principle is enshrined in the Human Rights Act 1998 and the United Nations Declaration of Human Rights.

What is the concept of innocent until proven guilty ?

The concept of innocent until proven guilty dates back to ancient Roman law. It is a cornerstone of the justice system in many countries around the world. The principle is based on the idea that an individual is presumed innocent until the prosecution proves otherwise. This principle is essential because it protects the rights of the accused and ensures that justice is served.

The Human Rights Act 1998

The Human Rights Act 1998 is a piece of legislation in the United Kingdom that incorporates the European Convention on Human Rights into UK law. The act is intended to protect the rights and freedoms of individuals in the UK. One of the most important rights protected by the Human Rights Act 1998 is the right to a fair trial.

The right to a fair trial includes the right to be presumed innocent until proven guilty. This means that the prosecution must prove the guilt of the accused beyond a reasonable doubt. The right to a fair trial also includes the right to legal representation, the right to examine witnesses, and the right to a public trial.

(1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

(2) Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

(3) Everyone charged with a criminal offence has the following minimum rights:

(a)to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

(b)to have adequate time and facilities for the preparation of his defence;

(c)to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d)to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e)to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Right to a Fair Trial Article 6 Human Rights Act 1998

The United Nations Declaration of Human Rights

The United Nations Declaration of Human Rights is a document adopted by the United Nations General Assembly in 1948. The declaration sets out a range of fundamental human rights that should be protected around the world. The declaration includes the right to a fair trial.

Article 11 of the declaration states that “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.” This article emphasizes the importance of the presumption of innocence and the right to a fair trial.

Trial by media

The issue of trial by media has become increasingly prevalent in recent years. Trial by media refers to the situation where an individual is tried and convicted in the court of public opinion before they have had a chance to defend themselves in a court of law. This situation is often exacerbated by sensationalist media coverage and the use of social media.

Trial by media can have a significant impact on the accused, including damage to their reputation and public humiliation. In some cases, trial by media can even lead to the denial of a fair trial.

Examples of trial by media

One example of trial by media occurred in the case of Amanda Knox, an American student who was accused of murdering her roommate in Italy in 2007. The case received extensive media coverage, with many media outlets portraying Knox as guilty before the trial even began. Knox was eventually acquitted, but the media coverage had a significant impact on her reputation.

Another example of trial by media occurred in the case of Barry George, who was accused of murdering British television presenter Jill Dando in 1999. The media coverage of the case was highly sensationalised, and George was portrayed as guilty before the trial even began. George was eventually acquitted, but the media coverage had a lasting impact on his reputation.

Conclusion

In conclusion, the principle of innocent until proven guilty is a fundamental aspect of the justice system in many countries around the world. It is essential to protect the rights of the accused and ensure that justice is served.

The issue of trial by media must be addressed to ensure that individuals are not unfairly tried and convicted in the court of public opinion. The media has a responsibility to report fairly and objectively on legal proceedings, and individuals have the right to a fair trial, including the right to be presumed innocent until proven guilty.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Check out our related articles on Rule of Law, Open Justice, Policing by Consent, What is Two Tier Policing, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

The Secret Barrister

The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books… Read more: The Secret Barrister

What is Two Tier Policing ?

The BBC describes so-called “two-tier policing” as where right-wing protests are considered to be dealt with more harshly than left-wing… Read more: What is Two Tier Policing ?

What is Policing by Consent ?

Policing by consent is a fundamental principle that underpins modern democratic societies. It is a concept rooted in the belief… Read more: What is Policing by Consent ?

Rule of Law

The rule of law is a fundamental principle of democratic societies that underpins the concept of justice and fairness. It… Read more: Rule of Law

All articles can be found in our Sitemap

The Judicial Conduct Investigations Office (JCIO) are an independent office which supports the Lord Chancellor and Lady Chief Justice in considering complaints about the personal conduct of judicial office holders.

It was established in 2006, following the Constitutional Reform Act 2005, which reformed the way in which judges are appointed, disciplined and removed from office.

Make sure to read our article about the highly questionable Sussex Family Justice Board (SFJB) and its board members such as His Honour Judge Farquhar.

‘The commissioner’s decision is that the JCIO is not a statutory body. He finds that the JCIO is part of the MoJ which is a public authority for the purposes of FOIA. By failing to confirm whether it held the requested information within 20 working days, the MoJ has breached sections 1(1)(a) and 10(1) of FOIA.’

Judicial Conduct Investigations Office must comply with FoI requests

Rules and Regulations

The 2014 Judicial Discipline Regulations and supporting rules came into effect from 18 August 2014

The Judicial Discipline (Prescribed Procedures) Regulations 2014

Judicial Conduct (Magistrates) Rules 2014

Judicial Conduct (Judicial) Rules 2014

Judicial Conduct (Tribunals) Rules 2014

Judicial Conduct (Tribunals) (Amendment of Offices) Rules 2017

Supplementary Guidance – The Judicial Conduct (Judicial and other office holders) Rules 2014

Supplementary Guidance – The Judicial Conduct (Magistrates) Rules 2014

Supplementary Guidance – The Judicial Conduct (Tribunals) Rules 2014

Employment Tribunal (Scotland) – Making a complaint of Judicial Misconduct about an Employment Judge

How to Complain

The Judicial Conduct Investigations Office can only deal with complaints about the personal conduct of judicial office holders. This means that they cannot accept complaints about a judge’s decision or the way a judge has managed a case.

The JCIO Making A Complaint website contains all the details along with the link to the JCIO portal.

Office for Judicial Complaints (OJC) – 2004

Before the establishment of the JCIO, the responsibility for investigating complaints against judges rested with the Office for Judicial Complaints (OJC), which was established in 2004. The OJC was a part of the Ministry of Justice and had the power to investigate complaints made against judges in England and Wales.

However, the OJC was widely criticized for being insufficiently independent and for lacking transparency. In response to these criticisms, the government established the JCIO in 2006 as an independent body to investigate complaints against judges.

Judicial Complaints Investigation Bureau (JCIB) -1991

Before the Office for Judicial Complaints (OJC) was established in 2004, the responsibility for investigating complaints against judges in England and Wales rested with the Judicial Complaints Investigation Bureau (JCIB), which was created in 1991.

The JCIB was a division of the Lord Chancellor’s Department (which later became the Ministry of Justice), and it was responsible for investigating complaints about the personal conduct of judges. However, the JCIB was criticized for being insufficiently independent and for lacking transparency, particularly following a high-profile case in 1993 involving a judge who was found to have used racist language.

JCIO Powers

The JCIO is responsible for investigating complaints about the personal conduct of judges, as well as their professional conduct. It has the power to investigate complaints made by members of the public, legal professionals, and other judges.

The JCIO’s investigations are carried out by a team of investigators who are independent of the judiciary.

Overall, the establishment of the JCIO was seen as an important step in ensuring the independence and integrity of the judiciary in England and Wales.

Disciplinary Statements

You can check if a a judge has had any disciplinary action against them as Disciplinary statements are published on the JCIO website and are sorted by year.

The JCIO publication policy states that a statement will normally be published when a disciplinary sanction has been issued to a judicial office-holder for misconduct.

The Lady Chief Justice and Lord Chancellor may decide jointly to:

issue a statement in any case;

decline to issue a statement in any case;

delete a statement prior to the expiration of the relevant publication period.

Publication Periods

Statements published before 22 August 2022

Statements about cases which resulted in a sanction below removal from office will be deleted after one year. Statements about cases which resulted in removal from office will be deleted after five years.

Statements published from 22 August 2022

The following publication periods apply to statements published from 22 August 2022. Following the outcome of the 2020-22 review of the disciplinary system, statements now contain more detail. The JCIO privacy notice has been updated to reflect this change.

