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22 January 2016 / Sir Geoffrey Bindman KC
Issue: 7683 / Categories: Features
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Tried & prejudice

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Geoffrey Bindman reflects on historic racism in court

Edward Marshall Hall (1858–1927) was one of the most famous criminal barristers of his time. He was fortunate to be the subject of an admiring biography by his younger friend and colleague Edward Marjoribanks. First published in 1929, it contains accounts of the trials of several of Hall’s most celebrated clients, including George Joseph Smith (the “brides in the bath”) and Seddon the poisoner. Hall’s career coincided with a period in which murder trials—the bloodier the better—were the staple diet of the popular press. They were a major source of public entertainment before the ages of radio and television. Hall was well suited to his starring role: handsome, eloquent, and fearless in his client’s defence.

At the same time, Hall had the common touch. Son of a Brighton GP, he was kind and compassionate, inspiring confidence and affection in all who knew him. It was surprising therefore to find him using racist language and stereotyping in one of his most famous cases. As I was reading

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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