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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5 things Labour has blamed for the Copeland by-election defeat

Other than Labour, of course. 

In the early hours of Friday morning, Labour activists in Copeland received a crushing blow, when they lost a long-held constituency to the Tories

As the news sank in, everyone from the leadership down began sharing their views on what went wrong. 

Some Labour MPs who had done the door knock rounds acknowledged voters felt the party was divided, and were confused about its leadership.

But others had more imaginative reasons for defeat:

1. Tony Blair

Shadow Chancellor John McDonnell told Radio 4’s Today programme that: “I don’t think it’s about individuals”. But he then laid into Tony Blair, saying: “We can’t have a circumstance again where a week before the by-election a former leader of the party attacks the party itself.”

2. Marginal seats

In a flurry of tweets, shadow Justice secretary Richard Burgon wanted everyone to know that Copeland was a marginal seat and always had been since it was created in 1983.

Which might be true, but most commentators were rather more struck by the fact Labour MPs had managed to overcome that marginality and represent the area for eighty years. 

3. The nuclear industry

In response to the defeat, Corbyn loyalist Paul Flynn tweeted: “Copeland MP is pro-nuclear right winger. No change there.” He added that Copeland was a “unique pro-nuclear seat”. 

In fact, when The New Statesman visited Copeland, we found residents far more concerned about the jobs the nuclear industry provides than any evangelical fervour for splitting atoms.

4. The political establishment

Addressing journalists the day after the defeat, Corbyn said voters were “let down by the political establishment”. So let down, they voted for the party of government.

He also blamed the “corporate controlled media”. 

5. Brexit

Corbyn's erstwhile rival Owen Smith tweeted that the defeat was "more evidence of the electoral foolhardiness of Labour chasing Brexiteers down the rabbit hole". It's certainly the case that Brexit hasn't been kind to Labour's share of the vote in Remain-voting by-elections like Richmond. But more than 56 per cent of Cumbrians voted Leave, and in Copeland the percentage was the highest, at 62 per cent. That's an awful lot of Brexiteers not to chase...

I'm a mole, innit.