Why legal aid reforms must be stopped, Exhibit A: the "child pornographer"

Innocent people could be in jail if proposed changes to the legal system are implemented. Here is one of them.

This blog seeks to expose some of the myths about our present criminal justice system, myths that have risen to prominence again following publication of the Ministry of Justice (MOJ) consultation paper Transforming legal aid. Myths that have been fed to the media, and the public, by the MOJ.

First, I covered the myth of  the “fat cat” lawyer. Then I went onto the myth of the “scumbag criminals” and I promised to tell you about a few of my husband’s clients. Not the proper scumbag criminals that you read about in the press, but the ones whose stories don’t often get told. The ones who are victims of police and Crown Prosecution Service (CPS) blunders and this finger pointing, blame gaming society that we now live in. These are the people who, under the proposed changes to our criminal justice system, would probably be advised to plead guilty and end up with a criminal record and possibly serving time.

NB this is a true story. Certain details that don’t relate to the factual and legal process have been changed to protect those who were involved.

In the beginning

Exhibit A was a retired man, in his early 70s. Married for over 40 years. Never been in trouble with the police in his life. He’d kept up with technological developments was something of a “silver surfer”. He had a laptop and enjoyed using the internet for pursuing his hobbies and keeping in touch with his family and friends.

One day his laptop wasn’t functioning as it should do. He took it to his local computer repair shop. The geeks there went to work. In the course of their work they found a number of images of naked children. As all law abiding, paedophile paranoid citizens would do, they called the police. Let’s face it, who isn’t paranoid these days, when we read so much about paedophiles on every street corner? The police came and had a look at the images. They took the laptop away and made written descriptions of the content of each of the images.  Exhibit A, a bewildered old man, was arrested and taken away for questioning.

Interviewed & charged

The interview transcript shows that the police kept saying to him “you’ve got child porn on your laptop” and he kept saying “no, I haven’t!”.  “You’ve got pictures of naked children, posing provocatively with each other” “no, I haven’t, I don’t know what you are talking about”.  The written descriptions of the images were passed to the CPS. On the basis of these written descriptions, Exhibit A was charged with possession of level 1 child pornography. Level 1 is the lowest level, it does not involve sexual activity but must involve provocative and sexual poses. Because he had never been in trouble in his life and wasn’t thought to be dangerous he was bailed on condition that he wasn’t alone with any children. He went home.

Exhibit A knew he was innocent. But he also knew that, despite what they say, most people believe people are “guilty until proven innocent”, particularly in this age of paedophile paranoia and hysteria. He didn’t want his friends and neighbours to find out and ostracise him, or worse. Because he couldn’t see his beloved grandchildren alone he made up a lot of cock and bull stories over the next few months, to avoid having to tell people what has going on.

A provocative bucket

One evening, a few months later, I was at home with my husband. He was quietly working at the kitchen table, surrounded by piles of paper. I was pottering. The radio was on in the background. I didn’t know what he was working on, often he doesn’t tell me until or unless it starts kicking off.

Suddenly, he shouted “a bucket! What is “provocative” about a f*&$ing bucket?”. I didn’t know either and asked him to explain. It turned out that he was working on yet another child pornography case, that of Exhibit A. He was reading from the police description of one the pictures, the descriptions that had been passed to the CPS, the descriptions on which the CPS had made the decision to charge. The pictures themselves weren’t in the file. The descriptions were certainly sinister, but the bucket was incongruous. Something wasn’t quite right. My husband said “I need to see these pictures”. He emailed the solicitor and asked him to request access to them. Over the next few weeks the request was repeated. My husband became angrier as time passed.

His day in court

The day of the trial came round. As is customary, my husband linked up with his opposite number, the in house CPS barrister. The prosecutor asked if Exhibit A was going to change his plea to “guilty”. “Not till I’ve seen the pictures!” said my husband.  Eventually the police produced the pictures and the two barristers went off to have a look at them. Until this point the CPS barrister hadn’t seen them either. The two barristers looked at each other. They didn’t need to say a word.

