Love's (not so) Young Dream

Always wanted to 'do' criminal law, no discussion, no doubt, criminal law all the way, from year 1 of law studies.

I still have a yearning for criminal law, there's something about it, for me that is. I realise that many despise it with a vengeance. It's a tricky module too, caught quite a few out in the MCT's recently. Unlike civil litigation, which (at this stage) is all neatly contained in the White Book, criminal litigation is a bit of a tart and puts itself about all over the place. Ok, so Mr Blackstone's and Mr Archbold do attempt to cover it all, but a lot of the time, one has to seek further guidance from caselaw and sentencing guidelines etc., so all in all criminal is a weighty subject - so much for the myth that the thickos opt for criminal law because 'it's easy'. It isn't. It changes very rapidly too, particularly on the sentencing, so there is constant need to check databases and update any recent amendments.

My respect for criminal lawyers has grown, they are up against it much of the time, late evenings spent preparing for a case because the trial bundle has only just arrived, last minute change of pleas from defendants, who no doubt are oblivious to the fact that their barrister has been up until 3am preparing their case, ungrateful and obnoxious clients - actually forget that last one, that comes with the territory no matter which area of law we choose.

But despite my fondness of all things criminal, I am having a bit of a turnaround. A reality check if you like. Legal aid is an ever tightening purse and it's a worry, combine this with the notion that there seems to be some sort of mission to oust lawyers from certain aspects of the criminal justice system and replace them with paralegals, I envisage that before too long, the bread and butter of criminal litigation will be taken over by quasi-professionals, who will be appearing in the lower courts representing clients for minor offences and pre-trial hearings etc. Although this may not impact too severely on those already established at the bar, I believe that the fledgling barristers, who cut their teeth in the lower courts and earn their keep by doing those pre-trial hearings and minor offences etc. will be hard hit. And of course the knock on effect will be that if a baby barrister doesn't get the necessary experience in the lower courts, he or she will be ill prepared when they suddenly appear in the Crown Court, overwhelmed by the occasion or simply too inexperienced to do their job competently. Ok, so there is an argument that a pupil will have spent time with their colleagues in the Crown Court, watching and learning, but watching and doing are two different things, I know this for sure, Barman watches loads of football, but I've seen him try to play:-)

I've always had an interest in the quasi-criminal law anyway, regulatory crime, environmental law etc. and I'm now thinking that this is where my future lies, if I have a future in law that is...