Mon, 30 Apr 2018
The BBC tonight airs an important analysis of the problems in the underfunded Criminal Justice System exposed by recent high-profile collapsed trials, and the injustice caused by a wrongful conviction of Philip Rule’s client Danny Kay.
“Everyone has the right to a fair trial, but how sure can people be that, if it came to it, they would get one? Panorama reporter Katie Razzall investigates cases where crucial evidence had not been investigated by the police or where evidence had been withheld from defendants. One man was wrongly jailed for four years, another had the case against him thrown out just before his trial was due to start and a m
an was put on trial for rape despite the alleged victim saying he should not have been charged. All rape prosecutions are now being reviewed after the collapse of some high-profile trials.
Former High Court judge Richard Henriques tells the programme there have been too many cases recently where only at the last moment the truth comes to light and the system must do better.”
Philip says it is important to recognise the role played by a properly funded criminal justice system in social cohesion and equality and in social concepts of justice. Public confidence requires a responsible stewardship of this system to safeguard the public interest in ensuring convictions are fair and follow thorough and independent investigations.
It is timely to highlight this issue as the independent Bar, the barristers who prosecute and defence in the system as independent people, is standing up for the rights of the vulnerable and less well-off, and for the public interest of wider society to have a properly functioning system for criminal trials and investigations. Action has been taken by the Bar over the chronic systemic problems being tolerated by the approach of all governments for the past decade:
Barristers vote to walk out in protest at government cuts
Lawyers’ association says justice system is broken and ‘supply of sticking plaster has run out’
https://www.theguardian.com/law/2018/mar/29/barristers-vote-to-walk-out-in-protest-at-government-cuts
Protestors hold Vigil for Justice outside the MoJ
http://www.lag.org.uk/article/204824/protestors-hold-vigil-for-justice-outside-the-moj
‘The system is desperate, as are we’
https://www.legalcheek.com/2018/03/the-system-is-desperate-as-are-we-criminal-barristers-to-refuse-new-work-in-protest-to-legal-aid-cuts/
Lawyers united: solicitors pledge to back bar's action
https://www.lawgazette.co.uk/practice/lawyers-united-solicitors-pledge-to-back-bars-action/5065453.article
Lawyers call for strike over 'relentless legal aid cuts'
https://www.independent.co.uk/news/uk/home-news/legal-aid-cuts-lawyers-strike-criminal-bar-association-justice-gauke-a8280226.html
Further details of Philip Rule’s case are here: https://www.no5.com/news-and-publications/news/1671-court-of-appeal-quashes-conviction-of-man-accused-of-rape-in-decision-of-r-v-k-2017-ewca-crim-2214/
The injustice of Danny’s case was first highlighted in detail by the press in pieces such as:
http://www.bbc.com/news/uk-england-derbyshire-42576716Man cleared of rape due to Facebook message revealing his innocence after two years in prison
https://www.independent.co.uk/news/uk/home-news/man-rape-cleared-not-guilty-facebook-message-danny-kay-prove-innocence-prison-two-years-derbyshire-a8139936.html
The Panorama programme airs at 8.30pm on Monday 30 April 2018 in England, and 10.40pm