My husband went to find his client. He gave a reasonable, measured, description of the photos, omitting the sinister overtones that the police had given them. The pictures were of young children in a garden on a hot summer’s day, playing with water pistols, hoses, buckets, paddling pools, balls etc. It looked like they are having a whale of a time, running about, splashing, laughing, smiling and shrieking. The children are all naked. He asked Exhibit A if he knew anything about them. “Oh yes” he replied “they are my grandchildren!”. The police written description was so far away from reality that Exhibit A had not been able to recognise his own photos. It transpired that the grandchildren had all come over to visit him and his wife one day. It had turned out very hot and the children had all ended up playing with water outside. As we all know, you can’t predict the British weather so they’d not brought their swimmers. That was why they were naked.

In court the Crown offered no evidence. The case was closed. Exhibit A went home a free man.

Why this story should matter to you

  1. Finger pointing – Exhibit A’s nightmare began because someone pointed the finger. This happens ALL THE TIME these days. We could all fall victim to it. For anything. From child pornography to giving someone a bop on the nose.
  2. Police & CPS inadequacies – these don’t have to be deliberate. We can all be a bit overzealous, or have a bad day, forget to double check something, suffer a lapse in judgement etc. and often it won’t have serious consequences. In Exhibit A’s case these factors combined to mean that all that stood between him and a prison cell was his lawyer.
  3. Cost to the public purse – much has been made of the MOJ plans to save £200m from the legal aid budget, never mind that these calculations are based on out of date figures and fundamentally flawed. How much do you think that Exhibit A’s case cost the taxpayer? Not just in legal aid, but in police time, CPS time, court time. Multiply that by the number of spurious and nonsensical prosecutions that happen every year.
  4. Other costs – what about the costs that can’t be measured? The costs to Exhibit A’s emotional and physical health. The costs to his family relationships.
  5. What if this happened to you? Or to your grandson, son, brother, father, uncle, grandfather? Would you want them to be able to choose the lawyer who is going to give the best quality service and act in his best interests? Or, as per the MOJ plans, be allocated the services of a lawyer who just happened to be the cheapest?

Help save our justice system

As things stand the proposed changes to the criminal justice system are going to be brought in under secondary legislation, without any debate. The minister responsible has refused to meet with Michael Turner QC, Chairman of the Criminal Bar Association to discuss the proposals. The media appear to be keeping the story very quiet, or conflating it with other MOJ proposals.

The Save UK Justice e-petition needs 100 000 people to sign it in order for there to be a debate in parliament. If you have not already signed the petition please do so, and ask your friends and family to do the same.

This piece is part of a series of posts exhibiting people at risk due to legal aid changes. It is cross-posted with permission from the A Barrister's Wife blog.

Photograph: Getty Images

Barrister's Wife is a barrister's wife. She writes a pseudonymous blog which offers a behind closed doors view of the justice system.

Nigel Farage and Paul Nuttall. Photo: Getty
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Nigel Farage and Douglas Carswell don’t need to stand again as MPs – they’ve already won

I just loathe these people. I want to see them humiliated. 

We’re a week in to the campaign, and it’s clear that the 2017 election is going to be hell on toast. The polls show the Tories beating Labour in Scotland (for the first time in a generation) and Wales (for the first time in a century). The bookies put the chances of a Labour majority at around 20/1, odds that are striking mainly because they contain just one zero.

The only element of suspense in this election is whether Theresa May will win a big enough majority to keep Labour out of power for a decade, or one big enough to keep it out for an entire generation. In sum: if you’re on the left, this election will be awful.

But there was one bright spot, a deep well of Schadenfreude that I thought might get us through: the campaign would provide plentiful opportunities to watch the people who got us into this mess be humiliatingly rejected by the electorate yet again.

After all, Ukip’s polling numbers have halved since last summer and the party has fallen back into fourth place, behind the pro-European Lib Dems. Nigel Farage has failed to become an MP seven times. It thus seemed inevitable both that Farage would stand, and that he would lose. Again.

