1 Why do we need barristers?
This section is designed to help you understand why we have barristers and what role they play in society.
Let’s start with an activity which looks at an important principle called the ‘rule of law’. This sets out how and when the law should be used.
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The rule of law
This is a video clip about a young offender called Adam (played by an actor), who interacts with real professionals in the Metropolitan Police to illustrate what happens after a person is arrested. We meet DC Shane O'Neill, the investigating officer, whose role is to interview the young person to try to establish if he is indeed the culprit, and if there is enough evidence to charge him with an offence.
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Watch the video [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)] and then answer the following questions.
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Barristers play an important part in upholding the ‘rule of law’, making sure that this principle continues to be followed and is not ignored. They assist individuals, companies and other bodies in upholding their legal rights. This can be by explaining what the law means and how it applies in a particular situation.
It can also involve representing people in court. By undertaking this work, they ensure that other individuals, companies, bodies and even governments are fulfilling their legal obligations.
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Show description|Hide descriptionThe role of barristers in society. Examples of cases in which barristers have played an important role. R (Miller) v Secretary of State for Exiting the European Union (2017). A referendum (public vote) in 2016 led to the UK leaving the European Union (sometimes referred to as ‘Brexit’). Amongst other questions, the Supreme Court (the highest court in the UK) had to decide whether Government ministers had the power to decide to leave the European Union, or whether a law needed to be passed through the UK Parliament. The Supreme Court decided that a law had to be passed through Parliament for the UK’s withdrawal to be legal. Second slide text. Donoghue v Stevenson (1932). In 1928 a lady bought her friend Mrs Donoghue a bottle of soft drink that was not in a clear glass bottle. After drinking it, Mrs Donoghue became very ill and it was discovered that the bottle contained a decomposing snail! She sued the manufacturer of the soft drink and she won her case in the House of Lords (then the highest court in the UK), which decided some very important principles of English law and which have been adopted in many other countries, including that someone can be sued if they fail to take proper care and cause someone else injury or loss of property, and also that manufacturers have a duty of care to end users or consumers of their products. Third slide text. R v Penguin Books Ltd (1960). Also known as The Trial of Lady Chatterley’s Lover, this case in 1960 heard at the Old Bailey in London is one of the most famous British jury trials, with the acquittal producing very significant social and political consequences. The publisher was prosecuted under the new Obscene Publications Act for publishing the whole version of a book by D H Lawrence, Lady Chatterley’s Lover that had previously only been published in a censored version removing parts thought to be sexually explicit and immoral. The jury unanimously acquitted the publisher, and the case has been seen as establishing the freedom of the written word and the beginning of the sexual and social revolution that spread across the Western world in the 1960s.
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Show description|Hide descriptionBarrister briefing! All barristers must belong to an Inn of Court. There are four Inns of Court in England and Wales – The Inner Temple, Middle Temple, Gray’s Inn and Lincoln’s Inn. These are unincorporated associations that have existed since the 14th century and play an important role in the profession and its disciplinary processes. Each Inn is based in central London, although its members will live and work across England and Wales and further afield. The Inner Temple’s values are as follows: Dedicated: It believes in the pivotal role of The Inner Temple in upholding the rule of law, the legal profession and the wider community. Excellent: It strives to achieve excellence in all aspects of the Inn’s work. Progressive: It aims to develop a vibrant legal community whose members are representative of the people it serves. Friendly and Hospitable: Its members listen and support each other.
