Lots of comment on here over the past 24 hours about Benjamin Mendy.

Two helpful observations:

1. If you didn’t hear the evidence at trial, your hot take on the jury’s verdicts is worthless.

2. There is to be a retrial, so contempt laws still apply to those hot takes.
As a general observation, a “not guilty” verdict tells us nothing more than the fact that the jury were not sure of guilt.

It doesn’t equate to a positive finding of innocence.

It doesn’t automatically mean that a complainant was lying.

It just means “not guilty.”
The common misconceptions about what conclusions we can actually draw from jury verdicts are something I address in #FakeLaw.

Until we start requiring juries to give reasons for their verdicts (something I support), we will never know why and how they reach their decisions.

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More from @BarristerSecret

Dec 17, 2022
***PADDINGTON 2 LIVE-TWEET: THE RULES***

This lecture explores the Christmas(ish) classic Paddington 2 through the lens of English & Welsh law.

Contributions are welcome, but I'm perfectly prepared to tweet the entire film to a wall of embarrassed silence.

#LegalLiveTweet
This paper considers, inter alia, how the journey of one Peruvian bear through the criminal justice system might have been different had he and his associates all been subject to the law of England and Wales.
Some basic rules so we’re all singing from the same (Dario Marianelli) song sheet:

First and foremost, Paddington Bear is, for our purposes, subject to the jurisdiction of the criminal law. No presumption of Ursa Incapax here. If he does the crime, he’s doing the time.
Read 58 tweets
Dec 14, 2022
It is both an insult and a mark of cowardice when defendants refuse to attend court for their sentence.

But what is actually being suggested here?

I can only see only two options.

And Labour’s policy is unclear. 🧵
Labour excitedly told The Sun that they would “force offenders to literally face justice”. Does this mean *literally* dragging unwilling defendants into the dock? Aside from the safety issues, what if the defendant decides to disrupt proceedings?

thesun.co.uk/news/18278348/… ImageImage
If the Defendant, dragged into court against his will, decides to start shouting from the dock - abusing the judge, or even the victim’s family in the public gallery - what then? Binding and gagging?

This cannot be what is intended.

So what is?

Well…
Read 6 tweets
Dec 14, 2022
Councillor Barrett claimed that a barrister wearing a t-shirt with a (non-sexual) slogan exemplified a “cultural problem at the criminal bar”.

When asked to explain, he posted an unrelated report of sexual abuse and accused me of endorsing “a culture of sexual objectification.”
I wouldn’t normally engage with this sort of silliness, but Councillor Barrett - he of the reliably inaccurate pro-government “legal analyses” in The Spectator - is making false claims capable of seriously damaging reputations, which cannot be ignored.
For the record, I have repeatedly called out and criticised the record of the Bar (not just the Criminal Bar) in its attitudes towards sexual misconduct, and in particular the soft disciplinary regime (see @CrimeGirI’s excellent campaign).

I’ll take no lectures from Mr Barrett.
Read 4 tweets
Dec 4, 2022
Quite right.

As Andrew’s employer has shown, the correct mode of address for judges is “Enemy of The People”. Image
In the meantime, this “PC Wokery” sounds like a dangerous cad. I hope his sergeant yanks him into line before he infects anybody else. Image
(Explainer for anybody curious about thicko @toryboypierce’s moronising: judges in certain lower courts are now to be addressed as “judge”, on the woke basis that they are, well, judges. In Crown Courts, they will still be Your Honour. In High Court and above, still My Lord/Lady) Image
Read 6 tweets
Nov 22, 2022
Ooh, shall we talk “irresponsible”, @DominicRaab?

Because I wonder if our definitions differ.

Irresponsible, to me, is supporting the chronic defunding of criminal justice during your entire spell as a Parliamentarian.

And of course, there’s more. 🧵

bbc.co.uk/news/uk-politi… Image
Irresponsible is cutting 21,000 police officers and a quarter of Crown Prosecutors. Meaning it often takes around two years - at least - simply for a suspect to be charged.

Meaning that potentially dangerous people are free to roam the streets.

@DominicRaab
Irresponsible is selling off nearly half the court estate, meaning that people have to travel for hours to their local court (and so many simply don’t). It means witnesses and victims are deterred from the outset.

@DominicRaab
Read 12 tweets
Oct 26, 2022
Dominic Raab:

The Greatest Hits 💽💽💽

In his most recent spell as Justice Secretary, @DominicRaab achieved the following: 🧵
1. Dominic Raab created a record backlog in the Crown Courts by continuing his predecessors’ chronic underfunding of the criminal justice system.

His “plan” to reduce the backlog was ridiculed by fellow MPs as “meagre”, as it would still leave people waiting years for a trial.
2. Dominic Raab ignored his own government’s independent report into criminal legal aid, refusing to implement the urgent funding that the report said was needed “as soon as possible” to prevent the system collapsing. theguardian.com/commentisfree/…
Read 10 tweets

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