Bar Chairman Warns of Threats to the Independence of the Legal Profession
25 April 2008
Criminal Bar Association Conference discusses the impact of forensic technology.
Bar Chairman Tim Dutton QC has tonight warned of threats to the independence of the legal profession.
Addressing the Criminal Bar Association conference in York, he said a shift in mind sets and attitudes was affecting the Bar’s ability as an independent profession to discharge its duties vigorously and independently, and he pointed to three factors driving this:
- politics becoming a career
- attacks on the professions
- spending cuts
Tim Dutton said:
‘Until relatively recently politicians had lives outside Parliament: with careers in medicine, law, teaching, business and so on. Now from an increasingly young age our “political class” is drawn from people who see politics as their career almost from university.
‘The fact that politics is now the “profession” which politicians pursue means that some are unable from personal experience or adherence to professional codes and training to understand the significance within society of professions such as ours, the essential requirement that each of the liberal professions must remain independent, strong, and free to exercise professional judgements in the best interests of those for whom they act.
He went on:
‘A combination of media excess and consumerism is creating an environment in which politicians and others attack the professions, and ours in particular.
‘The irony is that those who launch attacks upon the profession are also the people, who use it the most.’
He concluded:
‘The third influence is not just a desire to control expenditure – laudable in itself for us as taxpayers – but we have seen in recent years the use of expenditure controls to encroach upon our professional independence and judgement.’
Tomorrow, the conference will focus on forensic technology, the role of DNA trace testing, and forensic toxicology, among other issues. The two-day conference will also see a number of leading figures from the legal world discussing the future of the criminal bar, and the increasing importance of forensic evidence within criminal trials.
As science and technology become ever more developed, the deployment of forensic evidence within criminal trials is something which must be managed by juries and criminal barristers alike. The increased number of terrorist trials, many of which hinge on forensic evidence, and which are often Very High Cost Cases – the longest and most complex criminal cases - means that effective management of this type of evidence is a crucial part of a barrister’s abilities.
Sally O’Neill QC, Chairman of the Criminal Bar Association, speaking on the eve of the conference, said:
“The Criminal Bar deals with the consequences of crime on a daily basis; our practitioners are all experts in their fields, who have dedicated their careers to serving the public interest. We place significant emphasis on continuing professional development; our commitment to excellence at all levels of the profession encompasses the use of forensic evidence, which is a vital tool in many complex criminal trials.’
The Chairman of the Bar, Tim Dutton QC, said:
‘The Bar is facing a period of change as the implications of the Legal Services Act begin to be felt; however, the future of the Bar remains a strong one. Criminal practitioners should not doubt that the Bar Council will fight to ensure that high-quality advocacy remains central to our system of justice.’
