The interior of the Old Bailey criminal court in London in May 1910. (Photo: Topical Press Agency/Getty Images)
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The decline of the British trial

Once, UK courts were full of reporters and members of the public. Now, with the exception of rare spectacles, the press and public benches are usually empty – and we are all poorer for it.

“What thrill at the theatre or cinema compares with the excitement of attending a criminal trial, of beholding in the flesh the man or woman who may be guilty of some secret or bloody deed, and watching, half fearful, half shrinking, the great game played by judge and counsel with the accused’s life as stake?” So wrote Harry Hodge in his introduction to the first edition of Penguin’s Famous Trials series, launched in 1941 at the height of the Second World War.

The trials Hodge chose to introduce the series were of notorious cases from the preceding several decades: Madeleine Smith, the 21-year-old Scottish beauty charged in 1857 at the high court in Edinburgh with poisoning her lover; Dr Crippen, accused in 1910 of murdering his wife and fleeing the country with his lover, Ethel Le Neve, disguised as a boy. “All Great Britain was agitated over the trial,” wrote Hodge of the Smith case, which ended in the Scots law verdict of “not proven”.

By the time of the fifth edition of the series, in 1955, with the price now raised from a florin to half a crown, Hodge’s son James, the new editor, wrote that “the real murders described in this book are even more horrifying that those usually found between Penguin green covers”. They included that of Neville Heath, the sadistic killer of two young women in the immediate postwar period, and of George Lamson, a doctor who was hanged for poisoning a relative with a slice of Dundee cake to secure his share of an inheritance. “Factual and unbiased accounts of criminal trials broaden our outlook and give us fleeting glimpses of other modes of life,” wrote Hodge junior.

Heath’s trial in 1946 was such a hot ticket that people queued all night under blankets outside the Old Bailey in London for admission to the 30 seats in the public gallery, as if it were Wimbledon.

In some ways, the opening days last month of the Old Bailey trial of Rebekah Brooks, Andy Coulson and others, all pleading not guilty to charges related to the News of the World phone-hacking affair, were just like old times: the crowds, the queues, the bustle and excitement. Seventy journalists, representing all the British press, not to mention Al Jazeera, El Confidencial, and the Wall Street Journal, were on hand to report. Curious onlookers hung around in the street outside, gazing at all the frantic activity. But this was very much a throwback to another era.

When I first started covering criminal trials in the early 1970s, long queues were still common for high-profile murder cases. The public gallery would be full, people craning their necks to see the accused brought up from the cells. Today many murder trials take place without a single person in the press box or a single member of the public in the gallery.

So, whatever happened to British trials and why do they often pass us by unnoticed, except for the opening day’s prosecution case and the jury’s verdict?

One reason is that before daytime television the warm, centrally heated public galleries of courts provided the enthralling – and free – entertainment of which Harry Hodge wrote so enthusiastically. What could be a more absorbing way of spending a day than seeing the accused in a murder or kidnap case being cross-examined by a scathing QC (or, previously, KC) or sentenced by an unforgiving judge? But now, with a hundred television channels offering entertainment that blurs the lines between real and fictional crime, why bother to leave the house?

The other major reason for the decline of trials in the public consciousness is that the press no longer stimulates interest in them by sustained coverage. When there were three London evening papers with a total circulation of more than two million, trials accounted for a significant section of the news in the capital. A major murder case would lead to increased circulation.

An important factor in the interest in a murder trial was that cases could end with the judge donning his black cap and proclaiming that the accused be taken from this place and hanged by the neck until he was dead. The former editor of the Evening News Lou Kirby once told me that the abolition of hanging in 1965 significantly decreased interest in such trials. But even after Albert Pierrepoint had hung up his noose, with its 450 notches in it, there was still a healthy interest in and coverage of murder trials in the national press.

When Rosemary West stood trial in Winchester in 1995, charged with the murders of ten young women, every national paper had a reporter in court every day. Such was the demand for press seats that we were informed by court officials at the start of the trial that if we failed to turn up for a single session, we would forfeit our seat for the entire trial. The Times had two full-time reporters there and some papers regularly sent in their “colour” writers so that they could stare at West for a moment or two and tell their readers that they had “locked eyes with the face of evil”. There were no fewer than five authors – Gordon Burn, Andrew O’Hagan, Howard Sounes, Brian Masters and Geoffrey Wansell – also present. An overspill court had to be provided to hear the opening address from a smart, up-and-coming prosecuting counsel called Brian Leveson.

