Another month has flown by, and just like that, I am only 4 months away from being on my feet – a sobering but very, very exciting prospect. This month has been filled with more interesting work, learning experiences and the inevitable unpredictability of a life of crime.
Misconduct in Public Office Trial
A large part of my month was spent following a 3-week misconduct in public office trial/conspiracy to convey a listed article into prison at Southwark Crown Court. The case arose from a young female prison officer, who was engaged in multiple romantic relationships with prisoners at the prison she worked at as well as other prisons. She also conspired with one of these prisoners to smuggle spice, a synthetic cannabinoid (a man-made version of cannabis), into prison. My supervisor prosecuted the case.
There was a large amount of documentation in this case, and accordingly, a large amount of material that had to be put to the Defendant. It was so beneficial to watch my supervisor break it down and observe their structure and manner in the cross-examination of a difficult Defendant whilst managing so much material. This also extended to opening, agreed facts and closing. Learning the tactical decisions that need to be made on a case with a lot of contemporaneous material is an incredibly useful lesson to learn early on. Juries are just regular people, who get bored, struggle to pay attention, get hungry, etc. All of these things are made worse when there is a large amount of evidence to go through; it is really important to manage these human needs, in order to present a case as best as possible.
Being apart of a trial for 3 weeks, seeing the same people day-in day-out, is not something I have experienced until pupillage. It is a definite highlight. You meet opposing counsel, officers, clerks, ushers as strangers, but by the end of a long trial, it is almost bittersweet to be in a different court with different people – a trial family so to speak. You are all there with the same objective, albeit on different sides, and it is a wonderful perk of this profession that you get the opportunity to meet, and connect, with so many interesting people, all of the time.
For those interested in the case, you can read more here (and here).
Other trials
I also observed two other short trials: the first was an indecent assault and the second was a rape. In one of the cases, we were defending and in the other we were prosecuting. There is a lot of emotion attached to cases like this, and it is not uncommon to see juries emotional when the verdict is read. For this reason, I think it is so beneficial as a young advocate to observe proceedings from both perspectives (prosecution and defence). Witness handling skills are always tested in these kinds of proceedings as vulnerable witnesses are common. I learnt a lot about how to approach these kind of witnesses, from both a prosecutorial and defence standpoint, the kinds of questions to ask and how to manage them as a whole.
Backer trials
We have had three ‘backer trials’ which have not been heard, or otherwise had to be put off this month alone. A backer trial is an additional trial listed in a court where another trial is already listed. The intention being that if the ‘main’ trial is ineffective – most commonly because the Defendant pleads guilty/the Crown accept lesser pleas – the backer trial can be called on straightaway. Even if the backer trial can’t be heard in the court which it is listed, it may be able to be called on at an alternative courtroom if space becomes available. However, the danger is that these backer trials are often listed in a number of court rooms at a certain court centre and a number of those have to be adjourned further, making the advocate’s diary once again subject to change.
Written work for chambers
On two cases, I have drafted the trial documents which are produced by the prosecution, namely, an opening note, a set of agreed facts and a jury bundle index. Both were human trafficking offences – the first in relation to people being smuggled in the back of a BMW, the second in relation to people being smuggled in a black dinghy across the English Channel. I will briefly lay out what these documents are:
Opening Note – This is a document which sets out how the prosecution is going to open its case in court, i.e., the prosecution opening speech. The document does not have to be verbatim what is going to be said but sets out the general nature of what intends to be said before the jury. There is usually a line at the top of this document which says: ‘This document summarises the Crown’s case based on the evidence available at the time of writing. The document does not limit the Crown’s case.’
Agreed Facts – This is a document which sets out facts which are agreed between the prosecution and the defence under s.10 of the Criminal Justice Act 1967. What this means is that the facts contained within the document, for the purpose of the set of proceedings for which they are agreed, are to be taken by the jury as being fact. This is an incredibly important document and often, allows the prosecution case in terms of volume to be massively reduced, i.e., if the Defence does not challenge a report, or what a witness says, etc. it can often be adduced before the jury as an agreed fact. The prosecution usually prepare a draft version of this document prior to trial which is then discussed with defence counsel prior to going in front of the jury. They are read in court by the prosecutor and then the jury are given a printed copy to keep.
Jury Bundle Index – This one is self-explanatory, but it sets out what material the prosecution intends to place in the jury bundle (a collection of documents selected from the evidence in the case to be before the jury in hardcopy).
All in all, November has been another month of invaluable learning and exposure to the realities of criminal practice. From observing complex trials and understanding the tactical decisions behind case presentation, to drafting key prosecution documents, every experience has reinforced the importance of clarity, adaptability, and empathy in advocacy. With just four months until I’m on my feet, I feel both humbled and motivated by the challenges ahead—and excited to continue building the skills that will shape my career at the Bar.
LouisAndTheLaw 
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