Bar Council slams BBC drama; writer responds
A row has broken out between the Bar Council and a television writer over the BBC courtroom drama, Criminal Justice.
The five-part serial, aired on BBC1 this week, shows the story of a man falsely accused and imprisoned on murder charges.
Bar Council chairman Timothy Dutton said it failed to portray the professional obligations defence barristers are under and shows the Bar to be compromising its high ethical standards.
Dutton was particularly upset about a scene which shows a QC encouraging his client to provide a false defence in court.
“Naturally some licence needs to be taken for dramatic purposes. But Criminal Justice goes too far,” he said.
“Criminal justice is not a game and it is a travesty to suggest that practitioners see it in that way.”
The objection has prompted the series writer, Peter Moffat, himself a former barrister, to come out fighting in defence of the programme.
In an open letter Moffat rejected the Council’s criticisms and insisted: “It is absolutely common practice for defendants to be prodded towards giving instruction which suit the best available defence.
“We have an adversarial system. By definition, we are not after the truth in any criminal trial.”
Readers' comments (10)
Anonymous | 3-Jul-2008 4:23 pm
Moaning Bar Council
I don't see Tim Dutton QC's problem. There's always fictional dramas about bent coppers and you don't see the Met Police moaning about the Old Bill being made to look corrupt or dodgy.
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Anonymous | 3-Jul-2008 4:25 pm
Criminal Justice
Brilliant TV. Loving the series and there's some truth to some of it.
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AS Bentas | 3-Jul-2008 5:13 pm
There's a few bad eggs out there
So barristers aren't bent? How about that barrister who was jailed this week for five years for fraud over the sale of four non-existent aircraft engines?
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SFB. | 4-Jul-2008 10:37 am
The laws an ass!
This is the most powerful drama i have seen in a long time, Excellent stuff.
In my own experience dealing with many aspects of the law system, this rings very true in many parts for me.
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Richard Ramsey | 4-Jul-2008 4:12 pm
Haven't seen the film, might watch for the DVD
As far as criticising this series, one cannot help feeling,
The lady doth protest too much, methinks.
It can't be any worse than that travesty Judge John Deed, which is also somewhat boring.
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Anonymous | 4-Jul-2008 11:54 pm
In defence of Peter Moffat
I have just written a letter to Leicester Crown Court, mine a simple divorce case. However, my letter stated "the BBC drama programme 'Criminal Justice' (episode 3) certainly qualified/paralleled my deals with the legal fraternity in that solicitors/barristers act as parasites: in my experience they are guilty of financial greed, dishonesty, hypocrisy, manipulation, conspiracy (thus betrayal), intimidation, threats and are unethical in trait.
Whatever happened to standards of sincerity, loyalty, truth, honour and honesty? Whatever happened to common sense?
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Anonymous | 5-Jul-2008 9:32 pm
No profession is perfect but...
Firstly, the barrister who attempted a VAT fraud was not a practising barrister.
Secondly, barristers do not get rewarded for winning and so there is no inherent incentive to break the rules of professional ethics.
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John Wheatcroft | 7-Jul-2008 7:51 pm
Brilliant Show - Paralleled my case down to a tee
I have been on the receiving end of the legal fraternity's, principles and I totally agree with Peter Moffat. This is entirely realistic. The prison scenes were correct and accurate. I can see many parallels in the way ~ I was "treated" and "advised," and I would not trust any of them again.
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John Wheatcroft | 10-Jul-2008 7:37 pm
Brilliant Series - Very accurate
I have thoroughly enjoyed this series and I can tell you from bitter personal experience that yes, this is very realistic and yes the prison scenes are accurate.
Several years ago it was my misfortune to be dating a lunatic from Coventry and although in my case, my supposed "offence" was not nearly as serious as the one portrayed here, I felt chilled to the marrow to be watching it.
My heart went out to the character of 'Ben Coulter', which was a sterling performance.
The trouble is in this country we have too many stupid laws made by Labour since 1997 and yes the truth really does not matter in the slightest.
I wanted to tell the truth too but was prevented from doing so. I only wish that I had had a lawyer like "Stone", played briliantly by Con O'Neill.
Trust me this was very very accurate. I complained about the treatment that I received and the way my case
was investigated to the IPCC - this resulted in my being remanded.
Even when I got out they still wanted to pursue my complaint.
Like lawyers & barristers, The Police are not whiter than white and the IPCC is a biased "lame duck", run by the Police, for the Police.
They are certainly not there for your average man in the sstreet. They are part of a great big club which only has its own interests at heart and of course looking good in the public eye.
"Independent", thats a joke if ever I heard one and a load of rubbish too.
As for lawyers and barristers, they were not interested at all in the truth, just the best story thats all.
Fortunately I never went to a jury trial. I wish I had now, they would have laughed my petty and somewhat trivial case out of court !!
What we actually have in this country is in fact a "Police State", with a thin veneer of democracy, or if you prefer "do as I say, not do as I do" mentality.
Prisons are for dangerous people. trouble is the CPS do not really know what is and what is not dangerous.
Brilliantly scripted, brilliantly written, please lets have more. I loved the idea of putting the inappropriate relationships in, as a bit of a side plot.
Bill Patterson is a fab actor too, i've liked him since his Auf-Weidersen Pet days,
I am glad he had doubts about his evidence right at the end and realised that "Ben" did not do the murder. I think they could have made more of this, rather than just showing "Ben" walking out of the prison.
When all said and done, drama or not. The Police and prosecution were WRONG in this albeit fictionalised case.
Hopefully Mr Moffatt will write some more. Very well done.
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Anonymous | 17-Jul-2008 1:13 pm
Criminal misconduct
I have recently been involved in a clear cut claim for unfair dismissal. For reasons best known to themselves, the employer is so desperate to avoid this from getting into the public domain that they have deliberately perverted the course of justice to do so.
However, the biggest shock is that none of this would have been possible thus far without the active participation of their lawyer and barrister who between them have stopped at nothing to protect their client. Intimidation, contempt of court, lying and even going so far as to offend the constitution - it seems that nothing is out of bounds.
What is most depressing is that everyone I have spoken to about this seems to think that this is what they are being paid to do.
Apart from the injustice to the victim, the common perception that professional misconduct is all part of the game, brings the whole legal profession into disrepute.
What kind of justice system do we have when no one trusts the legal professionals that are meant to ensure it applies fairly? And what is the point in having courts if it only results in the victim being punished a 2nd time by the defendant and their representatives?
I therefore intend to pursue this matter through due legal process, to ensure that the legal professionals in this case are held to account. Hopefully this will serve as an example to any other lawyer or barrister that is tempted to compromise their career in this way to get a corrupt client off the hook and restore some public confidence in the system
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