But the days when criminal trials were reported in detail have ended. Forty years ago, there were seven Press Association reporters at the Old Bailey, while the Mail, Express, Times and Telegraph all had staffers there. Now there are only two PA staffers and no national paper still has a dedicated reporter there, the last incumbent being the Telegraph’s admirable Sue Clough. Like much of the press, they have switched their attention to greater coverage of celebrities – a mere tweet being enough to justify a story and an accompanying photograph – without the bother of time-consuming staff absence from the office. Few papers can still afford to dedicate a reporter to cover court cases in anything more than a sketchy fashion and too often the court report you read will have been written by a hard-pressed but uncredited agency reporter. Much of the detail, in which the devil operated, has been lost.

“The glory days are certainly over,” said one veteran reporter in the press room in the bowels of the Old Bailey in late September, when I visited the court. A significant murder trial with nine defendants in the dock was kicking off, the jury sworn, but there was little interest from the national media. Experienced court reporters shake their heads sadly and regret the drift.

“Newspapers and broadcasters are so driven by focus groups and marketing surveys that they have lost sight of what news actually is,” says Guy Toyn, director of Court News, Britain’s only specialist court agency. “When we publish material on our website, we often get responses like, ‘Why haven’t we seen this in a national newspaper?’ The fact is people are still absolutely fascinated by the dark and surreal side of life that is only ever revealed in court stories . . . For a regional newspaper, it is easier and cheaper for them to rewrite a company press release than actually dig out a great story – or to pay someone to do it for them.”

Local newspapers, also now a dying breed throughout Britain, relied on the courts as a staple of their coverage, a role noted approvingly by the judiciary. As Lord Denning wrote in The Road to Justice in 1955, “a newspaper reporter is in every court. He sits through the dullest cases in the court of appeal and the most trivial cases before the magistrates. He says nothing but he writes a lot. He is, I verily believe, the watchdog of justice.” No more.

Currently more than 1.5 million cases make their way through the 330 magistrates courts of England and Wales every year and around 130,000 cases through the 91 crown courts. Who notices? In Scotland, there are attempts to cut the number of courts to save money, which has met resistance; Sheriff Kevin Drummond told the Scottish Parliament’s justice committee: “I do not care whether the court is conducted in the back of a large furniture van; it should go to rural locations.” Quite right.

This is an international issue, too. Ed Vulliamy, in his haunting book about the aftermath of the Balkan conflict, The War is Dead, Long Live the War, noted that, when the stories of the appalling atrocities visited on the Bosnians were rehearsed in front of the International Criminal Tribunal in the Hague, “the public and press galleries were often empty”.

It was the Scottish lawyer William Roughead, who recognised the importance of the trial in society and pioneered its coverage. Joyce Carol Oates has acknowledged this in the New York Review of Books: “Roughead’s influence was enormous and, since his time, ‘true crime’ has become a crowded, flourishing field, though few writers of distinction have been drawn to it . . . his accounts of murder cases and trials have the advantage of being concise and pointed, like folk tales.”

So, perhaps it should be no surprise that Scotland has pioneered the televising of trials. This summer, the Scottish courts authorised the televising of a murder trial, shown on Channel 4. The retrial of Nat Fraser, for the 1998 murder of his wife, Arlene, was filmed with the (eventual) permission of the participants over a period of six weeks at the High Court in Edinburgh.

England and Wales followed suit this October and the filming of legal arguments and the final judgments at the Court of Appeal are now allowed. “Justice must be seen to be done,” said the then courts minister, Helen Grant, announcing the move. The next step will be the filming of the sentencing process in crown courts, although “victims, witnesses, offenders and jurors will . . . not be part of broadcasts.”

The media organisations that use filmed court proceedings will supposedly cover the costs. This will not solve anything. As Helena Kennedy QC has written: “Voyeurism and money is behind this agenda and the justice system will not be the beneficiary.”

Nick Davies, the reporter who put in heroic work on the phone-hacking scandal, has written in the Guardian that criminal and civil courts “are probably the most productive single sources of stories in this country”. He is right. A morning in a magistrate’s court will tell you more about the state of the nation in terms of education, class, family, employment, immigration, consumerism, honesty, addiction to drink and drugs, sexual politics, housing, health and alienation than a dozen think-tank reports.

During the Olympics last year, I reported for the Guardian from the special court set up to deal with offenders arrested in connection with the Games. The court became a microcosm of world attitudes to the whole business of the Olympics and sport but it was almost empty of press or public. One case I covered was that of a Lithuanian man arrested for making Nazi salutes and monkey noises during his country’s basketball game with Nigeria; his puzzled defence was that this was perfectly normal behaviour where he came from and no one had ever complained before.

