New Times,
New Thinking.

Britain’s justice system is still failing women

A former judge reveals how the law is loaded against victims of rape and domestic violence.

By Marina Wheeler

As the Lady Chief Justice swore in the Lord Chancellor, Shabana Mahmood, both clothed in extravagant ceremonial dress, on 15 July, she reminded us that Mahmood was drawn to the law by the popular television series Kavanagh QC. The case for a humane portrayal of the criminal courts was instantly made. In her latest book, Rough Justice, Her Honour Wendy Joseph KC offers a more cerebral version of Kavanagh, using the intimate drama of the courtroom to interrogate what “justice” means. With sensitivity, suspense and an easy style she narrates four stories. Each is an amalgam of details from cases she heard over a decade sitting as a Judge at the Old Bailey, the Central Criminal Court in London.

A trial’s primary purpose is to determine guilt, which the prosecution is required to prove. In our system, a jury of 12 citizens, randomly selected, swear to “reach a true verdict according to the evidence”. It falls to the judge to ensure they only hear evidence which informs this task, excluding anything which may divert or prejudice them.

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