My Letter to Sir Brian Leveson

There is a general recognition amongst the people and the judiciary, that this prerogative is a protection for and by the people against unconstitutional, unjust or oppressive legislation - so why can we not see that it is absurd, illogical or possibly even a dastardly sleight of hand to suggest that this protection be legislated away - that the government can legislate away the people’s protection against immoral or unjust legislation!

In January this year, Sir Brian Leveson made a call for evidence to assist him in his review of the Criminal Justice System.  I know not how widely-made the call was. I stumbled upon the call somewhere like the Law Society Gazette, I cannot remember exactly, but it was somewhere frequented by lawyers, rather than aimed at the public at large. 

Here is the letter I wrote to Sir Brian in response to that call. It was not the letter I intended to write, which would have been one that was much more legalistic, statistical and punchy. Instead, the following letter is what emerged. It ran to twelve pages, through no design of my own. It contained twelve suggestions - again, the number was not deliberate on my part. 

I hoped that what I had discovered in my research would affect Sir Brian as it has me. I offered my help, but I was not one of those chosen for the 76 personal meetings with Sir Brian, nor for the 118 interviews by the review team... of course not, it was foolish of me to hope otherwise.

I would, however, like to share the letter with people who, like me, care deeply about the proposals in the review (Here) and how they will, if implemented, decimate the last remaining vestiges of our Trial by Jury constitution, the Law of the Land. Of course, nobody has the lawful authority to change the constitution in this way, but it has, de facto, been done before, and will be again, if we allow it. If everyone believes that a government can change what many describe as a cornerstone of our constitution, by legislation, then the remnants of that cornerstone will be forgotten and much harder to restore. The review tries to tell us that there is no right to Trial by Jury, that it is not a part of the constitution, that people are mistaken to believe that it is... but, if you read the review carefully, you should find yourself asking questions which will reveal to you the truth of the matter.

So, here is my letter... slightly redacted to remove some personal details and anecdote, to provide clarity and slight refinement of sentiment where I had expressed myself in haste and for one person.

LJH

Download here:

The two referenced and attached documents to the letter: