Miscarriages of Justice: Why I Chose Criminal Law

24 July 2024

In a series of blogs we are speaking to our CLSA membership and asking them why they chose to qualify into Criminal Law…. Was it a passion from an early age, something inspired by events in their life, or a complete accident?

  Andrew Bishop, Consultant Solicitor to Bishop & Light shares his story…

 

In a few sentences, tell us a bit more about you…

I am now a Consultant Solicitor to Bishop and Light Solicitors, a firm I formed in 1995 with, you guessed it, Mr Light! Since I left last year the firm has gone from strength to strength under the guidance of my excellent former partners. For my part it is nice to get back to doing more casework rather than over bureaucratic administration involved in running a legal aid practice.

 

What was your route into law? Did you always want to be a criminal lawyer?

I took the traditional route of A levels, a Law degree at Exeter University, followed by Law Society Finals in Bristol and training. I started as an Articled Clerk and finished as a Trainee Solicitor. I trained at a commercial London firm, Jaques and Lewis (later subsumed into Eversheds). It was excellent training but I realised that my passion was for Criminal Law. My first principal had been a criminal lawyer in Hackney who transferred to commercial conveyancing. At the end of my training he did his very best to dissuade me from changing tack. I am pleased that he was unsuccessful.

 

Tell us a bit about your first ever job in a law firm…

Jaques and Lewis represented the Government of Singapore before the Judicial Committee of the Privy Council. These were invariably capital murder cases and as an articled clerk I got sent to sit behind Counsel at 9 Downing Street (on one occasion we overlooked Mikhail Gorbachev being greeted by Mrs Thatcher outside No.10). I had to read the papers beforehand and it was my first experience of graphic murder scene photographs. Counsel for the appellant would have to come up with clever legal points to have any chance of success, often based upon case law I had learned at university. Sadly the Government usually won.

  I was also interested in some of the miscarriage of justice cases in the news in the late 80s, including the Irish cases. I went to a talk by Bob Woffinden, an investigative journalist on some of these cases. I still have the copy of his book that he signed for me in about 1989 called Miscarriages of Justice.

  All of this reinforced my conviction that I wanted to be a defence lawyer.

  On 2 January 1991 I walked into a criminal law firm in Brighton to start my career in criminal defence. The 2 partner firm was a world away from the 50 partner London firm that I had left. My first criminal case at the police station as a qualified layer was not a sensational murder but theft of a pedal cycle!

 

What makes you so passionate about criminal law?

Corporate law involved nice offices, high value deals and, sometimes, nice lunches at fine London restaurants. We might be refinancing a multi million pound loan and faxing (ask an oldie, kids) a developer on his yacht in the Caribbean. Shaving a percentage point or two off a loan saved the developer hundreds of thousands of pounds and made the firm tens of thousands.

  And yet it left me with a hollow feeling. It was listening and reading about the miscarriages of justice that really fired my passions as a lawyer.

 

So, if you didn’t become a criminal lawyer, what do you think you would have become?

I’d be on a beach in the Caribbean having retired as a wealthy corporate lawyer!

 

What made you join the CLSA?

I joined at the time of the first contract in 2001. Some will remember the Birmingham MOOT (meeting of the one thousand). Contracting was a novel concept. Before 2001 any firm could apply for legal aid in a criminal case. From 2001 only firms with a contract could apply.

  Many said that contracting would ultimately lead to the demise of the profession. A monopsonistic purchaser would set the rates and enforce performance standards and “quality” audits. Some would say they have been proved right with the dire state of criminal legal aid at the moment.

  I could see that the CLSA was out there fighting for criminal lawyers and joined up.

 

And when did you join the CLSA committee? and what is your role on the committee?

I joined the committee at the same time as the legend that is Bill Waddington and we are the longest standing committee members. I was asked to join by Rodney Warren, then Director of the CLSA. I had set up the first criminal defence lawyers email group, based on Yahoo software. We had several hundred members and it was a vibrant forum for criminal lawyers. Rodney and the CLSA saw its value. I was very happy to allow it to morph into the CLSA email group that is still running (albeit social media has somewhat usurped its function).

 

Are you attending the conference this year? What are you looking forward to?

Yes I am! Being on committee I am acutely aware of the hard work that goes into arranging, with anxieties over venue, speakers, and the inevitable debate of whether a Friday or Saturday conference is better. It always comes through and is always an inspiring and uplifting event. Huge credit for that goes to Sue, our administrator, who converts our sometimes fanciful suggestions into sensible realities. Ideas are a dime a dozen, Sue is priceless.

  The line up this year is first class.

  I am so looking forward to the testimony of the wrongly convicted sub postmistresses and their inspiring barrister Flora Page at conference this year. The legal system let them down and we are humbled that they are coming to speak to us. It is a sobering thought that the miscarriages of justices that attracted me to the job are still happening.

  We also have the Edinburgh Fringe performer Abigail Rolling who combines stand up comedy with criminal defence.

  I hope to persuade some of my colleagues in Brighton to come. Historically, Brighton always sent a strong delegation and we had some great nights that would be memorable if I could remember them.

 

What would you say to someone thinking about a career in criminal law?

Don’t listen to the naysayers. I get cross when I hear of University careers advisers telling law students not to go into Criminal Law. It is hard work and the pay is less than other areas of law but it is interesting every day. You deal with people at their most vulnerable and you can make a difference. And you have much better stories than conveyancers.

 

Is there anyone in the criminal law world that inspires you most?

Tony Edwards. Many will remember Tony lecturing on criminal law and costs in the 90s and noughties. He was able to marry the intellectual with the practical. He remained a duty solicitor throughout and his enthusiasm was inspirational. I hope that he is happy in his well earned retirement.

 

How do you prepare yourself for a day in Court?

Experience helps of course, but with trials I prepare meticulously and bear in mind the military aphorism:

  Prior planning prevents piss poor performance.

  A second Military saying is equally important in the context of advocacy:

  No plan survives first contact with the enemy.

  Prepare thoroughly but be agile on your feet.

 

What types of criminal cases do you work on?

The full range. I have had conduct of more than 10 murder cases and as a crown court advocate, secured acquittals in a 6kg cocaine importation and soliciting to murder case. As a duty solicitor my next case might be …theft of a pedal cycle.

 

How do you switch off and enjoy a work/life balance when dealing with upsetting or stressful situations?

Inadvisable, perhaps, but a glass of red helps!

 

What do you like to do with your spare time, outside of work?

I run a lot, the London Marathon in April was marathon number 21. I am passionate about Parkrun – 5k is such a great distance that all can run. I love live music and theatre. We have just bought a campervan, so looking forward to exploring more of the UK and Europe with my wife and the dog. We are lucky enough to be spending a week in Paris for the Olympics.

 

Get to know Andrew – some quickfire questions…

Favourite criminal / legal based Film: My Cousin Vinny

  Favourite criminal / legal based TV Series: Silk

  What podcast/s are you listening to at the moment? The Teacher’s Pet, an excellent Australian true crime podcast.

  Do you have a favourite genre of music? All time favourite band is The Jam. Currently listening to Springsteen, Taylor Swift (under rated – amongst my generation, anyway) and Kacey Musgraves. Looking forward to Bruce at Wembley this week, couldn’t get a ticket for Taylor!

  Who would play you in a movie about your life? Eddie Izzard

  Who is the last person you called? My Dad. He was busy which delights me.

  Have you read any good books recently? The Making of the Modern Middle East by Jeremy Bowen. Particularly good on audible as he is a compelling narrator.

  Where is your favourite holiday destination? Brittany.

  What is your favourite cuisine? Fish. Preferably in France.

  What is your favourite tipple? Harveys’ best bitter.

  What 3 items could you not live without? Running shoes, record player and hearing aids.