Episode three makes Geeklawyer wish there were more than just four episodes to this series. The obsession with students abated somewhat in this episode and we actually got to see real barristers at play.
In some ways that wasn’t an altogether good thing. This weeks episode was partly focused on the changing face of the criminal bar. An hour program couldn’t hope to scratch the surface of what and why — the policy driven changes, so instead it just showed the differing lives of two criminal barristers on either sides of the widening chasm of criminal work at the Bar. On one side was Annie Evans who had taken her 30 pieces of silver to work in-house for the CPS and on the other was Dickie Bond (first seen in episode one).
Poor Dickie — probably the most charismatic of the barristers so far, since they didn’t follow Geeklawyer, is seen to bemoan his drop in income now that the CPS are redirecting their money to their newly acquired in-house barristers. His rather delightful children are seen frolicking at the bench of a Northern magistrates court on an Open Day. They were pretending to be magistrates and passing extreme sentences on the accused despite no understanding of the law and no coherent prosecution evidence. So, then, an uncannily accurate representation of real magistrate court life.
The CPS chief prosecutor in the Midlands, one David Blundell, was quoted on the changes as saying that the Bar needed to work in a competitive environment. His view was that it would have to get used to being “cheaper and quicker” The one adjective he conspicuously and tellingly failed to use was ‘better’. Geeklawyer feels that this was more than a mere accidental verbal slip and shoddy advocacy by a CPS lawyer (Who’d have thought that?). Rather, he thought it an unconscious expression of the values behind the in-house barristers of the CPS and their employers in the government: get everything done quickly and cheaply — quality work would be nice, but above all else make it cheap and fast.
Two nicely counterpointed scenes illustrated the difference between these diverging prosecuting colleagues: one was an encounter between independent barrister Dickie Bond in the robing room and the other was Annie Evans in a conference with her police colleagues.
In the robing room there was a full-on passive aggressive row between the mediocre defense barrister and our Dickie:
Defense Barrister: “are these additional evidence?” (Deep mocking bow by Dickie: i.e. ‘yes’)
Defense Barrister: “This no doubt assists me in what I need to do”
Dickie (to camera): “I anticipate a guilty plea change”.
Defense Barrister (overhearing discourse to camera): “you hope!”
Dickie (over shoulder): “because he’s stuffed”
Defense Barrister (whiney & defeated): “… reason why we are where we are is a tardy Crown … Can’t spend time discussing this nonsense — I need lunch” (Geeklawyer wondered whether criminal barristers ate lunch, surely they are too poor? Perhaps they scrape around in the bins behind the court?)
Dickie: “your client won’t think nonsense”
Defense Barrister: “my client needs [social lurve]’
To most this would sound an astonishingly tame dialogue, but for the robing room it was practically a knife fight, and most intriguing telly. The one thing you can say of the Criminal Bar is that while they may not be gentlemen at least they are not gentle men.
The wretched Annie Evans was held up as the vanguard of the Bar in-house at the CPS. Dear God, what a miserable image it was. We were told she is a barrister of some 24 years call. For all that, in a scene in the court, she seemed anxious to paint herself as some David against the Goliaths of the Criminal Bar: a weak, poor little state prosecutor against the overpowering wealth of lawyers for the defense. No doubt this angle would play well with David Blunkett, Jacqui Smith or any of the other authoritarian loons of Neo-Labour seeking to undermine the defences of the accused. One has to wonder what Ms Evans had spent her quarter of a century of working-life doing if combating such opponents was such a new and daunting experience. The reason became all too apparent later: she was a drongo.
The voice over told us Ms Evans earnings had dropped sharply since joining CPS but the benefits such as holiday pay & better briefings by ‘client’ justified it: yes, not at all defensive, we all believe you, really. And the fact that she was 50% cheaper meant she was determined, positively absolutely determined, to show justice was not compromised. Apparently this merely involved talking to victims in a Ruth Kelly style Basso Profundo voice and assuring them that all would be well. Superior advocacy and impartial case management didn’t get a mention. Of course, as the saying goes: “If you pay peanuts you get a monkey”. One can only hope Ms Annie Evans doesn’t throw shit through the bars too.
The down side of course, on the small matter of justice, was that while the Independent Bar was, mostly, treated with respect by prosecutors, their professionalism and skills at litigation management treated as unquestionable, the lot of the CPS Prosecution Monkey is very much a less happy one. We were treated to the sight of a ‘client’ conference where Annie was being second guessed and instructed in how to do her job by some toe-rag copper who asked questions such as: “Can you give us an idea of how you will use CCTV in cross examination? How much detail on CCTV […]”, Do you intend to do X with all defendants? How do you intend to use the schedule?”. Frankly, Geeklawyer utterly cringed with embarrassment at her public humiliation. Any independent barrister would have slapped the filth down with a curt “Thank you for your advocacy advice but I believe that you know how to catch criminals better than I and I know how to prosecute them better than you.” Annie obviously appreciated how bad this made her look. Her response to camera, when the dominant copper was nicely and safely out of earshot, was:
“At the Independent Bar the filth let you get on with the job. I could have been more abrupt and told the officer that the examination of witnesses in court was my business, but I don’t want to run it in such a dictatorial style, I want to be as co-operative as possible, but it has got in the way a bit, especially today”
Bully for you Annie “The Doormat” Evans, what a credit you are to the Bar. Still, best to do as you are told by your owners: I suppose when the filth want to withhold evidence from the defense you will also be as anxious to be co-operative and non-dictatorial?
Most astonishing was Ms Evans joy and breaking down, tears for fuck sake, on being rung by her owners from court to tell her that there had been a guilty plea. This was appallingly unprofessional: her job is one of disinterested prosecution rather than personal involvement. Without knowing Ms Evans Geeklawyer is, based on the film, of the view that she represents the typical in-house CPS lawyer: bottom of the barrel scrapings who failed at the Independent Bar and then have to eke out the best living that third-eleven candidates can in a hyper-competitive profession.
We also got to see the lot of the charming pupil Kakoly Pande as she approached tenancy: this next great hurdle to the profession has not got much attention from the program makers, in their inexorable quest to follow Bar students. Kakoly was shown in rather Dickensian digs, so limited was her pupillage income it was all she could afford, while still being expected to turn up at distant and apparently randomly changing Inner London magistrates courts on weird days. Of course, having had a pupillage, the lot of a 3rd six pupil is, while still tough, not so tough as for a pupillage candidate. Despite that it was heartwarming to see Kakoly finally get a tenancy.
Which leaves us to wonder what will happen in the final episode? Hopefully Cat will get a deserved pupillage. We discover that Annie goes off on a sponsored secondment to Canada. According to her Inn, this is to see how another Common Law jurisdiction works and to tell them how our profession works: though as someone without any legal experience beyond applying unsuccessfully for pupillages one had to wonder if this wasn’t a shade speculative. Still, she will at least be able to post flames on this blog review from Canada if she wishes. Someone in Canada is, Geeklawyer just wonders who?
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