I also reported from Edinburgh’s Sheriff Court during the Festival there last year. What emerged was a portrait of a society where drink and drugs were the almost inevitable lubricant of social and criminal life. “No drink was involved,” said the prosecutor in one case, adding “unusually for this court”. Again I was alone in the press gallery in three different courts, where once would have been reporters from the Evening News and the (now defunct) Evening Dispatch.

Not for nothing has the trial formed such a key part of our film and television lives, from films such as Witness for the Prosecution back in 1957 to those 250 episodes of Crown Court that ran between 1972 and 1985. Neither is it a coincidence that so many of our most eloquent politicians come from a background in the courts, where an ability to charm and convince are important.

The late Labour leader John Smith, who had been an admired criminal advocate, was once said – and I hope this story is true because I have told it a few times – to have gone below court to express his regret to a client who, despite Smith’s best efforts, had been convicted. “Don’t worry,” said the defendant, albeit in dialect, “you were so good, I almost believed you myself.”

I am always amazed when someone says that they have never attended a trial. When friends come to London from abroad, I often encourage them to visit the Old Bailey or the Royal Courts of Justice, which seem just as vital to an understanding of the country as Tate Modern or Hyde Park. Does it matter? Yes, it does. Partly for the old reason (see above) that “justice not only has to be done, it has to be seen to be done” – or, as J B Morton wickedly added, “has to be seen to be believed”. But also because trials are essential to our understanding of how our society operates.

In the oft-quoted words of Lord Atkinson, in his judgment in Scott v Scott, in 1913, “the hearing of a case in public may be, and often is, no doubt, painful, humiliating, or deterrent both to parties and witnesses . . . but all this is tolerated and endured because it is felt that in the public trial is to be found, on the whole, the best security for the pure, impartial and efficient administration of justice, the best means of winning for it public confidence and respect”.

To win that respect, the criminal justice system has to smarten up its act. There are far too many interruptions for legal arguments that could have been dealt with by email prior to the trial; far too many delays because a defendant has been brought late to court by whatever lackadaisical private security company has the job that week; far too many sighing judges because barristers or advocates arrive in court unbriefed.

Next year will be the 100th anniversary of the writing of Franz Kafka’s great novel The Trial, (although it was not published for a further decade). How fitting for the memory of Josef K if we were once again to take seriously the trial as a legal process that directly or indirectly affects the lives of millions of us, costs us billions of pounds a year, both in terms of its actual processes and its consequences behind the bars of our jails, but that now receives far too little attention. Time to halt the decline of the British trial.

Duncan Campbell is a former crime correspondent for the Guardian

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Why Jeremy Corbyn is a new leader for the New Times

In an inspired election campaign, he confounded his detractors and showed that he was – more than any other leader – in tune with the times.

There have been two great political turning points in postwar Britain. The first was in 1945 with the election of the Attlee government. Driven by a popular wave of determination that peacetime Britain would look very different from the mass unemployment of the 1930s, and built on the foundations of the solidaristic spirit of the war, the Labour government ushered in full employment, the welfare state (including the NHS) and nationalisation of the basic industries, notably coal and the railways. It was a reforming government the like of which Britain had not previously experienced in the first half of the 20th century. The popular support enjoyed by the reforms was such that the ensuing social-democratic consensus was to last until the end of the 1970s, with Tory as well as Labour governments broadly operating within its framework.

During the 1970s, however, opposition to the social-democratic consensus grew steadily, led by the rise of the radical right, which culminated in 1979 in the election of Margaret Thatcher’s first government. In the process, the Thatcherites redefined the political debate, broadening it beyond the rather institutionalised and truncated forms that it had previously taken: they conducted a highly populist campaign that was for individualism and against collectivism; for the market and against the state; for liberty and against trade unionism; for law and order and against crime.

These ideas were dismissed by the left as just an extreme version of the same old Toryism, entirely failing to recognise their novelty and therefore the kind of threat they posed. The 1979 election, followed by Ronald Reagan’s US victory in 1980, began the neoliberal era, which remained hegemonic in Britain, and more widely in the West, for three decades. Tory and Labour governments alike operated within the terms and by the logic of neoliberalism. The only thing new about New Labour was its acquiescence in neoliberalism; even in this sense, it was not new but derivative of Thatcherism.