Requesting a Copy of a Deleted Statement

A copy of any statement which has been deleted following expiration of its publication period can be requested by emailing: general.enquiries@judicialconduct.gov.uk

Requesters must state the name of the office-holder. It will also help to locate statements if requesters give as much information as possible about the nature of the conduct for which the office-holder received a disciplinary sanction, and the year in which they believe the statement was published.

JCIO aims to reply to all requests for deleted statements within 10 working days.

JCIO Publication Policy

JCIO Disciplinary Statements 2024/2025

His Honour Judge Steven Everett – JCIO Investigation Statement 36/24

Mr Richard Morris JP – JCIO Investigation Statement 35/24

Deputy District Judge Adrian White – JCIO Investigation Statement 34/24

Ms Natalia Schiffrin JP – JCIO Investigation Statement 33/24

Mrs Anne Toomer JP – JCIO Investigation Statement 32/24

Mr Timothy Vogel JP – JCIO Investigation Statement 31/24

Mr Charles Peck JP – JCIO Investigation Statement 30/24

Deputy Senior District Judge Tanweer Ikram – JCIO Investigation Statement 29/24

Mr Justice Picken – JCIO Investigation Statement 28/24

Mr Justin Johnson JP – JCIO Investigation Statement 27/24

Declan Ball JP – JCIO Investigation Statement 26/24

Recorder Andrew Tidbury – JCIO Investigation Statement 25/24

Ms Shaistah Zeidan JP – JCIO Investigation Statement 24/24

Mr Andrew Sturgess JP – JCIO Investigation Statement 23/24

Mrs Ijeoma McDougall JP – JCIO Investigation Statement 22/24

District Judge Najma Mian – JCIO Investigation Statement 21/24

Don Wicks JP – JCIO Investigation Statement 20/24

Mr Nicholas Preston – JCIO Investigation Statement 19/24

Robert Gonouya JP – JCIO Investigation Statement 18/24

Mr Justice Francis – JCIO Investigation Statement 17/24

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

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A barrister is anyone who has been Called to the Bar in England and Wales. For a barrister to offer a full range of legal services (including what are known as “reserved legal activities”) a barrister must also be authorised to practise.

These barristers are recorded on the Barristers’ Register which records their practising status and address, the reserved legal activities they are authorised to undertake and whether they have been the subject of any disciplinary findings.

Barristers who are not authorised to practise are allowed to provide a more limited range of legal services but they must not refer to themselves as barristers in doing so.

Should a barrister that commits fraud be prosecuted and disbarred ?

Would this criminality and dishonesty diminish the trust and confidence which the public places in the profession ?

CI5

Read the reviews of Junior Sussex Barrister Gavin Howe

“He is awful, underhanded and should not be practising law!”

and Legal 500 Junior Barrister Eleanor Battie

“She is a one-woman legal A Team”

Called to the Bar is the symbolic barrier separating the public from those admitted to the well of the Court.

Role of a Barrister

A barrister is a legal professional who specializes in court advocacy and provides independent legal advice to clients. Here are key points about their role:

Court Advocacy: Barristers represent clients in court proceedings, both in defense and prosecution. They present arguments, cross-examine witnesses, and make legal submissions.

Independent Advice: Clients can directly instruct barristers without involving a solicitor. Barristers offer expert advice on case merits, potential outcomes, and legal strategies.

Self-Employed: Most barristers are self-employed and work from chambers. However, some may work in government agencies or private organizations.

Practice Areas

Barristers work across various legal practice areas. Some common ones include:

Criminal Law: Representing clients in criminal trials, appeals, and sentencing hearings.

Family Law: Handling divorce, child custody, and financial disputes.

Commercial Law: Advising on business contracts, disputes, and corporate matters.

Employment Law: Dealing with workplace disputes, discrimination claims, and employment contracts.

Personal Injury: Representing clients in accident claims and compensation cases.