If the vexingly popular Farage has never made it to parliament, the odds that his replacement as Ukip leader, Paul Nuttall (the Walter Mitty of Bootle), would manage it seemed minimal. Ukip may have won last year’s referendum; that did not mean its leaders wouldn’t still lose elections, preferably in the most embarrassing way possible.

The true highlight of the election, though, promised to be Clacton. The Essex seaside town is the only constituency ever to have returned a Ukip candidate at a general election, opting to let the Tory defector Douglas Carswell stay on in 2015. But Carswell’s libertarian belief that Brexit was definitely not about immigration always seemed an odd fit with Ukip, and he left the party in March. In the upcoming election, he seemed certain to face a challenge from the party’s immigration-obsessed donor Arron Banks.

The Clacton election, in other words, was expected to serve as a pleasing metaphor for Ukip’s descent back into irrelevance. The libertarians and nativists would rip chunks out of each other for a few weeks while the rest of us sniggered, before both inevitably lost the seat to a safe pair of Tory hands. This election will be awful, but Clacton was going to be brilliant.

But no: 2017 deprives us of even that pleasure. Carswell has neatly sidestepped the possibility of highlighting his complete lack of personal support by standing down, with the result that he can tell himself he is quitting undefeated.

Carswell has always stood apart from Ukip but on this matter, at least, the party has rushed to follow his lead. Arron Banks spent a few days claiming that he would be running in Clacton. Then he visited the town and promptly changed his mind. At a press conference on 24 April, Paul Nuttall was asked whether he planned to stand for a seat in Westminster. Rather than answering, he locked himself in a room, presumably in the hope that the journalists outside would go away. Really.

As for Farage, he seems finally to have shaken his addiction to losing elections and decided not to stand at all. “It would be a very easy win,” he wrote in the Daily Tele­graph, “and for me a personal vindication to get into the House of Commons after all these years of standing in elections.” He was like an American teenager assuring his mates that his definitely real Canadian girlfriend goes to another school.

Why does all of this bother me? I don’t want these people anywhere near Westminster, and if they insisted on standing for a seat there would be at least the chance that, in these febrile times, one of them might actually win. So why am I annoyed that they aren’t even bothering?

Partly I’m infuriated by the cowardice on show. They have wrecked my country, completely and irrevocably, and then they’ve just legged it. It’s like a version of Knock Down Ginger, except instead of ringing the doorbell they’ve set fire to the house.

Partly, too, my frustration comes from my suspicion that it doesn’t matter whether Ukip fields a single candidate in this election. Theresa May’s Tories have already assimilated the key tenets of Farageism. That Nigel Farage no longer feels the need to claw his way into parliament merely highlights that he no longer needs to.

Then there’s the fury generated by my lingering sense that these men have managed to accrue a great deal of power without the slightest hint of accountability. In the south London seat of Vauxhall, one of the most pro-Remain constituencies in one of the most pro-Remain cities in the UK, the Labour Leave campaigner Kate Hoey is expected to face a strong challenge from the Liberal Democrats. Even Labour members are talking about voting tactically to get their hated MP out.

It remains to be seen whether that campaign succeeds but there is at least an opportunity for angry, pro-European lefties to register their discontent with Hoey. By contrast, Farage and his henchmen have managed to rewrite British politics to a degree that no one has achieved in decades, yet there is no way for those who don’t approve to make clear that they don’t like it.

Mostly, though, my frustration is simpler than that. I just loathe these people. I want to see them humiliated. I want to see them stumble from gaffe to gaffe for six weeks before coming fourth – but now we will be deprived of that. Faced with losing, the biggest names in Ukip have decided that they no longer want to play. And so they get to win again. They always bloody win. 

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Daniel Hannan. You can find him on Twitter or Facebook.

This article first appeared in the 27 April 2017 issue of the New Statesman, Cool Britannia 20 Years On

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