Three things we have learned from the Huhne and Pryce Trial

What is significant about these two convictions for perverting the course of justice, asks David Allen Green.

"Marital coercion" has no place in a modern criminal justice system

In 1925, Parliament abolished the old common law rule that an offence committed by a wife in the presence of her husband is committed under the coercion of the husband. However, it was replaced with a statutory defence that "on a charge against a wife for any offence other than treason or murder it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband".

This defence was not open to husbands coerced by wives, or to unmarried women (still less to anyone in a civil partnership). Lawyers even disagreed on whether the burden of proof for invoking this defence was on the defence or the onus was on the prosecution to disprove. In this trial, the judge ruled that the onus was on the prosecution to disprove. But the wider issue remains: should this (undoubtedly discriminatory) defence even exist at all, when there is also a general (but less generous) defence of duress in English criminal law.

Juries should be allowed to ask basic questions

The jury in the first Pryce trial asked some fairly basic questions of the judge. Some pundits responded to this with ridicule. However, the defence of "maritial coercion" was not straightforward in either legal or evidential terms, and the jury was right to ask questions. After all, a jury asking questions is a sign of a legal system working.

Newspaper exclusives do not come easily

The publication of the email and other correspondence between Vicky Pryce on one hand and the Sunday Times and Mail on Sunday on the other will be a significant boon for students of media law and journalistic practice for a long time to come. Not only do we see an experienced journalist Isabel Oakeshott patiently negotiating with a changeable and sometimes manipulative source, we also see how newspapers offer legal guarantees and other comfort at each stage in tryng to get a story to publication. The whole correspondence should now be required reading for anyone wanting to understand where newspaper exclusives actually come from. Whether this correspondence should ever have been put before a court and enter the public domain will also now be an issue for media ethics debates.

David Allen Green is legal correspondent of the New Statesman.

Vicky Pryce. Photograph: Getty Images

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The private renting sector enables racist landlords like Fergus Wilson

A Kent landlord tried to ban "coloured people" from his properties. 

Fergus Wilson, a landlord in Kent, has made headlines after The Sun published his email to a letting agent which included the line: "No coloured people because of the curry smell at the end of the tenancy."

When confronted, the 70-year-old property owner only responded with the claim "we're getting overloaded with coloured people". The letting agents said they would not carry out his orders, which were illegal. 

The combination of blatant racism, a tired stereotype and the outdated language may make Wilson seem suspiciously like a Time Landlord who has somehow slipped in from 1974. But unfortunately he is more modern than he seems.

Back in 2013, a BBC undercover investigation found 10 letting agent firms willing to discriminate against black tenants at the landlord's request. One manager was filmed saying: "99% of my landlords don't want Afro-Caribbeans."

Under the Equality Act 2010, this is illegal. But the conditions of the private renting sector allow discrimination to flourish like mould on a damp wall. 

First, discrimination is common in flat shares. While housemates or live-in landlords cannot turn away a prospective tenant because of their race, they can express preferences of gender and ethnicity. There can be logical reasons for this - but it also provides useful cover for bigots. When one flat hunter in London protested about being asked "where do your parents come from?", the landlord claimed he just wanted to know whether she was Christian.

Second, the private rental sector is about as transparent as a landlord's tax arrangements. A friend of mine, a young professional Indian immigrant, enthusiastically replied to house share ads in the hope of meeting people from other cultures. After a month of responding to three or four room ads a day, he'd had just six responses. He ended up sharing with other Indian immigrants.

My friend suspected he'd been discriminated against, but he had no way of proving it. There is no centrally held data on who flatshares with who (the closest proxy is SpareRoom, but its data is limited to room ads). 

Third, the current private renting trends suggest discrimination will increase, rather than decrease. Landlords hiked rents by 2.1 per cent in the 12 months to February 2017, according to the Office for National Statistics, an indication of high demand. SpareRoom has recorded as many as 22 flat hunters chasing a single room. In this frenzy, it only becomes harder for prospective tenants to question the assertion "it's already taken". 

Alongside this demand, the government has introduced legislation which requires landlords to check that tenants can legitimately stay in the UK. A report this year by the Joint Council for the Welfare of Immigrants found that half of landlords were less likely to rent to foreign nationals as a result of the scheme. This also provides handy cover for the BTL bigot - when a black British tenant without a passport asked about a room, 58 per cent of landlords ignored the request or turned it down

Of course, plenty of landlords are open-minded, unbiased and unlikely to make a tabloid headline anytime soon. They most likely outnumber the Fergus Wilsons of this world. But without any way of monitoring discrimination in the private rental sector, it's impossible to know for sure. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.