Property Law: Assisting with property transactions, disputes, and landlord-tenant matters.

Qualifications

To become a barrister in England and Wales, follow these steps:

Qualifying Law Degree: Obtain an LLB Law degree or a non-law degree followed by a conversion course (such as the Postgraduate Diploma in Law or Master of Arts in Law).

Bar Practice Course (BPC): Complete the BPC, a postgraduate course that prepares graduates for barrister practice. Passing the BPC is a prerequisite for the final stage of training called pupillage.

Essential Skills

Barristers need a diverse skill set:

Communication: Ability to interact with various people effectively.

Analytical Thinking: Logical approach to problem-solving.

Advocacy: Representing clients’ interests persuasively in court.

Attention to Detail: Crucial for legal research and case preparation.

Time Management: Juggling multiple cases efficiently.

Commercial Awareness: Understanding business and industry contexts.

In summary, barristers are legal advocates who specialise in court representation and provide vital legal advice. Whether in criminal trials, family disputes, or commercial matters, their expertise ensures justice and fairness in the legal system.

Check out our articles on Direct Access Barristers, Four Inns of Court, Bar Standards Board, Bar Standards Board Justice ?, Solicitors, Rule of Law and the highly questionable Sussex Family Justice Board.

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On the 5th July 2024, former barrister Shabana Mahmood was named as Lord Chancellor and secretary of state for justice in the new Labour government. Shabana Mahmood was sworn in as lord chancellor at the Royal Courts of Justice on the 15th July 2024 ahead of the opening of parliament on 17 July 2024.

Attorney General Richard Hermer KC and Solicitor General Sarah Sackman were also sworn in at the same time.

As the Secretary of State for Justice, Shabana Mahmood MP, heads the Ministry of Justice.

Shabana Mahmood was appointed Lord Chancellor and Secretary of State for Justice on 5 July 2024. They were elected as the MP for Birmingham Ladywood in July 2024.

Lord Chancellor and Secretary of State for Justice Bio gov.uk

You may also be interested in our article on the Lord Chief Justice and the Master of the Rolls.

What is the role of the Lord Chancellor ?

The Lord Chancellor is one of the most ancient offices of state, dating back many centuries.

The Lord Chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking even the prime minister.

The Lord Chancellor is responsible for the administration of the courts, prison system, legal aid, and probation services in England and Wales

The Lord Chancellor is appointed by the Monarch on the advice of the Prime Minister and is a senior member of the Cabinet. They head the Ministry of Justice as the Secretary of State for Justice.

You may also be interested in our article about the Constitutional Reform Act 2005 which explains the transfer of some powers from the Lord Chancellor to the Lord Chief Justice.

Oath of the Lord Chancellor

The Lord Chancellor takes a sincere and solemn Oath from Part 2 Section 17 of the Constitutional Reform Act 2005

“I, , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.”

Oath of the Lord Chancellor Part 2 Section 17 Constitutional Reform Act 2005

What is the role of the Secretary of State for Justice ?

According to the gov.uk webpage for the Secretary of State for Justice, it lists the ministerial roles as follows :-

Responsibilities

Oversight of all portfolios and Ministry of Justice strategy

Oversight of departmental COVID-19 response supported by other ministers according to portfolio

Oversight of international business and future relations with the EU

MoJ support for the Union

Resourcing of the department

Functions of the Lord Chancellor

Judicial policy including pay, pensions and diversity (these and other operational decisions affecting the judiciary are reserved to the Lord Chancellor)

Corporate services

Previous Lord Chancellor and Secretary of State for Justice

The Rt Hon Alex Chalk KC 2023 to 2024

The Rt Hon Dominic Raab MP 2022 to 2023 (Lord Bully)