The financial crisis of 2007-2008 marked the beginning of the end of neoliberalism. Unlike the social-democratic consensus, which was undermined by the ideological challenge posed by Thatcherism, neoliberalism was brought to its knees not by any ideological alternative – such was the hegemonic sway of neoliberalism – but by the biggest financial crisis since 1931. This was the consequence of the fragility of a financial sector left to its own devices as a result of sweeping deregulation, and the corrupt and extreme practices that this encouraged.

The origin of the crisis lay not in the Labour government – complicit though it was in the neoliberal indulgence of the financial sector – but in the deregulation of the banking sector on both sides of the Atlantic in the 1980s. Neoliberalism limped on in the period after 2007-2008 but as real wages stagnated, recovery proved a mirage, and, with the behaviour of the bankers exposed, a deep disillusionment spread across society. During 2015-16, a populist wave of opposition to the establishment engulfed much of Europe and the United States.

Except at the extremes – Greece perhaps being the most notable example – the left was not a beneficiary: on the contrary it, too, was punished by the people in the same manner as the parties of the mainstream right were. The reason was straightforward enough. The left was tarnished with the same brush as the right: almost everywhere social-democratic parties, albeit to varying degrees, had pursued neoliberal policies. Bill Clinton and Tony Blair became – and presented themselves as – leaders of neoliberalism and as enthusiastic advocates of a strategy of hyper-globalisation, which resulted in growing inequality. In this fundamental respect these parties were more or less ­indistinguishable from the right.

***

The first signs of open revolt against New Labour – the representatives and evangelists of neoliberal ideas in the Labour Party – came in the aftermath of the 2015 ­election and the entirely unpredicted and overwhelming victory of Jeremy Corbyn in the leadership election. Something was happening. Yet much of the left, along with the media, summarily dismissed it as a revival of far-left entryism; that these were for the most part no more than a bunch of Trots. There is a powerful, often overwhelming, tendency to see new phenomena in terms of the past. The new and unfamiliar is much more difficult to understand than the old and familiar: it requires serious intellectual effort and an open and inquiring mind. The left is not alone in this syndrome. The right condemned the 2017 Labour Party manifesto as a replica of Labour’s 1983 manifesto. They couldn’t have been more wrong.

That Corbyn had been a veteran of the far left for so long lent credence to the idea that he was merely a retread of a failed past: there was nothing new about him. In a brilliant election campaign, Corbyn not only gave the lie to this but also demonstrated that he, far more than any of the other party leaders, was in tune with the times, the candidate of modernity.

Crises, great turning points, new conjunctures, new forms of consciousness are by definition incubators of the new. That is one of the great sources of their fascination. We can now see the line of linkage between the thousands of young people who gave Corbyn his overwhelming victory in the leadership election in 2015 and the millions of young people who were enthused by his general election campaign in 2017. It is no accident that it was the young rather than the middle-aged or the seniors who were in the vanguard: the young are the bearers and products of the new, they are the lightning conductors of change. Their elders, by contrast, are steeped in old ways of thinking and doing, having lived through and internalised the values and norms of neoliberalism for more than 30 years.

Yet there is another, rather more important aspect to how we identify the new, namely the way we see politics and how politics is conceived. Electoral politics is a highly institutionalised and tribal activity. There have been, as I argued earlier, two great turning points in postwar politics: the social-democratic era ushered in by the 1945 Labour government and the neoliberal era launched by the Tory government in 1979.

The average Tory MP or activist, no doubt, would interpret history primarily in terms of Tory and Labour governments; Labour MPs and activists would do similarly. But this is a superficial reading of politics based on party labels which ignores the deeper forces that shape different eras, generate crises and result in new paradigms.

Alas, most political journalists and columnists are afflicted with the same inability to distinguish the wood (an understanding of the deeper historical forces at work) from the trees (the day-to-day manoeuvring of parties and politicians). In normal times, this may not be so important, because life continues for the most part as before, but at moments of great paradigmatic change it is absolutely critical.

If the political journalists, and indeed the PLP, had understood the deeper forces and profound changes now at work, they would never have failed en masse to rise above the banal and predictable in their assessment of Corbyn. Something deep, indeed, is happening. A historical era – namely, that of neoliberalism – is in its death throes. All the old assumptions can no longer be assumed. We are in new territory: we haven’t been here before. The smart suits long preferred by New Labour wannabes are no longer a symbol of success and ambition but of alienation from, and rejection of, those who have been left behind; who, from being ignored and dismissed, are in the process of moving to the centre of the political stage.

