the barrister
#32
ESSENTIAL READING FOR BARRISTERS
Est. 1999
7th april - 25th may 2007 www.barristermagazine.com
EASTER TERM ISSUE
A programme for the future success of the profession I believe in three guiding principles for the Bar.
Against background
APPOINTMENTS – 13 JUDICIAL A QUIET REVOLUTION
of
these
of the publicly and the privately funded Bar, and
it is instructive to
of the employed and self-employed Bars, must
review
work together as equals to preserve and enhance
objectives
the success of our profession.
2007 to see what
April saw the first anniversary of the Judicial Appointments Commission, the new, independent body set up to select candidates for judicial appointment in England and Wales.
principles, my
ISSN 1468-926X
Features
the
First, we must be a united profession. Members
PRICE £3.00
main
JAC Chairman Baroness Usha Prashar reviews the Commission’s achievements to date.
for
progress has been Secondly, our guiding light must be high
made.
standards in terms of both quality and ethics.
•
BAR VOCATIONAL 16 THE COURSE: MONEY WELL
Negotiating a
SPENT?
stable foundation Thirdly, the Bar must be, and be perceived to be,
for publicly funded
accessible to entrants from all backgrounds.
advocacy. •
GEOFFREY VOS QC, Chairman - Bar Council
Dealing with the increasing competition
The profession must have renewed confidence in
from HCAs in both prosecution and defence
its own ability to produce the best advocacy. It will
work.
only survive and prosper if we adhere to these
•
principles, and make each of them a reality.
entrants from all backgrounds.
By Tom Cross, BVC Student
Making the Bar more accessible to
p.6
By Fiona Woolf, President, Law Society
Chancery Lane in January gave their unanimous support to a motion critical of the government's
Legal aid has been at the centre of the law
approach to the proposed reforms to legal aid.
Society’s concerns for a long time now. We are
This sent a very strong signal to policy makers
confronting the long term under-funding of an
that I was able to report to MPs later that same
impoverished legal aid system and the additional
day when giving evidence to the Constitutional
threats posed by the government's foolhardy
Affairs Select Committee.
The SGM highlighted the strength of feeling among All involved in legal aid are caught up in a
both legal aid solicitors and the wider profession
maelstrom of hurried consultations on proposals
about the Governments plans. The Law Society
whose
The
wants the same result as all the solicitors who
Government is running major risks and if, as I
attended the meeting – a sustainable future for
believe, they are getting it wrong the price will be
legal aid and a commitment to the concept of
paid by the most vulnerable and needy members
access to justice to protect vulnerable clients.
of Society
The Society will continue to fight for
is
unknown.
that objective with all urgency. The 400 solicitors who attended the SGM at
The Criminal Defence Services Act reintroduced the means-testing of legal aid for criminal cases. It took effect in the Magistrates’ Court in October 2006 and is expected to be introduced into the Crown Court at the end of 2007. By Dr Peter Kenway, Director, New Policy Institute
News
timetable for changes to the legal system.
effect
IS THE REINTRODUCTION 38 WHY OF MEANS-TESTING FOR CRIMINAL LEGAL AID SUCH A CAUSE FOR CONCERN?
What Price Justice?
compound
I suspect that a significant number of those who sit on pupillage interview panels would openly state that a candidate’s performance on the Bar Vocational Course, or ‘BVC’, is one of the least important factors that are considered in determining applications
p.18 Tougher penalties for misuse of personal data p.19 LSC proposal for Family Graduated Fees: Some improvement but still major concerns, say LAPG Editor: Nigel Simmonds 0870 766 2715 email: info@barristermagazine.com Publishers: Media Management Corporation Ltd Publishing Director: Derek Payne
p.3
Design and Production: Alan Pritchard Cambridge Printing Park Tel: 01223 423000