The Rt Hon Brandon Lewis CBE MP 2022 to 2022

The Rt Hon Dominic Raab MP 2021 to 2022

The Rt Hon Robert Buckland KC MP 2019 to 2021

The Rt Hon David Gauke 2018 to 2019

The Rt Hon David Lidington CBE 2017 to 2018

The Rt Hon Elizabeth Truss MP 2016 to 2017

The Rt Hon Michael Gove MP 2015 to 2016

The Rt Hon Chris Grayling MP 2012 to 2015

The Rt Hon Kenneth Clarke KC 2010 to 2012

Photo Credit : Shabana Mahmood

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe

“He is awful, underhanded and should not be practising law!”

and Legal 500 Junior Barrister Eleanor Battie

“She is a one-woman legal A Team”

Latest Articles

The Secret Barrister

The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books… Read more: The Secret Barrister

What is Two Tier Policing ?

The BBC describes so-called “two-tier policing” as where right-wing protests are considered to be dealt with more harshly than left-wing… Read more: What is Two Tier Policing ?

What is Policing by Consent ?

Policing by consent is a fundamental principle that underpins modern democratic societies. It is a concept rooted in the belief… Read more: What is Policing by Consent ?

Rule of Law

The rule of law is a fundamental principle of democratic societies that underpins the concept of justice and fairness. It… Read more: Rule of Law

All articles can be found in our Sitemap or Legal Blog pages.

The Solicitor General is the second law officer of the Crown in the United Kingdom, after the Attorney General. The role of the Solicitor General is to assist the Attorney General in their legal duties and responsibilities, and to act as their deputy in their absence.

The Solicitor General is also responsible for representing the government in court, and for providing legal advice to government departments and agencies. In addition, the Solicitor General works closely with the Attorney General on a range of legal issues, including the development of legal policy and the administration of justice.

Sarah Sackman was appointed Solicitor General on the 9th July 2024. She was elected as the MP for Finchley and Golders Green in July 2024.

She was called to the Bar in 2008 and worked as a barrister at Francis Taylor Building and Matrix Chambers, focusing on public, election, planning, environment and rating law.

The Solicitor General is appointed by the monarch on the advice of the Prime Minister, and is usually a member of the government. The Solicitor General is also a Member of Parliament and can participate in parliamentary debates and proceedings.

Previous Solicitor General

Robert Courts KC 2023 to 2024

The Rt Hon Michael Tomlinson KC 2022 to 2023

Edward Timpson CBE KC 2022 to 2022

The Rt Hon Alex Chalk KC 2021 to 2022

The Rt Hon Michael Ellis KC 2021 to 2021

The Rt Hon Lucy Frazer KC 2021 to 2021

The Rt Hon Michael Ellis KC 2019 to 2021

The Rt Hon Lucy Frazer KC 2019 to 2019

The Rt Hon Robert Buckland KC 2014 to 2019

The Rt Hon Sir Oliver Heald KC 2012 to 2014

Sir Edward Garnier KC 2010 to 2012

Solicitor General Salary

The Solicitor General is entitled to a salary of £62,368 but claims £57,962 according to Salaries of members of His Majesty’s Government: April 2022 (HTML)

This is addition to the basic annual salary for an MP from 1 April 2022 which is £84,144 according to Pay and expenses for MPs.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe

“He is awful, underhanded and should not be practising law!”

and Legal 500 Junior Barrister Eleanor Battie

“She is a one-woman legal A Team”

Latest Articles

The Secret Barrister

The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books… Read more: The Secret Barrister

What is Two Tier Policing ?

The BBC describes so-called “two-tier policing” as where right-wing protests are considered to be dealt with more harshly than left-wing… Read more: What is Two Tier Policing ?

What is Policing by Consent ?

Policing by consent is a fundamental principle that underpins modern democratic societies. It is a concept rooted in the belief… Read more: What is Policing by Consent ?

Rule of Law

The rule of law is a fundamental principle of democratic societies that underpins the concept of justice and fairness. It… Read more: Rule of Law

All articles can be found in our Sitemap or Legal Blog pages.