Corbyn, you may recall, was instantly rejected and ridiculed for his sartorial style, and yet we can now see that, with a little smartening, it conveys an authenticity and affinity with the times that made his style of dress more or less immune from criticism during the general election campaign. Yet fashion is only a way to illustrate a much deeper point.

The end of neoliberalism, once so hegemonic, so commanding, is turning Britain on its head. That is why – extraordinary when you think about it – all the attempts by the right to dismiss Corbyn as a far-left extremist failed miserably, even proved counterproductive, because that was not how people saw him, not how they heard him. He was speaking a language and voicing concerns that a broad cross-section of the public could understand and identify with.

***

The reason a large majority of the PLP was opposed to Corbyn, desperate to be rid of him, was because they were still living in the neoliberal era, still slaves to its ideology, still in thrall to its logic. They knew no other way of thinking or political being. They accused Corbyn of being out of time when in fact it was most of the PLP – not to mention the likes of Mandelson and Blair – who were still imprisoned in an earlier historical era. The end of neoliberalism marks the death of New Labour. In contrast, Corbyn is aligned with the world as it is rather than as it was. What a wonderful irony.

Corbyn’s success in the general election requires us to revisit some of the assumptions that have underpinned much political commentary over the past several years. The turmoil in Labour ranks and the ridiculing of Corbyn persuaded many, including on the left, that Labour stood on the edge of the abyss and that the Tories would continue to dominate for long into the future. With Corbyn having seized the political initiative, the Tories are now cast in a new light. With Labour in the process of burying its New Labour legacy and addressing a very new conjuncture, then the end of neoliberalism poses a much more serious challenge to the Tories than it does the Labour Party.

The Cameron/Osborne leadership was still very much of a neoliberal frame of mind, not least in their emphasis on austerity. It would appear that, in the light of the new popular mood, the government will now be forced to abandon austerity. Theresa May, on taking office, talked about a return to One Nation Toryism and the need to help the worst-off, but that has never moved beyond rhetoric: now she is dead in the water.

Meanwhile, the Tories are in fast retreat over Brexit. They held a referendum over the EU for narrowly party reasons which, from a national point of view, was entirely unnecessary. As a result of the Brexit vote, the Cameron leadership was forced to resign and the Brexiteers took de facto command. But now, after the election, the Tories are in headlong retreat from anything like a “hard Brexit”. In short, they have utterly lost control of the political agenda and are being driven by events. Above all, they are frightened of another election from which Corbyn is likely to emerge as leader with a political agenda that will owe nothing to neoliberalism.

Apart from Corbyn’s extraordinary emergence as a leader who understands – and is entirely comfortable with – the imperatives of the new conjuncture and the need for a new political paradigm, the key to Labour’s transformed position in the eyes of the public was its 2017 manifesto, arguably its best and most important since 1945. You may recall that for three decades the dominant themes were marketisation, privatisation, trickle-down economics, the wastefulness and inefficiencies of the state, the incontrovertible case for hyper-globalisation, and bankers and financiers as the New Gods.

Labour’s manifesto offered a very different vision: a fairer society, bearing down on inequality, a more redistributive tax system, the centrality of the social, proper funding of public services, nationalisation of the railways and water industry, and people as the priority rather than business and the City. The title captured the spirit – For the Many Not the Few. Or, to put in another way, After Neoliberalism. The vision is not yet the answer to the latter question, but it represents the beginnings of an answer.

Ever since the late 1970s, Labour has been on the defensive, struggling to deal with a world where the right has been hegemonic. We can now begin to glimpse a different possibility, one in which the left can begin to take ownership – at least in some degree – of a new, post-neoliberal political settlement. But we should not underestimate the enormous problems that lie in wait. The relative economic prospects for the country are far worse than they have been at any time since 1945. As we saw in the Brexit vote, the forces of conservatism, nativism, racism and imperial nostalgia remain hugely powerful. Not only has the country rejected continued membership of the European Union, but, along with the rest of the West, it is far from reconciled with the new world that is in the process of being created before our very eyes, in which the developing world will be paramount and in which China will be the global leader.

Nonetheless, to be able to entertain a sense of optimism about our own country is a novel experience after 30 years of being out in the cold. No wonder so many are feeling energised again.

This article first appeared in the 15 June 2017 issue of the New Statesman, Corbyn: revenge of the rebel

Martin Jacques is the former editor of Marxism Today. 

This article first appeared in the 15 June 2017 issue of the New Statesman, Corbyn: revenge of the rebel

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